The Judicial Branch

Legal Conflicts

Criminal vs. Civil Conflict CRIMINAL: legal measures passed by a legislative body to protect the welfare of society and provide punishments for those who fail to comply. Could be punished with: Prison, fines, probation or similar penalties BURDEN OF PROOF: Must be found guilty BEYOND A REASONABLE DOUBT CIVIL: legal measures between a private party and a private party and the government One party suing another for DAMAGES BURDEN OF PROOF Must only find a PREPONDERANCE OF EVIDENCE

Dual Court System

Judiciary Act 1789 Created a dual court system Set up alongside already present state courts Jurisdiction is limited by three factors Court hierarchy Geographic reach Type of case

JURISDICTION JURISDICTION: The court who hears the case. Cases heard by the Judicial Branch deal with National Issues. TYPES: ORIGINAL- the first to hear a case APPELLATE- hears cases that have already been decided and the losing party wants another chance to prove their point. EXCLUSIVE – the only court that can hear the case. CONCURRENT – the case is heard at the state level first and then at the national level.

The Judicial Branch Jurisdiction – The Authority to hear and decide a case. Federal Jurisdiction extends across 9 categories. 1. The Constitution- If you feel your constitutional rights have been violated, you have a right to have that heard in a federal court. 2. Federal Laws- Federal courts try people accused of committing federal crimes. 3. Disputes Between States- Disagreements between states are resolved by federal courts. 4. Citizen from Different States- lawsuits between citizens of different states are heard in federal courts.

The Judicial Branch Jurisdiction – The Authority to hear and decide a case. Federal Jurisdiction extends across 8 categories. 5. The Federal Government- All suits brought against the Federal Government are tried in Federal Courts. 6. Foreign Governments- Disputes between foreign governments and the U.S. are tried in federal courts. 7. Maritime Laws- Cases involving crimes and accidents outside U.S. waters. 8. U.S. Diplomats- All cases involving U.S. diplomats are tried in Federal Courts.

The Organization of the Judicial Branch

The Judicial Branch 3 Levels of Federal Courts 1- The U.S. Supreme Court 2- The U.S. Courts of Appeals (Circuit Courts) 3- The U.S. District Court Their Objective- to settle civil and criminal disputes by making sure that the law is applied equally and justly in all cases.

The 94 District Courts The lower courts of the Judicial Branch 50 States / 89 federal judicial districts + 1 federal judicial district for D.C. Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands = 94 Federal District Courts

Structure U.S District Courts CHARACTERISTICS Every state has at least one Has Original Jurisdiction- hears case for the 1st time Has witnesses testify and juries to decide ***Judges & Juries Serve Decision Type Guilty or Not Guilty. Responsible for determining facts of the case and present a verdict of guilt

Structure U.S. Court of Appeals CHARACTERISTICS Appellate jurisdiction – reviews decisions of lower courts. Determines if the judge followed the procedures or if new evidence presented ***Judges Only Decision Type Uphold or Reverse lower courts decision or send case back down to be tried again

Structure U.S. Supreme Court CHARACTERISTICS Highest court in the land 8 Associate Judges + 1 Chief Justice (5 votes to win) Judicial Review- review federal, state, and local laws to see if they are constitutional ***Judges Only Decision Type Constitutional or Unconstitutional

Structure U.S. Supreme Court CHARACTERISTICS Only hears certain cases that involves a significant question. Mostly if it involves the Bill of Rights, other amendments, or Governmental power Chooses cases that involve legal, not political issues that can effect the entire nation

Supreme Court Steps in Decision Making 1. Written Arguments: hear written arguments from each side

U.S. SUPREME COURT Must be Appointed by the President -Confirmed by the U.S. Senate Lifetime Appointments Hear Constitutional Cases. Cases must have gone through the Inferior Courts. Majority Vote needed to win. (5)

Supreme Court Justices Supreme Court Justices can retire: At age 70 Must have served 10 years to receive full salary for life At age 65 Must have served 15 years to receive full salary for life Current (2009) salary for the Chief Justice is $217,400 per year, while the Associate Justices each make $208,100 Chief Justice $217,400 per year Associate Justices $208,100

Maintain their neutrality Appointed for a life term …rationale? Maintain their neutrality Protect the rights of people to express unpopular views Promote consistent interpretations of laws

Supreme Court Justices Vary in their political and legal philosophies... Judicial Activism Loosely interpret and apply the Constitution based on ongoing changes and values. Judicial Restraint Follow a strict interpretation of the Constitution Believe judges should also follow precedent

Supreme Court Cont. Convenes: When: The first Monday in October Length of session: Approximately 9 Months Hear Cases: Monday through Thursday Decisions: Announced the following Monday Justices: Who: Judges on the Supreme Court Term: Life or until reassignment Appointment: Nominated by the President, Confirmed by Senate Number: 9 Justices 1 Chief Justice 8 Assistant Justices

SUPREME COURT CONT. OPINIONS OF THE COURT: RULINGS ARE FINAL: Majority Opinion – 5 out of 9 Justices Concurring Opinion – This is written by Justice(s) who agree with the ruling. Dissenting Opinion – This is written by the Justice(s) who disagrees with the ruling. RULINGS ARE FINAL: Unless, a later Supreme Court case overturns it.

How a Case Reaches the Supreme Court

Supreme Court Steps in Decision Making 2. Oral Arguments – Lawyers present case for 30min each. Justices ask questions

Supreme Court Steps in Decision Making 3. Conference – judges get together in secret to discuss the verdict. A majority of 5 justices in needed for a final verdict

Ruling and Opinion Writing Majority Opinion – presents the winning views of the judges. - Provides facts, courts reasoning, and can create a precedent for future cases Dissenting Opinion – written argument by the minority judges who disagree with the ruling