Article III of the US Constitution The Judicial Branch Article III of the US Constitution

US Court System : 2court system State courts: Jurisdiction over state laws Federal courts: Jurisdiction over: US Laws Foreign treaties Interpretation of the Constitution Concurrent Jurisdiction: Shared by the state & federal courts Involved in disputes between citizens of different states

Federal Courts Supreme Court Federal Circuit Courts (part of the Federal Appellate Courts) Federal District Courts

Supreme Court Justices Requirements: Appointed by the president Approved by the Senate Appointed for LIFE No formal written qualifications 9 judges Removed from office by impeachment: Treason Bribery High crimes & misdemeanors

Supreme Court Justices The Justices are always seated by seniority; as the newest justice Gorsuch, stands in the back row to Chief Justice John Roberts farthest left. From left in front: Justice Ruth Bader Ginsberg Justice Anthony Kennedy Justice John Roberts Justice Clarence Thomas Justice Stephen Breyer Standing from left: Justice Elena Kagan Justice Samuel Alito Justice Sonya Sotamayor Associate Justice Neil Gorsuch Gorsuch Alito Sotomayor Kagan Ginsberg Kennedy Roberts Thomas Breyer

HUGH P. THOMPSON, Chief Justice P HUGH P. THOMPSON, Chief Justice P. HARRIS HINES, Presiding Justice ROBERT BENHAM, Justice CAROL W. HUNSTEIN, Justice HAROLD D. MELTON, Justice DAVID E. NAHMIAS, Justice KEITH R. BLACKWELL, Justice Georgia Supreme Court http://www.gasupreme.us/sc-op/opinion_lists/2015_opinions.php#0120

Supreme Court Jurisdiction Appellate Jurisdiction Court of appeals Original Jurisdiction: Representatives of foreign governments Representing a state as a party in the case

How cases reach the court? 1. Referred cases of appeals from lower courts 2. Writ of Certiorari petition that a lower court decision involved an error raising a serious constitutional issue Usually will hear cases if decision will make a difference; If a plaintiff has suffered real harm, or cases that involve a federal question They avoid political issues Writ of Certiorari – petition that a lower court’s decision involved an error raising a serious constitutional issue

How are major cases decided? Brief: details legal arguments, facts, precedents Stare decisis : judges are required to respect the precedent est. by a prior court Amicus curiae: “friend of the court” Oral arguments by lawyers; justices question Justices vote Justices issue opinions Amicus curiae – friend of the court – briefs they come form indivdual, interest groups, or government agencies claiming to have info useful to the Court’s consideration of the case

How are major cases decided? Opinions: Unanimous opinion Majority opinion Concurring opinion Dissenting / minority opinion Per curiam opinion (“by the court”) Opinions are based on law, not personal opinions Majority opinion – presents view of justices who supported a decision Concurring opinion – supports the majority decision but offers different reasons for reaching that deicison (yes, but let me explain why…) Dissenting / minority opinion – disagrees with the majority, but often indicates important point of view Per curiam opinion “by the court” – a majority opinion that is anonymous (no names)

Court Decisions Decisions are based on : Judicial review Interpreting laws Overruling or reversing previous decisions Example: Plessy v. Ferguson, 1896, “separate but equal” Brown v. Board of Education,1954, ends segregation in public school

Checks & Balances Can declare laws of Congress & acts of the President unconstitutional Marbury v. Madison 1803 Gave the Court power to review acts of Congress (Judicial Review)

Checks and Balance Marbury v Madison 1803 Established the precedent of judicial review Chief Justice John Marshall ( 4th) His decisions helped establish the SC as a coequal branch Judicial review: Marbury v Madison Modified

Criminal Cases Two types of juries: Court of Appeals: Grand jury: examines evidence and accusations; decides if formal charges may be brought Trial jury: weighs the evidence presented at trial Court of Appeals: May decide to: uphold the original decision Reverse the decision Send the case back to be trial again

General Criminal Trial Terms Miranda Rights Indictment Bail Capital punishment Double jeopardy Plea agreement What did you learn from Ice T?? Indictment – formal accustation charging a person with a crime