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The Judicial Branch

The Judicial Branch . Lesson Objective: To understand the powers and responsibilities of the Judicial Branch. Essential Question: What is the role of the Supreme Court in U.S. Government? . The American Legal System. State Courts Federal Courts Three tiers

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The Judicial Branch

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  1. The Judicial Branch Lesson Objective: To understand the powers and responsibilities of the Judicial Branch Essential Question: What is the role of the Supreme Court in U.S. Government?

  2. The American Legal System • State Courts • Federal Courts • Three tiers • Trial Courts- hear cases first have original jurisdiction • Appellate Courts- decide questions of law • Supreme Court & other high courts • Supreme court has both original and appellate • 6% of cases are original in Supreme Court • Jurisdiction- right to hear the case • District Courts • Lowest federal courts • Have original jurisdiction – 94 districts at least 1 in each state • Involve federal government as a party • Constitutional question • Civil suite where parties are form different states

  3. Federal Court System • District Courts • Lowest federal courts • Have original jurisdiction – 94 districts at least 1 in each state • Involve federal government as a party • Constitutional question • Civil suite where parties are form different states • Courts of Appeal • 11 circuit courts + DC court of appeals • Only hear cases that are appeals- NO NEW TESTIMONY • Binding only in their district- do not have national precedent • The Supreme Court • 9 Judges • President nominates the Chief Justice • Only deals with cases with national consequences

  4. Appointments to the Supreme Court • Justices are picked for the following reasons: • Competence • Ideological or Policy Preference • Rewards • Pursuit of Political Support • Religion • Race and Gender • Confirmation Process • Investigation • Lobbying by Interest Groups • Full Senate votes on Confirmation

  5. Deciding a Case • Deciding to hear a case • -About 9,000 cases reach Supreme Court a year • 2003-2004 term heard 90 cases • Writ of certiorari – review of appellate court case • In forma pauperis- comes from criminal law • Almost all are writ of cert. • Conference Vote • Non-binding vote to see where the justices think they will vote • Opinions • Majority opinion- court’s ruling; becomes law • Concurring Opinion- agrees with ruling but not reasoning • Plurality- winning side but not majority- accompanied by concurring opinions • Dissenting Opinion- losing side of the arguement

  6. How They Vote • Legal Factors • Judicial Philosophy • Restraint vs. Activism • Precedent • Built on prior cases • Extra-legal Factors • Personal Experience • Ideology • Strategic Voting • Public Opinion

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