 Where would we find the specific functions of this branch?  Article III  What is the difference between state and federal courts? (Think about Federalism)  Define concurrent, original and appellate jurisdiction

 The Constitution created the Supreme Court, but Congress has used its authority to establish lower Federal Courts – Constitutional and Legislative  List examples of each and explain their purposes CONSTITUTIONAL pgs LEGISLATIVE pgs Three types of courts Two types of juries Three things appeals court can do with a case Seven types of courts

CONSTITUTIONAL pgs LEGISLATIVE pgs Federal District Courts, Federal Courts of Appeals, Court of International Trade Grand Jury and Petit Jury Uphold original decision, reverse the decision, or send the case back to the lower court to be tried again Court of Federal Claims Tax Court Court of Appeals for the Armed Forces Territorial Courts Courts of D.C. Court of Veterans’ Appeals Foreign Intelligence Surveillance Court

THE SUPREME COURT I. Supreme Court Justices A. Congress sets the number of Supreme Court justices. 1. It has been nine since B. The Court consists of eight associate justices and one chief justice. C. Supreme Court Justices serve for life once appointed. 1. Congress may remove justices by impeachment for treason, bribery, or other high crimes and misdemeanors. D. The justices’ duties are not defined in the Constitution but have evolved from laws and through tradition, according to the needs of the nation.

John Roberts GW Bush Antonin Scalia Reagan Anthony Kennedy Reagan Clarence Thomas G. Bush Ruth Bader Ginsburg Clinton Stephen Breyer Clinton Sam Alito GW Bush Sonia Sotomayor Obama Elena Kagan Obama

THE SUPREME COURT II. Appointing Justices A. Justices are appointed by the president and must be approved by the Senate; in the twentieth century most nominees were confirmed. B. Political considerations often play a major part in presidential appointments to the Court. Members of the presidents’ own party usually are named if their prospects of winning Senate approval are good. C. The American Bar Association, a national organization in the legal profession, has played an important role in the selection of justices by rating nominees’ qualifications. D. Interest groups such as organized labor, civil rights groups, and the National Organization for Women attempt to influence Senators’ voting on nominated justices.

I. The Court’s Procedures A. During two-week sessions, justices hear oral arguments on cases and then meet in secret to make decisions. B. The justices consider arguments in cases they have heard and petitions from plaintiffs, and then write opinions for cases they have decided. C. Justices’ written opinions interpret the law and help shape public policy.

II. How Cases Reach the Court A. The majority of referred Court cases concern appeals from lower courts. B. Most appeals concern cases in which a lower state or federal court has ruled laws unconstitutional. 1. Cases the Court chooses not to hear are dismissed, and the ruling of the lower court becomes final. C. Most cases reach the Court by writ of certiorari, in which either side petitions that a lower court’s decision involved an error raising a serious constitutional issue.

III. Steps in Deciding Major Cases A. Each side submits a brief detailing legal arguments, facts, and precedents. B. Lawyers for each side make oral arguments during which justices may ask questions. Each side gets 30 minutes to make their oral arguments C. Justices meet in secret to decide on cases. Justices vote to decide each case, majority wins.

 Unanimous – all nine justices agree on the decision (Brown v. Board) 9 – 0  Majority – one justice on the “winning” side writes to express their opinion  Concurring – one or more justices agree with the majority opinion but for a different reason  Dissenting – one justice on the “losing side” writes to express their opinion

 Look at the Amendments to the Constitution starting on p. 789  Write down all of the Amendments that protect the rights of someone who has been accused of a crime.  DUE PROCESS- no level of government may deprive an individual of their right to life, liberty, or property without first going through the proper legal procedures.