Judicial Branch The Supreme Court and other Federal Courts

Look at your notes as information is given, ADD details At the end of this lecture, your notes should look something like the following slide:

12 Districts – each has Appellate Court 5000 – 7000 cases (70 to 80 herd in one year) Criminal Law – (guilty beyond a reasonable doubt) Civil Law – preponderance of the evidence Can appeal to = United States Supreme Court (TOP of Judicial Systems) 9 Judges Only 1% of all cases filed are heard Each attorney  30 minutes to be heard (3 lights) Judges may interrupt with questions. State LawFederal Law rob Gerard's Market rob a bank State Supreme Court Appellate Courts (San Fran., LA & Sacramento) (Pasadena & San Francisco) 7 judges Appellate Court Federal District Courts (higher court in State system) (Riverside, Los Angeles) District or Municipal Courts (local or county level) Jury Duty ONE day or ONE trial $15.00 per day + mileage List from driver’s license or voter’s registration EXAMPLE! Judicial Branch – interprets the law

Judicial Branch interpret the law

There are TWO legal systems State system State system of laws and courts Federal system Federal system of laws and courts

United States Supreme Court (TOP of Judicial Systems) …….. State LawFederal Law rob Gerard's Market rob a bank State Supreme Court Appellate Courts (San Fran., LA & Sacramento) (Pasadena & San Francisco) 7 judges Appellate Court Federal District Courts (higher court in State system) (Riverside, Los Angeles) District or Municipal Courts (local or county level)

FEDERAL system The country is broken up into districts Each district has many courts. District and Appellate courts located in large metropolitan areas (CITIES) Some courts meet in more than one building – travel around the district.

Geographic Boundaries of United States Courts of Appeals and United States District Courts

Ninth Circuit Alaska Bankruptcy Court Alaska District Court Arizona Bankruptcy Court Arizona District Court Bankruptcy Appellate Panel of the Ninth Circuit California Central Bankruptcy Court California Central District Court California Eastern Bankruptcy Court California Eastern District Court California Eastern Probation Office California Northern Bankruptcy Court California Northern District Court California Southern Bankruptcy Court California Southern District Court California Southern Pretrial Services California Southern Probation Office Court of Appeals Guam District Court Hawaii Bankruptcy Court Hawaii District Court Idaho Bankruptcy/District Court Montana Bankruptcy Court Montana District Court Nevada Bankruptcy Court Nevada District Court Northern Mariana Islands District Court Office of the Circuit Executive Oregon Bankruptcy Court Oregon District Court Washington Eastern Bankruptcy Court Washington Eastern District Court Washington Western Bankruptcy Court Washington Western District Court

Supreme Court TOP of judicial Systems BOTH State and Federal Deals with constitutional issues, disputes between states and disputes between state and Federal governments/laws

Review 1. What are the two court systems in the United States? 2. What is an appeal or an appellate court? 3. How are Supreme Court Judges chosen? 4. How long do they serve? (Term of office) 5. What kind of cases does the Supreme Court hear? 6. In what Federal District/Circuit is California located?

Judicial Branch – interprets the law 12 Districts – each has Appellate Court – CA = # 9 rob Gerard's Market rob a bank SupremeAppellate District Municipal

12 Districts – each has Appellate Court 5000 – 7000 cases (70 to 80 herd in one year) Criminal Law – (guilty beyond a reasonable doubt) Civil Law – preponderance of the evidence Can appeal to = United States Supreme Court (TOP of Judicial Systems) 9 Judges Only 1% of all cases filed are heard Each attorney  30 minutes to be heard (3 lights) Judges may interrupt with questions. State LawFederal Law rob Gerard's Market rob a bank State Supreme Court Appellate Courts (San Fran., LA & Sacramento) (Pasadena & San Francisco) 7 judges Appellate Court Federal District Courts (higher court in State system) (Riverside, Los Angeles) District or Municipal Courts (local or county level) Jury Duty ONE day or ONE trial $15.00 per day + mileage List from driver’s license or voter’s registration EXAMPLE! Judicial Branch – interprets the law

Article III Judicial Branch: Interprets the lawInterprets the law JusticesJustices –Appointed by President/Approved by Senate –serve for LIFE (period of good conduct) Judicial System in AmericaJudicial System in AmericaAmerica –Two Court Systems State SystemState System Federal SystemFederal System –Appeals for both  Supreme Court Supreme CourtSupreme Court –Types of cases –Process of Court

Judicial Branch – interprets the law 12 Districts – each has Appellate Court – CA = # 9 rob Gerard's Market rob a bank SupremeAppellate District Municipal

How does the United States Supreme Court Work? The Supreme Court has developed many procedures to help it interpret the Constitution and handle the many cases that come before it each year. Some of those procedures are described in the next few slides.

