Federal Courts= Supreme Court & Lower Courts Judicial Branch Federal Courts= Supreme Court & Lower Courts

Key Concepts Over time, federal courts have had significant impact on public policy The appointment of federal judges is very political Checks and balances affect the federal court system

State & Federal Courts State Courts Federal Courts Each state has its own state court system that enforces state laws MOST cases are heard by the STATE courts The federal (national) court system consists of: Supreme Court is the highest court in the country (established by the Constitution) Lower or “inferior” courts (established by Congress)

Organization of Federal Courts

Appointment of Federal Judges What the Constitution SAYS… No formal qualifications in the Constitution Judges serve for life (or until they resign) Nominated by the president and confirmed by the Senate

Appointment of Federal Judges What the Constitution DOESN’T say… President almost always chooses someone from their own party Political ideology does effect the a judge’s view, however decisions are shaped by other factors Facts of the case Precedent Lawyers’ arguments

when a court has the authority to hear a case Jurisdiction Jurisdiction = when a court has the authority to hear a case

Jurisdiction Original Jurisdiction Appellate Jurisdiction The court that hears the case FIRST has original jurisdiction in the case When a court hears a case on appeal from a lower court, it has appellate jurisdiction. Appeal = a lower court made a decision but whoever “lost” the case appeals the case to a higher court

Organization of Federal Courts

How federal courts choose cases? The Constitution gives federal courts jurisdiction over certain cases There are 5 basic criteria: If a court has made a decision that conflicts with precedent Precedent = examples to be followed in similar cases as they come up in the lower courts or reach the Supreme Court If a court comes up with a new question If one court of appeals has made a decision that conflicts with another If there are other inconsistencies between courts of different states If there is a split decision in the lower court of appeals Not really sure that students need to know these 5 criteria. They’re confusing.

How federal courts choose cases? The Constitution gives federal courts jurisdiction over certain cases There are 5 basic criteria: If a court has made a decision that conflicts with precedent If a court comes up with a new question If one court of appeals has made a decision that conflicts with another If there are other inconsistencies between courts of different states If there is a split decision in the lower court of appeals Not really sure that students need to know these 5 criteria. They’re confusing.

Organization of Federal Courts

The Supreme Court

Supreme Court Justices Nine Supreme Court Justices 1 Chief Justice 8 Associate Justices Constitution does not set the number of SC Justices Congress determines the number of Justices Ranged from 5-10 Justices throughout court’s history Selection of SC Justices VERY political process

How cases reach the SC…

Supreme Court Cases Each year… Between 7,000 to 8,000 cases are appealed to the SC SC decides fewer than 100 cases Which cases… Cases must meet the previously stated criteria 4 out of the 9 SC Justices must agree to hear the case

Once cases reach the SC… Briefs (written arguments) are filed with the court Lawyers get 30 minutes to present their case to the SC Justices Justices meet in Conference Conference takes place behind closed doors Justices discuss the case in private Justices vote to reach a decision ~1/3 of decisions are unanimous Most decisions are divided Justices write their opinions on the case

Opinions (Decision of the Court) Majority Opinion – the final decision and statement of the court Concurring Opinion- an opinion that agrees with the decision but uses different reasoning Dissenting Opinion- minority opinion (has no value but may be used for later appeals or reversals of precedent)

Checks and Balances

Checks on the Judicial Branch Congress- Senate approves President’s nominations, impeach Justices, change the number of Justices (giving the president more or fewer appointments), revise legislation to undo SC decisions, amending the Constitution can alter the jurisdiction of the court

Checks on the Judicial Branch President- nominates ALL federal judges, including Supreme Court Justices grants reprieves and pardons

What is the judicial branch’s role in US government and US society? Exit Slip What is the judicial branch’s role in US government and US society?

How Well Do You Know the Court?

Name the nine justices currently on the Court. 2. Historically, the Court’s members have been Protestant. At various times there has been discussion of the “Catholic seat” or the “Jewish seat” on the Court. How many members of the current Court are Protestant? Catholic? Jewish? TRUE or FALSE? In a typical term the Court decides more cases 5 to 4 than 9 to 0. Court watchers are typically hesitant to predict voting patterns among justices because the labels of “liberal” and “conservative” are not always clear or consistent and justices are not always in one “camp” or another. However, typically, which justices tend to be considered most “conservative”? 5. Which justices tend to be considered most “liberal”?

Which justice(s) tends to be considered a swing voter(s) – sometimes voting with liberals and sometimes voting with conservatives? Approximately how many cases are appealed to the U.S. Supreme Court each year? Approximately how many are accepted for briefing and oral argument? Approximately what percent are accepted? TRUE OR FALSE? When the Supreme Court decides not to hear a case (denies certiorari) it is saying that it agrees with the lower court opinion and that the lower court decision should become a precedent. Which court system generates most of the cases accepted by the U.S. Supreme Court -- state or federal? Explain your answer. 10. TRUE or FALSE? Most experts who study the Court believe that the primary reason the Court decides to hear a case is to correct a legal error made by a court below.