How should we handle conflict? The Judicial Branch How should we handle conflict?

How to stop undue influence? Article III Bill of Rights (4th, 5th, 6th, 7th, 8th amendments)

Federal Courts Constitutional Courts Formed under Article III Includes district courts, courts of appeals, and the US Court of International Trade. Also called the regular courts Special Courts Do not have the broad “judicial powers of the United States” Have a much narrower focus on cases Also called legislative courts or Article I courts.

Dual Court System Federal and State Courts Federal court system spans the country with over 100 courts State court system has thousands of courts (most cases heard here) Jurisdiction is the courts authority to hear a cases Subject Matter Federal courts may hear a case if it involves a “federal question” ie federal law, treaty, Constitutional issue Parties Involved Does the case involve the United States, an ambassador, state v. state, citizen v. state

Jurisdiction Exclusive Cases that can only be heard in federal cases, but not state. And vice versa. Concurrent Cases that can be tried in either federal or State court. Original When the case is first heard or the case of first instance Appellate A case that is heard on appeal from a lower court

Federal Judges President nominates, Senate confirms. –Article II, Section 2, Clause 2 Most come from the following backgrounds: attorney, legal scholar, law professor, former member of congress, and State court judges. Judges of constitutional courts are appointed for life Judges of special courts have terms of 8-15 years.

Judicial Philosophy Judicial Restraint Judges should decide based on original intent of framers and precedent Precedent is a judicial decision that serves as a guide for settling later cases of a similar nature Judicial Activism Judges should interpret the Constitution and state law in light of the ongoing changes in society

The Supreme Court Marbury v. Madison Judicial Review Jurisdiction Original (1 or 2 per term) 2 or more states Cases brought against public ministers or ambassador Appellate (writ of certiorari) Most cases are heard this way 8,000 appealed and a few hundred accepted

Supreme Court at Work Schedule (Teacher Time) The term starts on the first Monday in October, and goes into the early summer of the next calendar year. Path of a case View cases and deliberate on which to accept (4 must agree) Solicitor General helps with this Hear oral arguments Read written briefs (lawyers, friend of the court) Meet in conference Announce a decision and give opinions

Opinions of the Court Majority Opinion Concurring Opinion The official ‘Opinion of the Court.’ Sets out facts of the case, issue presented, precedent, and reasons for decision Concurring Opinion Agrees with the majority opinion, but for different reasons Dissenting Opinion Disagrees with majority Do not become precedent Establishing precedent “Let the decision stand” Future similar cases are expected to follow the same decision

Who is on the Court today? John G. Roberts-Chief Justice Anthony M. Kennedy- Associate Justice Clarence Thomas- Associate Justice Ruth Bader Ginsburg- Associate Justice Stephen G. Breyer- Associate Justice Samuel A. Alito- Associate Justice Sonia Sotomayor- Associate Justice Elena Kagan- Associate Justice Neil Gorsuch- Associate Justice

The Inferior Courts Any court below the Supreme Court created by congress through the power of the Judiciary Act of 1789 District Courts Federal Court of Appeals Special Courts

Federal District Courts Handles 80% of the federal caseload (350,000 cases a year) Criminal Case Tried for committing a federal crime as declared by congress Danger to society Civil Case Involves noncriminal matter Not a danger to society, but plaintiff is seeking money from the defendant Decisions are Final (for the most part)

Court of Appeals Congress created the courts of appeals in 1891 to ease the burden on the Supreme Court. Less than 1% of their decisions reach the Supreme Court There are 13 courts of appeals today. The nation is divided into 12 circuits, each with its own court of appeals. Each court of appeals hears cases on appeal from one of the district courts within its circuit. The 13th has nationwide jurisdiction

Special Courts Military Courts Veteran Claims Court of Federal Claims Territorial Courts District of Columbia Courts Tax Court