Judicial Branch Interpret the Laws

Created by the Constitution “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 establish.” Article III, Section 1 --No national courts and no national judiciary under The Articles of Confederacy --alexander Hamilton wanted a judiciary power and national court system

Dual Court System Two separate court systems in the U.S. National judiciary Spans the entire country More than 100 courts 50 states have their own systems Over thousands Most cases are heard in these courts

Two Types of Federal Courts Constitutional (Regular) courts –Article III – broad judicial power Legislative (Special) Courts – Article I – narrow range of cases

Federal Court Jurisdiction Jurisdiction = authority of a court to hear a case Article III, Section 2 determines what cases the federal courts will hear: Subject matter – involves a federal question Parties – if one of the parties involve: The U.S. or one of its officers or agencies An ambassador or official representative of gov’t One State sues another State A citizen in one State sues a citizen of another State American citizen sues a foreign government or citizen

Exclusive v. Concurrent Jurisdiction Exclusive jurisdiction – a case is tried only in the federal courts Concurrent jurisdiction – the federal and State courts share the power to hear a case

Federal Judges The President nominates, then the Senate approves the appointment for Supreme Court Judges No age, residency, or citizenship requirements for federal judges in the Constitution No Constitutional requirement for legal training Presidents usually fill positions with judges from their own political parties / views

Judicial Philosophy All federal judges make decisions in which they must interpret and apply provisions in the Constitution and acts of Congress Judicial Restraint Judicial Activism Judges should decide cases on the original intent of the Framers Precedent: a judicial decision that serves as a guide for settling later cases of a similar nature Argue that elected legislators should make laws, not judges - argue that provisions in the Constitution and in statute law should be interpreted and applied in the light of ongoing changes in conditions & values - Fundamental importance of majority rule & value of precedents

TYPES OF CASES Criminal Civil Violation of law Possible punishment Noncriminal matter Personal dispute Court “resolves” dispute

CONSTITUTIONAL COURTS: HOW CASES REACH The SUPREME COURT

THREE COURT LEVELS Supreme Court Court of Appeals District Court 1 12 circuits + 1 for D.C. District Court 94 districts 1 – 4 per state

U.S. DISTRICT COURT Original jurisdiction: a court that first hears a case Trial court Case U.S. law/Constitution Citizens of different states

U.S. DISTRICT COURT Participants Criminal case Civil Case: Witnesses Defense/Lawyer/Prosecution Civil Case: 2 parties/Lawyers Witnesses Petit jury Judge

U.S. DISTRICT COURT Results Criminal Case Civil Case Guilty or Innocent Guilty? Punishment Civil Case Party with best claim Resolution

COURT of APPEALS 13 courts of appeals Jurisdiction Appellate Reviews handling of case by District courts Regulatory agencies

COURT of APPEALS Materials Judges: 3 – 9 (majority rules) Transcript Script of trial Briefs Legal arguments of attorneys Research/precedent Oral arguments Amicus curia briefs “Friend of the court” legal arguments

Court of Appeals Rulings Sustain Overturn Approve lower court ruling Reject lower court ruling Correctible error Re-trial in original court Not correctible Case dismissed

U.S. Supreme Court Jurisdiction Reviews cases from 13 courts of appeals 50 state supreme courts Legislative courts Mainly via writ of certiorari “to be made more certain” Request to review case

U.S. SUPREME COURT Decision to Hear 4 of 9 favor Reasons National impact Inconsistencies in lower courts

U.S. SUPREME COURT Materials Used Judges: 6-9 (majority rules) Transcript Appellate court ruling(s) Briefs Research/precedent Oral arguments (30 minute limit) Amicus Curia briefs

U.S. SUPREME COURT Decision Conference Opinions Discussion = “Vote” Majority rules Opinions Written Circulated Signed

U.S. SUPREME COURT Opinions Majority/Opinion of the Court Concurring States decisions Explains reasoning Concurring Agrees with majority Dissenting/Minority Opinion Disagrees with majority Optional

Importance of Opinions U.S. SUPREME COURT Importance of Opinions Internal Justice may change vote External Explains ruling/precedent to public Signals need for legislative/executive action