The Judicial Branch

1. The Judicial Branch

2. Terms • Jurisdiction- the authority to hear certain cases • Original Jurisdiction- the court where the case is first tried • ConcurrentJurisdiction- where both federal and state courts have jurisdiction • Litigants- people involved in a lawsuit

3. Jurisdiction • Federal Jurisdiction- the Federal courts have jurisdiction over cases that involve the US government, treaties with foreign governments, US laws and/or interpretations of the Constitution.

4. Federal Courts cont’d • Federal courts also hear cases that involve: Ambassadors or members of foreign governments • 2 or more state governments • The US government or one of its agencies • Citizens who are residents of other states • Citizens from the same state but the land claim is in a different state.

5. State courts • State Jurisdiction- the State courts have jurisdiction over powers that are given by the state constitution.

6. Due Process • Due Process is the law that states: No state may deprive any person of life, liberty or property without the due process of law. HUH? It means that to lock you up or take your stuff, the gov. must follow the laws.

7. Constitutional Courts • Created by Article 3 of the Constitution • Includes: Federal District Courts(94 in total); Courts of Appeal; Court of International Trade • Article 1 created Legislative Courts • Includes: Federal Claims; Tax Court; Court of Appeals for Armed Forces; Territorial Courts, Courts for D.C.; Court of Veterans’ Appeals and Foreign Intelligence Surveillance Court.

8. Supreme Court • Jurisdiction: cases involving foreign governments and cases where a state is a litigant. • 9 Supreme Court Justices

10. Duties of a S.C. Justice • Never laid out in the Constitution • Developed through laws, traditions and needs • Main duty is to hear and rule on cases • 3 parts to this:1) deciding which cases to hear, 2) deciding the case itself and 3) explaining the decision- called the Court’s Opinion.

11. Salary and Benefits • Chief Justice makes $223, 500 per year • Assoc. Justice makes $213, 900 per year • Appointed for life • Full pension upon retirement • Full medical and dental coverage

13. Duties of the Chief Justice • Presides over the sessions and conferences • Carries the leadership role in the Court’s judicial work • Helps administer the federal court system

14. Chief Justice John J Roberts

15. How do you get the job? • You are nominated by the President and then confirmed by the Senate • There is no guarantee to a nominee becoming a justice, but often if the nominee is middle of the road, and/or the President’s party controls the Senate then the road is that much easier!

16. How does a case get there? • Writ of Certiorari: an order from the Supreme Court to a lower court to send up the records on a case for review • OnAppeal- basically saying that the lower court screwed up

17. How is the case decided? • A brief is submitted to the Court- a brief is a written statement that outlines the legal argument, relevant facts and precedents supporting one side of a case • Amicus Curiae (friends of the court) can also submit briefs if they are interested in the outcome. Interest groups, individuals and even governments submit these.

18. How is the case decided? • Oral arguments in front of the court- each side gets 30 minutes to summarize the key points and can be interrupted by the Justices when they ask questions or need further explanations • Conference- the Justices meet to decide what they are going to decide

19. How is the case decided? • Finally: • Writing theopinion- there are 4 types of opinions: Unanimous, Majority, Concurring and Dissenting • Unanimous- all agree • Majority- most agree • Concurring- they agree with the majority but for different reasons • Dissenting- opinions of the Justices on the losing side.