Judicial Branch #1 The Federal Court System

Dual Court System State Courts: have jurisdiction over the majority of cases Federal Courts: have jurisdiction in certain areas

Standing to Sue There must be a real controversy between adversaries. Personal harm must be demonstrated. Grand Juries will decide if there is enough evidence to go to trial (indictment) –Plaintiff –Defendant

Article III – Federal Courts No formal qualifications Serve on “ good behavior ”– life terms –Appointed by the –Confirmed by the –Can be impeached & removed Congress determines size & structure of federal courts

Selecting Judges Presidents seek judicial appointees who share their political ideologies. –R president picks conservative judge by looking at previous rulings –May use “litmus test” on issues such as abortion

Selecting Judges Party background has a strong effect on judicial behavior. –Can judges ever be neutral? Senatorial Courtesy : Senators from state where judge is needed will recommend/review Pres’ pick for lower courts

In the S Appointees face Judiciary Cmte Cmte will “interview” appointee Appointee will NOT answer direct questions on topics that may come up when they are a judge

Full Senate Give “ advice and consent ” –Do they confirm those who are qualified but have a different ideology? These votes are often filibustered ! –B/c S doesn’t want to vote on issue (they’d like to vote no – but don’t have enough votes to win) these positions often face long delays before getting job

#1, continued … Why do you think the Framers created a life term for federal judges? Why aren’t federal judges elected by the people?

Jud #2: Court Structure 1.How does one become a federal judge? 2.How long is one term as a federal judge? 3.Why is picking a federal judge one of the president’s most important jobs

Pottawatomie Independent School District v. Earls (2002) This school district adopted a policy of mandatory, suspicionless drug testing of high school students participating in any school activity. Students who refused could not participate. Lindsay Earls a member of the choir challenged this saying it violated the 4 th amendment’s prohibition against unreasonable searches & seizures. Who’s right? The school or the student?

1.District Courts: the entry point for most litigation in federal courts, trial courts Original jurisdiction – first authority to hear case 91 District Courts 3 Levels of Federal Cts

2.Circuit Court of Appeals : reviews final decisions of district courts –Appellate jurisdiction – authority to hear an appeal –12 Circuits –Makes most final decisions 3.Supreme Court: “last stop!”

We are in the 9 th Circuit

Supreme Court

9 Justices –Includes Chief Justice Judicial ReviewJudicial Review: is a law constitutional? –From what court case? Makes the final review on a case

Jurisdiction Original Jurisdiction: hear case for the 1 st time: –Foreign dignitaries (ambassador, etc) –Cases that involve 2 states Appellate Jurisdiction: hear case on an appeal (Majority of cases) –Constitutional / Federal law –Treaties –Maritime

Selecting a Case Control their docket –Rule of 4 –4 justices must decide to hear a case writ of certiorariIf they do, it’s given a writ of certiorari (an order for lower ct to send up case for their review) –Most cases will not get heard Stare Decesis: “Let the decision stand”

Which cases are heard by the SC? Major/Constitutional issue Confusion in lower courts

Deciding a Case Lawyers submit briefs: –Legal documents from both sides –Amicus curiae from IG’s SC reviews materials

Oral Arguments Oral Arguments: Each side’s lawyers present to justices publicly –Time limits –Questions & comments from the justices –Solicitor General: US lawyer in SC –Review materials already given to Court

Judicial Power Judicial Conference: justices discuss the case behind closed doors –Chief Justice presides Decision: number of people who agree –Ex: 7-2 where 7 justices say no and 2 say yes

Explanation Opinion: brief that explains the decision –Majority Opinion: explains opinion of the majority –Concurring Opinion: agrees w/majority for different reasons –Dissenting Opinion: explains opinion of the minority Decision is made public

What if you don’t like their decision? How to overturn a SC ruling: –The SC issues a new ruling – Possibly re-write law / statute to meet SC’s standards –Constitutional amendment This gives them a lot of power!!!

Is the judicial branch the strongest branch?

Buroc FRQ A.Exp 2 reasons why Cong gives federal agencies policy making discretion in executing federal laws. B.Choose 1 agency & identify policy area….AND 1 example of how it exercises policy making discretion C.Describe 2 ways in which Cong ensures they follow legislative intent