Judicial Branch

1. Judicial Branch Chapter 8

2. The Federal Court System Chapter 8 Section 1

3. What is the Judicial Branch? • Federal Courts & the Supreme Court • Works alongside the state’s court systems • Only hears certain types of cases (all others go through state courts)

4. Purpose of Courts • Use the law to settle civil disputes (disagreements) and decide on guilt or innocence of people accused of crimes • “Equal justice for all”: main purpose of the legal system is to treat every person the same

5. Federal Court System • Created in Article III of Constitution • Made up of three parts: • Supreme Court • Appeals Courts • District Courts • Most cases are heard in the state courts

6. Jurisdiction • Court’s authority to hear and decide a case The Federal Court System has jurisdiction to hear 8 kinds of cases.

7. Cases heard in Federal Courts • Cases involving the Constitution • Violations of federal law • Controversies between states • Disputes between parties from different states • Suits involving the federal government • Cases involving foreign governments & treaties • Cases based on admiralty & maritime laws • Cases involving US Diplomats

8. Working with the State Courts • In most of these areas, federal courts have exclusive jurisdiction • Exclusive Jurisdiction: only these courts may hear & decide certain cases • In some cases, the state and federal courts have concurrent jurisdiction • Concurrent Jurisdiction: both states and federal courts may hear & decide cases

9. Concurrent Jurisdiction • Examples of cases with Concurrent Jurisdiction: • Cases that violate both state and federal laws • Cases involving citizens from different states

10. How Federal Courts are Organized Chapter 8 Section 2

12. U.S. District Courts District Courts • All federal trials begin in the district courts because they have original jurisdiction • original jurisdiction: authority to hear a case the first time • Each state has at least one district court • District courts are the only federal courts in which witnesses testify & juries hear & decide cases

13. U.S. Court of Appeals (also called Federal Appeals Court, Circuit Court of Appeals & Appellate Court) • If a person loses his/her case in the District Court, he/she can have the case reviewed by the Appeals Court because it has appellate jurisdiction • Appellate Jurisdiction: court’s authority to hear a case appealed from a lower court • There are 13 US courts of appeals called circuits • The 13th appeals court has nationwide jurisdiction, meaning it can hear special cases Appeals Court

14. 12th Circuit 13th Federal Circuit

15. Types of Decisions in Appeals Courts • Appeals Courts trials have only a judge, no juries • They may make one of three possible decisions: • Uphold original decision • Reverse the original decision • Remand (send back) to lower court to be retried

16. Announcing the Decision • When the court decides, one judge writes the court opinion, or decision • This sets a precedent for other courts in the future to look at if a similar situation happens

17. Federal Judges • 550+ federal judges • President appoints judges & Senate must approve • Senatorial Courtesy: president submits name to senators from candidate’s state to make sure they approve • Judges are appointed for life • Only removed through impeachment

18. Other Court Officers • Magistrate Judges: handle routine work • Example: search & arrest warrants • U.S. Attorneys: government lawyers • Represent US government in civil cases • Appointed to 4-year terms by Pres. (approval by Senate) • Report to U.S. Attorney General (Head of Justice Department) • U.S. Marshal • Make arrests, collect fines, protect jurors, serve papers (such as subpoenas: order requiring someone to appear in court), etc. • Appointed by Pres. (approval of Senate)

19. The United States Supreme Court Chapter 8 Section 3

20. Supreme Court Jurisdiction • SC has original jurisdiction in only 2 cases • Cases involving diplomats from foreign countries • Cases involving states All other cases begin in the District Courts.

21. SC Justices • 9 Justices (one is the “Chief Justice”) • Choose cases to hear from many thousands each year • Appointed by Pres & Confirmed by Senate • All former lawyers

22. SC Justices • John Roberts (Chief Justice) • Elena Kagan (confirmed in May 2010) • Stephen Breyer • Antonin Scalia • Clarence Thomas • Anthony Kennedy • Ruth Bader Ginsburg • Samuel Alito • Sonia Sotomayor (confirmed in May 09)

23. Milestones in Justice History • First African American Justice: Thurgood Marshall (1967) • First Female Justice: Sandra Day O’Connor (1981) • First Hispanic Justice: Sonia Sotomayor (2009)

26. Powers of the SC • Judicial Review: decide whether any federal, state or local law or government action is constitutional, or allowed by the Constitution • SC gained this power after Marbury v. Madison • Main job of courts is to interpret laws, or decide what laws actually mean

27. Marbury v. Madison • Established power of judicial review • Also, established that Constitution is supreme law of the land • In a conflict between Constitution and other law, Constitution rules (“Supremacy Clause”) • Judicial Branch can nullify, or cancel, laws that conflict with Constitution. They will declare the law unconstitutional.

28. Checks & Balances • Judicial Branch can check and be checked by the other two branches of government • Examples: President appoints justices, SC can nullify law, etc.

29. Turn to Page 205 • How does the number of cases heard compare to the number of cases that are decided by the Supreme Court?

30. Deciding Cases at the Supreme Court Chapter 8 Section 4

31. How Cases Reach the Court • Supreme Court conducts business from October-June/July • Each month they spend: • 2 weeks listening to oral arguments • 2 weeks writing opinions/studying other cases • 200 cases heard each year (out of 7,000 submitted)

32. Steps in Decision Making • Written Argument: Each lawyer writes a brief • Oral Argument: Each lawyer presents his side for 30 min. • Conference: Judges meet to decide case. Majority opinion: explains the court’s final decision or ruling Dissenting opinion: written by justice/justices who disagree with majority opinion & explains their opinion on the case Concurring opinion: agree with majority • Announcement of decision

33. Influences on the Judge • The law should be the most important influence in a judge’s decision! • Stare Decisis: “let the decision stand” means decisions in previous cases should be used as precedent for future cases. The laws should be interpreted the same way by judges. • Judges should rely on precedent, but they must also change with the times. • Ex. Segregation was acceptable to society in the 1950s, but not in the 1960s.

34. Criminal v. Civil Cases Criminal: person/people commit crime & are prosecuted by the government Prosecution: government proving a crime was committed Defendant: person accused of crime who is being prosecuted Civil: one party suing another party Plaintiff: party that is suing Defendant: party being sued **There are both criminal and civil cases in both the state and federal court systems.