Judicial Branch Chapter 7 Page 108

The Judicial Branch-Federal Supreme Court (final decision) US District Court (jury, trial court, 89 total) US Court of Appeals (intermediate between district and Supreme, reviews cases, 11 Judicial circuits, and DC circuit, panel of judges, no witnesses/evidence) Special Courts (US Court of Claims, US Tax Court, Military Court, Military Court of Appeals, Territorial Courts, District of Columbia Court, Court of Appeals for Veterans Affairs) All hear cases regarding all 50 states (federal jurisdiction) Judges are appointed in the Federal system

State Courts: Hears civil and criminal cases Municipal/town courts (misdemeanors, juvenile and family cases) County courts (jury trials, original jurisd.) Appeals (intermediate) courts (review lower court decisions, panel of judges) State Supreme Court (interprets state Constitution, panel of judges, final decision) Judges can be elected or appointed by the Governor, with legislative approval Hears cases related only to that state

Supreme Court of the US 9 members (8 associates, 1 chief) Called Justices Appointed by the President Approved by the Senate (holds Hearings) Life Term Removal by Impeachment No qualifications listed in the Constitution

What is a Session? Opens each session the 1st Monday in October Article III, Section 1 calls for a single high court Hears cases involving (jurisdiction) Issues with foreign governments, injunctions, disputes between citizens, maritime cases, disputes between states Only hears a certain # of cases each session that are approved by the justices…only about 1-2% of the cases that are submitted to them. About 10,000 are submitted and they hear 75-80 a session

What is a docket? To put a case on the Calendar, 4 out of 9 justices need to vote to put the case on the Docket (if case is rejected then the lower court decision stands) Because the cases the SC hears have a great impact on law and society…..so they chose carefully!!!

How are cases tried in the SC? Oral Arguments Lawyers argue their case Justices interrupt to ask questions They then meet in closed session and vote A simple majority (5/4) decides a case A SC decision can only be reversed by Amending the Constitution OR Reversing a decision made in a previous case Ex: Plessy v. Ferguson (1896) and Brown v. Board of Ed of Topeka, KS (1954)

What are Opinions? Majority Decision: written document by the majority that explains the reasons for the justices decision Concurring Opinion: opinion written by justice(s) who voted with the majority but don’t agree with the majority decision’s reasoning Dissenting Opinion: Written by Justices who disagree with the majority, or known as the minority opinion

What is Jurisdiction? Original Jurisdiction: the first to try the accused, usually jury trials Appellate Jurisdiction: higher courts, hear appeals, usually decided by a panel of judges, correct lower court errors, rules on technical aspects not guilt or innocence

What is Judicial Review? The power to declare laws unconstitutional Is a check on the President and Congress 1803 Marbury v. Madison case established Judicial Review and established the Supreme Court as the interpreter of the Supreme law of the land, the Constitution Therefore, the SC only hears cases that are a concern to the entire nation, or a Precedent

Civil vs. Criminal Law Civil cases are disputes between individuals or organizations in which compensation may be awarded to the victim (ex: accidents, property disputes) Criminal cases relate to crime. They deal with conduct that is not allowed by the law and sets a punishment to be imposed for disobeying a law (ex: theft, murder..)

Journey to the Supreme Court

Inside the Court…..

Current Members

Chief Justice John G. Roberts

Associate Justice Antonin Scalia

Associate Justice Anthony M. Kennedy

Associate Justice Clarence Thomas

Associate Justice Ruth Bader Ginsberg

Associate Justice Stephen G. Breyer

Associate Justice Samuel Alito, Jr.

Associate Justice Sonia Sotomayor

Associate Justice Elena Kagan

First Woman appointed to the Supreme Court Sandra Day O’Connor Appointed in 1981 By R. Reagan Retired in 2006

First African American appointed to the Supreme Court Thurgood Marshall Appointed in 1967 By Lyndon B Johnson Known for his victory in arguing Brown v. Board of Ed, also known for arguing the most cases before the SC in History Retired in 1991