The Judicial Branch Lecture 8 Government and Politics Mr. Chris Sandford
The Supreme Court of the United States
The Supreme Court is a neutral arena in which two sides argue their case and their points of view. The Supreme Court is a neutral arena in which two sides argue their case and their points of view. Judicial power on this level is basically passive. They are asked a question about a law or an act and listen to the arguments using the Constitution as their guide. Judicial power on this level is basically passive. They are asked a question about a law or an act and listen to the arguments using the Constitution as their guide. The courts main purpose is to evaluate the the Constitution in reference to the questions being asked. The courts main purpose is to evaluate the the Constitution in reference to the questions being asked.
How they decide To make their decision they look at several things: To make their decision they look at several things: Precedent Precedent Speeches when law(s) is passed. Speeches when law(s) is passed. Their own personal views of the constitution. Their own personal views of the constitution. STRICT STRICT LOOSE LOOSE
Jurisdiction of Federal Courts 1. Cases where questions arise concerning the Constitution, federal law, or treaties. 2. Any cases that arise concerning maritime laws. 3. Conflicts between two states. 4. The Government is a party to the case. 5. Citizens in different states. 6. Issues concerning representatives from foreign nations.
Types of laws Statutory Law Statutory Law Laws created by a legislative Body. Laws created by a legislative Body. Common Law Common Law Law created from previous cases by a judge. Law created from previous cases by a judge. Equity Law Equity Law Law created by the courts to provide equity to the people involved in the issue. Law created by the courts to provide equity to the people involved in the issue. Constitutional Law Laws created by the SC after interpretation the Constitution. Maritime Laws Laws governing water. Administrative law Law setting the boundaries and responsibility of a particular agency.
Types of laws Criminal Law Criminal Law Law creating an activity illegal for the public good. Jail time possible. Law creating an activity illegal for the public good. Jail time possible. Civil Law Law that governs the relationship of individuals. Judge Judy.
Federal Court Districts
Conformation Process The President choose a judicial nominee from a list created by the American bar Association and the Judicial branch. That choice is sent to the Senate where they vote on him/her. This process can often be controversial, such as Clarence Thomas. If confirmed, they take their seat in their respective chair.
How it Works Over 8,000 cases are sent to the Supreme Court, they only hear roughly about 100 of these. Over 8,000 cases are sent to the Supreme Court, they only hear roughly about 100 of these. To decide which cases to take two things are looked at: To decide which cases to take two things are looked at: Cases significance Cases significance 4 justices want to review 4 justices want to review Chief justice of the Supreme Court often wields a lot power in choosing cases.
Before a case is heard, each side must supply a brief. Before a case is heard, each side must supply a brief. In addition, the courts can accept amici curiae briefs - “friends of the court”. In addition, the courts can accept amici curiae briefs - “friends of the court”. Most of these briefs are submitted by government agencies or groups that will be impacted by the decision. Most of these briefs are submitted by government agencies or groups that will be impacted by the decision. On a scheduled day - each side will give oral arguments. Each side only has 30 minutes and questions can be asked at any time. Justices meet and discuss the case - they eventually vote. One side writes majority opinion - one side the minority opinion.
Connecticut Supreme Court