The Judicial Branch “The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and established.”

Dual Court System There are two separate court systems in the U.S. 1.National Judiciary spans the country with over 100 courts. 2.Each of the 50 states has its own system of courts

Two types of Federal Courts: 1.Supreme Court – created in the constitution 2.Inferior Courts – created by congress, they are the lower federal courts.

Jurisdiction Is defined as the authority of a court to hear (to try and to decide) a case.

Types of Jurisdiction Exclusive Jurisdiction – cases that can only be heard in federal courts. Concurrent Jurisdiction – cases that can be tried in either federal or state courts.

Plaintiff – person who files suit. Defendant – the person who the complaint is against.

A court in which a case is first heard is said to have original jurisdiction over the case. A court that hears a case on appeal from a lower court has appellate jurisdiction over the case. Original and Appellate Jurisdiction

Criminal Case – a defendant is tried for committing some action that Congress has declared by law to be a federal crime.

Civil Case – a noncriminal matter, such as a dispute over the terms of a contract or wrongful death.

Docket – A list of cases to be heard

The Supreme Court

Federal and State Courts have the power to decide the constitutionality of an act of government, whether executive, legislative, or judicial. The ultimate power rests with the Supreme Court. This makes them the final authority on the meaning of the constitution. Judicial Review

Marbury v. Madison

The Supreme Court has both original and appellate jurisdiction. Most cases come from the lower (inferior) courts. Original Ex. - (1) those to which a State is at party and (2) those affecting ambassadors, other public ministries, and counsels. Jurisdiction

8,000 cases are appealed to the Supreme Court each year, a few hundred are accepted. Half of those cases are returned to the lower court. At least 4 of the 9 judges must agree to put a case on the docket.

Writ of certiorari – “to be made more certain.” This is how most cases reach the court. Certificate – This process is used when a lower court is not clear about the procedure or the rule of law that should apply in a case. How a Case Reaches the Court

The court sits from the first Monday in October to sometime the following June or July. Oral Arguments – Limited to 30 minutes. Briefs – Filed with the court before oral arguments. The Court in Conference – done in close secrecy and presided by the Chief Justice. How the Court Operates

Majority Opinion – the court’s decision. Precedents – an example to be followed in similar cases. Concurring Opinion – to add or emphasis a point that was not made in the majority opinion. Dissenting Opinion – written by the justices who do not agree with the opinion. Opinions