Unit 2: Your Day in Court is Coming STANDARD 16 A, C ,D Chapter 14: The Courts American Government

GPS Standards SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary. a. Explain the jurisdiction of the Supreme Court, federal courts and the state courts. c. Describe how the Supreme Court decides cases. d. Compare the philosophies of judicial activism and judicial restraint.

Essential Question How has the judicial branch developed “co- equal” powers to rival the legislative and executive branches?

Organization of Courts Some Court Fundamentals Criminal Case: a court case involving a crime, or violation of public order Civil Case: a court case that involves a private dispute arising from such matters as accidents, contractual obligations, and divorce

Organization of Courts Some Court Fundamentals Most cases never go to trial Plea Bargain: a defendant’s admission of guilt in exchange for a less severe punishment Settle: parties to litigation resolve a dispute between themselves Opinion: explanation justifying a judge’s ruling

Organization of Courts Some Court Fundamentals Federal court organization U.S. District Court: a court within the lowest tier of the three-tiered federal court system; a court where litigation begins U.S. Court of Appeals: a court within the second tier of the three-tiered federal court system, to which the decisions of the district courts ad federal agencies may be appealed for review The Supreme Court: highest court

Organization of Courts The U.S. District Courts Sources of litigation Federal criminal cases, as defined by national law Civil cases brought by individuals, groups or the government, alleging violation of national law Civil cases brought against the national government Civil cases between citizens of different states when the amount in controversy exceeds $75,000

Organization of Courts The U.S. Court of Appeals Appellate Court Proceedings Based strictly on rulings made and procedures followed in trial court Usually convene in panels of 3 judges

Organization of Courts The U.S. Court of Appeals Uniformity of Law Court of appeals harmonize decisions within their regions

The Federal and State Court Systems, 2004-2005

The Supreme Court John Roberts The Supreme Court’s task: providing equal justice under law while making justice the guardian of liberty John Roberts

The Supreme Court Access to the Court Sources of Supreme Court cases Original Jurisdiction: the authority of a court to hear case before any other court does Appellate Jurisdiction: is the authority of a court to hear cases that have been tried, decided, or reexamined in other courts

The Supreme Court Access to the Court Appellate litigation must satisfy two conditions Case must have reached the end of the line in the state court system Case must raise a federal question: an issue covered by the U.S. Constitution, national laws or U.S. treaties

Access to and Decision Making in the U.S. Supreme Court

The Supreme Court Decision Making Attorneys submit briefs; oral arguments may be heard conferences: chief justice presents cases and his vote, others discuss and vote

The Supreme Court Decision Making Judicial Restraint and Judicial Activism Judicial Restraint: a judicial philosophy whereby judges adhere closely to statutes and precedents in reaching their decision Judicial Activism: a judicial philosophy whereby judges interpret existing laws and precedents loosely and interject their own values in court decisions

The Supreme Court Decision Making Judgment and Argument Judgment: the judicial decision in a court case Argument: the heart of a judicial opinion; its logical content separated from facts, rhetoric and procedure Opinions may be unanimous

The Supreme Court Decision Making The Opinion Chief justice or most senior justice in the majority writes or assigns the majority opinion Opinion writing is the justices’ most critical function Opinion drafts are circulated and rewritten to accommodate colleagues

The Supreme Court The Chief Justice Important functions Forms docket Directs Court’s conferences Can be a social leader Can embody intellectual leadership

Judicial Recruitment The Appointment of Federal Judges Federal judges hold their commission for life

Judicial Recruitment The Appointment of Federal Judges The “Advice and Consent” of the Senate Senate Judiciary Committee: conducts hearing for each judicial nominee

Diversity on the Federal Courts