Judiciary

Criminal v. Civil Criminal Cases – A law has been broken. Civil Cases – Usually involve two people suing each other for money or other reasons.

Dual Court System There are federal and state courts. Most cases are handled in local state courts. Each state also has its own state supreme court.

Federal Courts Federal Courts can hear the following cases: – Citizens of one state v. another – Counterfeiting – Kidnapping – Mail Fraud – Interstate trade conflicts – Banking conflicts – Conflicts with federal agencies – Border issues – Interstate crime (mafia) – Denying civil rights – Conflicts over copyrights

Appealing a case Federal cases start in civil courts, then go to a court of appeals and then to the Supreme Court. When a case is heard in an appeals court or Supreme Court that has been heard before in a lower court, they are given appellate jurisdiction.

Supreme Court Jurisdiction Most cases brought to the supreme court are brought by Appellate Jurisdiction The cases where the Supreme Court has original jurisdiction are usually cases that involve state disputes. Judicial Review is the ability of the Supreme Court to decide or interpret laws to see if they are constitutional or not.

Supreme Court In order for the supreme court to hear a case four judges must agree to hear it (Rule of Four). They then grant a Writ of certiorari which means they will hear the case. Most cases are decided on or set a precedent, also called stare decisis.

Judicial Activism v. Judicial Restraint Judicial activists believe the supreme court should impact public policy and change laws. Judicial Restraint believe rule making is best left to the legislative branch, and don’t like change.

Important Chief Justices John Marshall – Early court justice who established many of the courts powers. Roger Taney – Wanted more state powers. Earl Warren – Major civil rights cases were decided under him. Court is seen as liberal. William Rehnquist – Court was seen as conservative.

Selecting Supreme Court Justices President picks the justice and the Senate agrees to it (advise and consent) President try's to pick someone that the senate will approve of, and that will support his parties views. Judges can only be removed by impeachment. They have no term limits. This is to protect them from political pressure.