Judicial Judicial BranchBranch

How was it created?How was it created?

Article IIIArticle III

Section 1. (Courts & Terms of Office)Section 1. (Courts & Terms of Office)

Section 2. (Jurisdiction)Section 2. (Jurisdiction)

Section 3. (Treason)Section 3. (Treason)

US Court SystemsUS Court Systems There are two court systems in the United There are two court systems in the United

States:States: National Judiciary (spans the country)National Judiciary (spans the country) State Courts (run by each of the 50 States)State Courts (run by each of the 50 States)

Different court systems are needed in Different court systems are needed in order to allow each level to interpret their order to allow each level to interpret their laws (remember federalism)laws (remember federalism)

The constitution gives certain rights to the The constitution gives certain rights to the federal government while reserving other federal government while reserving other rights for the staterights for the state

Court SystemsCourt Systems

FederalFederal Created by the Created by the

ConstitutionConstitution Deals with issues of Deals with issues of

law relating to powers law relating to powers granted in the granted in the ConstitutionConstitution

StateState Different in each stateDifferent in each state Deal with issues of law Deal with issues of law

relating to those relating to those matters that the US matters that the US Constitution did not Constitution did not give to the federal give to the federal government or deny government or deny to any stateto any state

Criminal vs. Civil LawCriminal vs. Civil LawCriminal LawCriminal Law

Concerns offenses against the Concerns offenses against the authority of the stateauthority of the state

Violation of a lawViolation of a law Punishment-Punishment- Jail or prison, Jail or prison,

fine, death penaltyfine, death penalty Burden of Proof-Burden of Proof- is on state is on state Defendant is innocent until Defendant is innocent until

proven guiltyproven guilty Must prove guilty beyond Must prove guilty beyond

reasonable doubt (98-99%)reasonable doubt (98-99%)

Criminal vs. Civil LawCriminal vs. Civil Law

Civil LawCivil Law Law that determines private Law that determines private

rights and liabilities rights and liabilities Relates to human conduct and Relates to human conduct and

disputes between private partiesdisputes between private parties Punishment-Punishment- Only Only

reimbursement for plaintiff’s reimbursement for plaintiff’s losseslosses

Burden of Proof- Burden of Proof- On Plaintiff, On Plaintiff, prove more than 50% that prove more than 50% that defendant caused injurydefendant caused injury

State or Federal Court???State or Federal Court???

Read the scenarios and figure out if Read the scenarios and figure out if the case belongs in the federal or the case belongs in the federal or state court and why.state court and why.

National JudiciaryNational Judiciary

The Constitution created the Supreme The Constitution created the Supreme Court and left Congress to establish Court and left Congress to establish the the inferior courtsinferior courts—the lower federal —the lower federal courts. courts.

There are two types of federal courts: There are two types of federal courts: Constitutional Courts Constitutional Courts Special CourtsSpecial Courts

Federal CourtsFederal Courts

Constitutional CourtsConstitutional Courts Supreme CourtSupreme Court AppealsAppeals District/Trial CourtsDistrict/Trial Courts

Special CourtsSpecial Courts Military, tax court, veterans affairs etc.Military, tax court, veterans affairs etc. More specific and narrow casesMore specific and narrow cases Created by CongressCreated by Congress

JurisdictionJurisdiction What court hears the case?What court hears the case?

Definition: Definition: Authority of a court to hear (Authority of a court to hear (try try and to and to

decide)decide) a case a case

Article III, Section 2 of the Constitution Article III, Section 2 of the Constitution provides that the federal courts may provides that the federal courts may hear a case because either:hear a case because either:

(1) the subject matter or(1) the subject matter or (2) the parties involved in the case.(2) the parties involved in the case.

Types of JurisdictionTypes of Jurisdiction Exclusive and Exclusive and

Concurrent JurisdictionConcurrent Jurisdiction Some cases can only be Some cases can only be

heard in federal courts. In heard in federal courts. In that case, federal courts that case, federal courts have have exclusive exclusive jurisdictionjurisdiction..

Many cases may be tried Many cases may be tried in a federal court or a in a federal court or a State court. In such an State court. In such an instance, the federal and instance, the federal and State courts have State courts have concurrent concurrent jurisdictionjurisdiction..

Original and Original and Appellate JurisdictionAppellate Jurisdiction

A court in which a case A court in which a case is first heard is said to is first heard is said to have have original original jurisdictionjurisdiction over that over that case.case.