When is the Supreme Court in Session? Arguments heard three days a week for fourteen weeks from October to April or May. On other days, the Justices review cases, Meet to discuss cases before them, and work on opinions. Before each conference /public session all the Justices shake hands.

What kind of cases are heard by the Supreme Court? Asked to review: about 5,000 cases a year but turns down most requests. Take 70 to 80 cases = 1% are actually heard Only four out of the nine Justices need to agree to hear a case.

After they decide to hear a case, then what happens? 1. clerk schedules date for oral arguments. 90 days in the future. Starts the clock/rules 2. Rules: Each side has 45 days to hand in a brief that explains its legal position. Main brief = no longer than 50 pages. specify the color of the brief's cover. color shows which side brief represents.

So, what happens when the case is heard? Each side has 30 minutes to make oral arguments. include time for the Justices to ask questions sometimes up to 25 or 30 questions and sometimes RUDE to each other when to speaktime is nearly upSTOP Lights indicate when to speak, when time is nearly up, and when to STOP! Appellant argues 1 st, and can do a rebuttal The public can get tickets to watch Court convenes at 10:00 AM

How do the Justices make a decision about the case? The Justices  CONFERENCE meetings once or twice a week secret, only Justices present discuss cases Any Justice can request that a particular case be discussed. What is said does not leave the room. vote on it. majority A majority vote decides the case. A written opinion - explains the legal reason for the decision.

opinion How is an opinion written? An opinion - explains legal reason for decision Once drafted – sent to all the Justices who agreed. They give comments  writing Justice  revises the opinion  sends it back. may have major changes to keep the majority happy. Other Justices  different legal reasons. concurringopinion May choose to write a concurring opinion. Any Justice can write a concurrent opinion

continued..... Justices  disagree with the majority can write a dissenting opinion. Any Justice can write a dissenting opinion Justices have been so upset by an opinion they have changed their side on the issue, forcing a new vote on the case. The famous Dred Scott decision of 1857 had nine different opinions some in favor and some opposed

How is the decision announced? Time period varies: One week to six months from day the decision - to the announcement of the decision depends on how important and how controversial the case is. The Court's rulings are delivered aloud by the Justice who wrote the majority opinion. Dissenting Justices may also deliver their opinions aloud. Usually, Justices simply speak a summary; the full opinion is given in writing. Copies of the opinion(s) made available to media on front steps of the Supreme Court Building

Before each conference and each public session of the Court, all the Justices shake hands.

Klamath Project: Stores water & then releases it to farmers during summer growing season. (1972 drought) Fish & Wildlife (executive dept. INTERIOR) said release no more H2O. Farmers collectively sued to have water released asked gov't. to change biological standards so reservoirs can be lower during drought periods. Won in lower court, (gov't. represented by lawyers ) Lost in appellate court, (from the Justice Department) filed in Supreme Court - heard because of split in circuits

Proof of Guilt Criminal cases : prosecution must prove guilt - BEYOND A REASONABLE DOUBT BEYOND A REASONABLE DOUBT Civil cases : prosecution must prove guilt - PREPONDERANCE OF THE EVIDENCE PREPONDERANCE OF THE EVIDENCE

12 Districts – each has Appellate Court 5000 – 7000 cases (70 to 80 herd in one year) Criminal Law – (guilty beyond a reasonable doubt) Civil Law – preponderance of the evidence Can appeal to = United States Supreme Court (TOP of Judicial Systems) 9 Judges Only 1% of all cases filed are heard Each attorney  30 minutes to be heard (3 lights) Judges may interrupt with questions. State LawFederal Law rob Gerrards Market rob a bank State Supreme Court Appellate Courts (San Fran., LA & Sacramento) (Pasadena & San Francisco) 7 judges Appellate Court Federal District Courts (higher court in State system) (Riverside, Los Angeles) District or Municipal Courts (local or county level) Jury Duty ONE day or ONE trial $15.00 per day + mileage List from driver’s license or voter’s registration

2 types of trials Criminal Civil Criminal Civil ProsecutorCivilian (sue) Guilt = beyond a preponderance REASONABLE DOUBT of the evidence Jury Duty More about this next

Jury Duty Citizens have right to Jury of Peers MUST serve when called After 1 st day – compensated $15.00 per day (Change Your Notes!!!) plus Mileage Get jurors names from driver’s license or voter registration. More about this later

Video Presentation Constitution Notes Take notes on Constitution Notes Paper Video Notes The Supreme Court Today’s Date – Video Notes – The Supreme Court The Supreme Court The Supreme Court Our Federal Government: The Supreme Court. Rainbow Educational Media unitedstreaming. 11 December 2005

45. Supreme Court highest federal court in the United States

46. inferior courts district and appellate courts – less authority than Supreme Court

47. appellate second level of courts  higher  review cases brought to it to see if law was enforced fairly = justice

48. treason an act of betrayal or aiding an enemy to harm or overthrow one’s government