Bell Ringer Senior Project Breakdown! What is one thing you found beneficial about the research packets? What would be one suggestion you could make to improve the research packets for next year? What would be one suggestion you could make for me to help with presentations next year? What is one piece of advice you would give seniors for senior project next year?

Bell Ringer What makes the Supreme Court unique to other courts? Who is your Supreme Court Justice?

Bell Ringer What is the purpose of the judicial branch? List 5 facts you already know about the judicial branch What is 1 question you have?

Justice Research Chief Justice John Roberts Anthony Kennedy Clarence Thomas Ruth Bader Ginsburg Stephen Breyer Sonia Sotomayor Elena Kagan Samuel Alito

Justice Research

Current Supreme Court Justices Chief Justice John Roberts

Current Supreme Court Justices Justice Anthony Kennedy

Current Supreme Court Justices Justice Clarence Thomas

Current Supreme Court Justices Justice Ruth Bader Ginsburg

Current Supreme Court Justices Justice Stephen Breyer

Current Supreme Court Justices Justice Sonia Sotomayor

Current Supreme Court Justices Justice Elena Kagan

Current Supreme Court Justices Justice Samuel Alito

The Judicial Branch

The Role of the Judicial Branch To interpret and define law Hearing individual cases Deciding how the law should apply

Creation of a National Judiciary Problems with the Articles of Confederation and the courts No national courts Interpretation left to states Internal disputes difficult to solve Article III of the Constitution creates “one supreme court, and such inferior courts” Congress creates the system underneath Supreme Court – inferior courts

Types of Federal Courts

Federal Court Jurisdiction 4. Article III, Section 2 of the Constitution provides that the federal courts may hear a case because either: 1) the subject matter 2) the parties involved in the case Subject Matter U.S. Const., Federal Law or Treaty Admiralty Law (on sea or U.S. water) Maritime Law (matter on land, but directly relate to water) Parties Involved U.S. official or agency Ambassador or foreign official State is suing or being sued Citizens from different states U.S. citizen suing foreign govt. Citizens of same state, but land dispute is in another state

Federal Court Jurisdiction 5. Remember federalism! Federal courts = federal law State courts = state laws

Types of Jurisdiction Jurisdiction – the authority of a court to hear (try and decide on) a case 4 Types of Jurisdiction: Exclusive Jurisdiction – only federal court has authority to hear, state court cannot (ambassadors) Concurrent Jurisdiction – federal or state court could hear (ID resident sues company in FL) Original Jurisdiction – court is the first one to hear a case Appellate Jurisdiction – court can only hear a case on appeal What makes the Supreme Court so special? Able to have both original AND appellate jurisdiction!!

Appointment, Term and Salary Appointment President nominates someone to become a judge Senate majority vote confirms Senatorial Courtesy Term Judges of Constitutional Courts serve for life Resign, retire, or die Removed by impeachment Judges of Special Courts not appointed for life Salary Congress sets (currently $199,000) Retirement

Judicial Branch Vocab!!! Concurring opinion DocketCriminal case PrecedentWrit of certiorariMajority opinion Civilian tribunalCivil caseCourts-martial Dissenting opinion RedressCertificate

INFERIOR COURTS

Special Courts Created by Congress to hear cases arising out of some of the narrowly expressed powers Courts: U.S. Court of Federal Claims U.S. Tax Court Territorial Courts U.S. Court of Appeals for Armed Forces Court of District of Columbia U.S. Court of Appeals for Veteran Claims Specialty Courts: US Claims Court, Tax Court (Courts of original jurisdiction) ` Federal Court Structure

Constitutional Courts Formed under Article III of the Constitution Interpret broad judicial powers Courts: 94 District Courts 12 U.S. Courts of Appeals U.S. Court of Appeals for the Federal Circuit U.S. Court of International Trade Federal District Court (Court of original jurisdiction) Federal Appeals Court (Court of appellate jurisdiction) ` Federal Court Structure

Supreme Court The “Court of Last Resort” – highest court in the country Decides Constitutional issues 9 total (1 Chief Justice) Has final power of judicial review Supreme Court (Court of last resort; decides constitutional issues) ` Specialty Courts: US Claims Court, Bankruptcy Court, Tax Court (Courts of original jurisdiction) Federal District Court (Court of original jurisdiction) Federal Appeals Court (Court of appellate jurisdiction) Federal Court Structure

Judicial Review Judicial Review – the power to declare acts of government unconstitutional, thus eliminating them All comes from the case of Marbury v. Madison

Effects of Marbury vs. Madison Claimed Supreme Court has right to declare acts of Congress unconstitutional Laid foundation of Judicial Branch as key role in U.S. government

How a Case Reaches Supreme Court Court will issue a writ of certiorari (acceptance of a case) if 4 of the 9 justices wish to hear it Called the “Rule of 4” Less commonly, a certificate is issued if a lower court says they don’t know how to decide on a case

Trial Process at Supreme Court Trial does not function like principal trial courts No “evidence” presented, or witnesses questioned, etc. Rather, one attorney for each side presents his arguments for 30 minutes, while being questioned by justices Once arguments are over, justices will write opinions on the case, and each justice chooses which opinion to sign his/her name to

Trial Process at Supreme Court Opinions: Majority Opinion – final decision on the case, signed by at least 5 justices Becomes precedent for how future similar cases should be decided Dissenting Opinion – written or signed by any justice who disagrees with the majority It’s important because it can become the logic for a future group of justices to overturn this decision Concurring Opinion – written by a justice who votes with the majority, but disagrees with their reasoning as to why If a justice has a conflict of interest in a case, he/she may recuse himself (stay off of the case)