Chapter 10: The Judicial Branch

Journal Assignment Read Judicial Review & Marbury v. Madison, pp. 251-253 and comment Due Friday

Interpreting the Law Primary function of courts in general and Supreme Court in particular Mechanical jurisprudence—the view of judging Laws often ambiguous

Legal Interpretation Judges base decisions on precedents, laws Explain interpretations by invoking generally accepted legal standards or yardsticks Can sometimes explain decisions by the literal meaning of the words of text in question

Legal Interpretation May refer to intent of the framers Previous court cases/precedents May base decisions on social or political needs **All enhance the credibility of decisions

Structure & Jurisdiction Dual Court System There are 50 state court systems One federal court system

State Courts Lower courts include municipal courts, police courts, justices of the peace, and/or district magistrates. The lowest courts in the state judicial hierarchy have limited jurisdiction in both civil & criminal cases.

State Courts Trial courts with general jurisdiction Most cases of a relatively serious nature start here

State Courts Intermediate appellate courts Trial court decisions can be appealed here

State Courts Sate Supreme Court or Court of Appeals --This court occupies the top position in the state judiciary

Federal Courts Three-level Pyramid

Federal Courts The United States district courts are at the bottom of the triangle. The United States court of Appeals are the middle. The United States Supreme Court is at the top

Court Jurisdiction A case that is heard on original jurisdiction originates or starts in that court. It has not previously been heard in a lower court. A case heard on appellate jurisdiction has already been heard elsewhere, and it is now being heard on appeal.

Jurisdiction Federal courts have jurisdiction over cases involving federal parties (example: ambassadors, leaders, etc) or federal questions (examples: federal laws or treaties, interpretation of constitutional law)

US Constitution Constitutional Courts—judges enjoy lifetime tenure; Article III Legislative courts---Article I, Provide advisory opinions and perform other functions assigned to them by Congress

Supreme Court Only court explicitly outlined in Constitution Membership fixed by Congress Since 1869 the Court has had 9 members, including a chief justice and eight associate justices 6 members are needed for quorum

Supreme Court President nominates Lifetime appointment

Supreme Court Chooses cases—no independent data, relies on briefs Oral arguments heard over seven 2-week sessions Conference Days—Private meetings/deliberation

Supreme Court Process At meeting, they speak in descending order of seniority. Take tentative vote in ascending order of seniority Assign opinion writing—drafted and circulated to fellow justices for comment

Majority Opinion Concurring Opinion—Can be authored by a justice who agrees with the outcome of a case but for different reasons; may go on record with own opinion; can influence future opinions; can lessen impact of majority opinon

Majority Opinion 2) Dissenting Opinion---minority opinions; written by justices who dissent; may influence future decisions; can undermine majority opinion

Majority Opinion Unanimous Opinion---Most legitimate and powerful **On opinion day, tied in with oral argument days, the Court announces its decisions***