Federal Courts Chapter 11 and 12

I. The Judicial Branch A.Purpose 1.Interpret laws – determine what the Constitution/law means 2.Apply laws – try cases and issue verdicts B.Composition 1.State and local court systems 2.Federal court system District Court Circuit Court of Appeals Supreme Court

II. Jurisdiction Jurisdiction – the authority of a court to a type of case A.Federal, State, and Concurrent 1.Federal - federal courts hear cases involving: The Constitution Federal law Treaties/foreign governments/ambassadors The US government 2 or more states Citizens from 2 or more states Bankruptcy Maritime law 2.Concurrent – could be heard in state or federal 3.State – cases involving state and local law B.Original and Appellate 1.Original – the authority to be the first to hear the case 2.Appellate – the authority to hear appeals from a lower court

III. The Lower Courts District Court Circuit Court of Appeals Created by: Jurisdiction: Number: Case Heard By: Possible decisions: Criminal: Civil:

IV. Legislative Courts A.Jurisdiction 1.Created by Congress to deal with cases involving particular types of laws 2._________________________like a district court B.Examples 1.____________________________– lawsuits against the government 2.Territorial – cases originating in US territories 3.___________________________ – applications for secret surveillance for national security purposes

V. Powers of the Judicial Branch A.Judicial Review 1.Definition – ____________________________________ 2.Established by Marbury v Madison 3.Actions or laws declared unconstitutional are _____________________________________ B.Interpreting Law 1.Laws are sometimes written _______________ 2.Court determines what the law ____________________ C.Limits to Power 1.___________________________has to enforce decisions 2.Congress _______________________based on decisions 3.Constitution can be ________________________ 4.Court can only decide ______________________ 5.Judges can be _______________________

Current Supreme Court Justices Chief Justice: John Roberts (W Bush) Associate Justices: Antonin Scalia (Reagan) (in order of service)Anthony Kennedy (Reagan) Clarence Thomas (HW Bush) Ruth Bader Ginsburg (Clinton) Steven Brayer (Clinton) Samuel Alito (W Bush) Sonia Sotomayor (Obama) Elena Kagen (Obama)

VII. Supreme Court Justices (All but italicized apply to all Federal judges) A.Basic Information 1.9 Justices (1 Chief, 8 Associate) 2.Number set by Congress 3._________________________________(only loyal to the law) 4.Supreme Court is the final authority 5.Can be impeached _______and removed _________ B.Selection 1.Appointed by the _______________________ 2.Confirmed by the _______________________ 3.Some appointees are rejected C.Background 1.Lots of experience in law field (lawyers, professors, judges) 2.________________________________________________

VIII. Factors Influencing Decisions A.The Constitution – ___________________________ B.Precedent – cases are decided based on prior court decisions 1.___________________– “let the decision stand”; generally previous and lower court decisions are upheld 2.Overturned decisions are a _________________ C.Judicial Philosophy – each judge has one 1.Judicial restraint – ______________________________ 2.Judicial activism – ______________________________ 3.Interpretation of the Constitution ________________ – do only what the Constitution says ________________ – Constitution is “living document” that can be bent to reflect the times

VI. Decision Making at the Supreme Court STEP 1: Receiving cases 1.A few cases are original (usually involving states) 2.Most cases are appeals Most appeals are __________________________ If the Supreme court dismisses a case, the previous ruling _____________________________ Step 2: Accepting cases 1.Discuss list – the Chief Justice determines which cases will be brought before the entire group for acceptance 2.Rule of four - ______________________________________ 3.Factors influencing acceptance (likely to reject if…) The decision will not make a difference No one actually suffered harm The decision will not affect a large number of people The case does not involve the _____________________ The issue is political, not legal

STEP 3: Written Arguments 1.Each side submits written documents (briefs) defending their position 2._______________________brief – (“friend of the court”) submitted by person or group who Will be affected by the ruling Wishes to show their stance on the issue being decided STEP 4: Oral Arguments – each side gets ___________________to interact with the Justices STEP 5: Conference 1.Secret – no outsiders or minutes taken 2.Merits of the cases are discussed 3.Vote is taken – majority wins (tie upholds lower decision) STEP 6: Opinion – written explanation of the Court’s ruling STEP 7: Announcement – opinion is released and the ruling made public

VII. Opinions A.Types 1.______________________ – assigned by Chief Justice if everyone votes the same way 2.______________________ – explains the ruling of the court if the decision was not unanimous Assigned by Chief Justice if part of the majority OR Assigned by senior associate in the majority 3.______________________ – written by members of the majority with different reasons than those given by majority opinion 4.______________________ – written by a justice in the minority explaining why they disagree with the ruling B.Importance 1._____________________________________ 2.Communicate the views of the Court to Congress, the President, state and local governments, and interest groups