A court that hears a A court that hears a case on appeal from a case on appeal from a lower court has lower court has appellate jurisdictionappellate jurisdiction over that case.over that case.

The Supreme Court The Supreme Court exercises both original exercises both original and appellate and appellate jurisdiction.jurisdiction.

Appointment & TermsAppointment & Terms Federal judges and Supreme Court Justices are Federal judges and Supreme Court Justices are

appointed by the Presidentappointed by the President Subject to the approval of the Senate.Subject to the approval of the Senate. Most federal judges are leading attorneys, Most federal judges are leading attorneys,

legal scholars and law school professors, legal scholars and law school professors, former members of Congress etc.former members of Congress etc.

Federal Judges Appointed For life (resign, retire, Federal Judges Appointed For life (resign, retire, or die)or die) Removal by impeachment (13 federal judges, 7 Removal by impeachment (13 federal judges, 7

convicted)convicted) Own willOwn will

Special Courts Appointed For 4-15 yearsSpecial Courts Appointed For 4-15 years

Congress Determines salaries Congress Determines salaries

http://www.whitehouse.gov/infocus/juhttp://www.whitehouse.gov/infocus/judicialnominees/dicialnominees/

http://www.whitehouse.gov/news/nohttp://www.whitehouse.gov/news/nominations/minations/

http://www.senate.gov/reference/reshttp://www.senate.gov/reference/resources/pdf/98-53.pdfources/pdf/98-53.pdf

Inferior CourtsInferior Courts

Chapter 18 Section 2Chapter 18 Section 2

The District CourtsThe District CourtsFederal Judicial Federal Judicial

DistrictsDistricts The 94 federal judicial The 94 federal judicial

districts include at least one districts include at least one district in each State, the district in each State, the District of Columbia, and District of Columbia, and Puerto Rico. Puerto Rico.

Larger and more populous Larger and more populous States are divided into two States are divided into two or more districts, reflecting or more districts, reflecting the larger amount of judicial the larger amount of judicial work done there.work done there.

District Court JurisdictionDistrict Court Jurisdiction have original jurisdiction over have original jurisdiction over

most cases that are heard in most cases that are heard in federal courts. federal courts.

The district courts hear a wide The district courts hear a wide range of range of criminal casescriminal cases and and civil casescivil cases. .

A criminal case, in the federal A criminal case, in the federal courts, is one in which a courts, is one in which a defendant is tried for defendant is tried for committing some action that committing some action that Congress declared by law to be Congress declared by law to be a federal crime. A federal civil a federal crime. A federal civil case is one which involves case is one which involves noncriminal matters.noncriminal matters.

The Courts of AppealsThe Courts of Appeals

Appellate Court JudgesAppellate Court Judges Altogether, 179 circuit Altogether, 179 circuit

judges sit in the 12 judges sit in the 12 appeals courts. appeals courts.

A Supreme Court A Supreme Court justice is also assigned justice is also assigned to each of the circuits.to each of the circuits.

Appellate Court Appellate Court JurisdictionJurisdiction

The courts of appeals The courts of appeals only have appellate only have appellate jurisdiction, hearing jurisdiction, hearing cases on appeal from cases on appeal from lower federal courts.lower federal courts.

The courts of appeals were created in 1891 to handle much of the burden that the Supreme Court faced in

ruling on appealed cases.

Other Constitutional CourtsOther Constitutional Courts

The Court of International TradeThe Court of International Trade The Court of International Trade hears civil cases The Court of International Trade hears civil cases

arising out of tariff and other trade-related laws.arising out of tariff and other trade-related laws.

The Court of Appeals for the Federal CircuitThe Court of Appeals for the Federal Circuit This appellate court has nationwide jurisdiction and This appellate court has nationwide jurisdiction and

hears cases from several different courts. hears cases from several different courts. Most cases heard arise from the U.S. Court of Most cases heard arise from the U.S. Court of

International Trade, the U.S. Court of Federal Claims, International Trade, the U.S. Court of Federal Claims, and the U.S. Court of Appeals for Veterans Claims.and the U.S. Court of Appeals for Veterans Claims.

Supreme CourtSupreme Courthttp://http://www.oyez.org/tour?itemwww.oyez.org/tour?item=introduction=introduction

The Justices of the Supreme Court of the United States as of 2007. Top row (left to right): Stephen G. Breyer, Clarence Thomas, Ruth Bader Ginsburg, and Samuel A. Alito. Bottom row (left to right): Anthony M. Kennedy, John Paul Stevens, Chief Justice John G. Roberts, Antonin G. Scalia, and David H. Souter.

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Supreme Court- What?Supreme Court- What?

Only court sanctioned by the Only court sanctioned by the ConstitutionConstitution

Power of Judicial Review: Power of Judicial Review: Determine if a law is constitutionalDetermine if a law is constitutional

Jurisdiction: Jurisdiction: Both Original & AppealBoth Original & Appeal

Supreme CourtSupreme Court

3 tools to decided cases3 tools to decided cases

1.1. ConstitutionConstitution

2.2. Precedent (Stare Decisis)Precedent (Stare Decisis)

3.3. SocietySociety

Judicial ReviewJudicial Review

Chapter 18, Section 3Chapter 18, Section 3

Judicial review Judicial review power of a court to determine the power of a court to determine the

constitutionality of a government actionconstitutionality of a government action First asserted power of judicial review First asserted power of judicial review

in the case of in the case of MarburyMarbury v. v. MadisonMadison (1803).(1803).

The Court’s decision laid the The Court’s decision laid the foundation for its involvement in the foundation for its involvement in the development of the American system development of the American system of government.of government.

Supreme Court JurisdictionSupreme Court Jurisdiction

Chapter 18, Section 3Chapter 18, Section 3

Both original and appellate jurisdiction. Both original and appellate jurisdiction.

The Court has original jurisdiction over The Court has original jurisdiction over cases involving two or more States and all cases involving two or more States and all cases brought against ambassadors or cases brought against ambassadors or other public ministers.other public ministers.

Most cases heard by the Court are appeals Most cases heard by the Court are appeals cases. The Court hears only one to two cases. The Court hears only one to two cases in which it has original jurisdiction cases in which it has original jurisdiction per year. per year.

How Cases Reach the Supreme CourtHow Cases Reach the Supreme Court

Chapter 18, Section 3Chapter 18, Section 3

For a case to be heard by the Court, four of nine judges must agree that it should be placed on the Court’s docket.

Writ of CertiorariWrit of Certiorari Most cases reach the Most cases reach the

Court via Court via writ of writ of certioraricertiorari, an order , an order to a lower court to to a lower court to send a record in a send a record in a given case for its given case for its review.review.

Cert DeniedCert Denied, court , court refuses to hear caserefuses to hear case

CertificateCertificate Cases can reach Cases can reach

the Court by the Court by certificatecertificate when a when a lower court asks for lower court asks for the Court to certify the Court to certify the answer to a the answer to a specific question in specific question in the matter.the matter.

Chapter 18, Section 3Chapter 18, Section 3

How the Supreme Court OperatesHow the Supreme Court Operates

Oral ArgumentsOral Arguments• Once the Supreme Court accepts a case, Once the Supreme Court accepts a case,

it sets a date on which lawyers on both it sets a date on which lawyers on both sides will present oral arguments.sides will present oral arguments.

BriefsBriefs• Briefs are written documents filed with Briefs are written documents filed with

the Court before oral arguments begin.the Court before oral arguments begin.The Court in ConferenceThe Court in Conference

• The Chief Justice presides over a closed-The Chief Justice presides over a closed-door conference in which justices present door conference in which justices present their views on the case at hand.their views on the case at hand.

Chapter 18, Section 3Chapter 18, Section 3

Opinions of the CourtOpinions of the Court

Majority Opinion The majority opinion, formally called the Opinion of the Court, announces the Court’s decision in a case and its reasoning on which it is based.

Precedents The majority opinions stand as precedents, or examples to be followed in similar cases as they arise in the lower courts or reach the Supreme Court.

Concurring Opinions Concurring opinions are sometimes authored by justices to add or emphasize a point that was not made in the majority opinion.

Dissenting Opinions Dissenting opinions are often written by those justices who do not agree with the Court's majority opinion.

Once the Court finishes its conference, it reaches a decision and its opinion is written.

How cases reach the Supreme How cases reach the Supreme CourtCourt

““Rule of Four”: 4/9 judges agree for a Rule of Four”: 4/9 judges agree for a case to be put on the Court’s docketcase to be put on the Court’s docket

““Writ of certiorari”: “To be made Writ of certiorari”: “To be made more certain”more certain”

Certificate: Lower court is not clearCertificate: Lower court is not clear