The Organization and Structure of the Judicial Branch As you read and highlight the excerpt from The Majesty of the Law, Look for the following concepts: Judiciary Act 1789 (content and effects) State Courts vs. Federal Courts (structure, function and jurisdiction) How does this structure represent the structure of the state and federal court system?

Now, let’s look at the federal judicial system from the ground up

What did the Judiciary Act of 1789 create?

The Judicial System is made up of local, state, and federal courts that decide cases. Courts decide two types of cases – 1. Criminal – 2. Civil

Who participates in the Judicial System? Plaintiff Defendant

Who participates in the Judicial System? JudgeJury

The structure of the Federal Judicial System: Supreme Court Circuit Court of Appeals District Court FEDERAL COURTS

What do you know about Federal District Courts? Trial Courts where almost all federal cases begin (original jurisdiction) 94 district courts – At least 1 in each state Appointed by President, confirmed by Senate

What do you know about the U.S. Circuit Courts of Appeal? Appellate jurisdiction Reviews decision of district court with panel of 3 judges – Can reverse decision, let it stand or remand for new trial 13 circuit court of appeals

Which appeals circuit is Arizona in?

What do you know about the Supreme Court of the United States? “Court of Last Resort” 9 Justices; ~100 cases/yr Original Jurisdiction – Cases with ambassadors, fights between states Appellate Jurisdiction – 99% of cases reviewed from Ct. of Appeals or State Supreme Courts

Bell work- Discuss with a partner How is the federal judicial branch structured? Explain the different levels. How can a case get to the US Supreme Court? Discuss the various ways.

Precedent is a decision made by a higher court such as the circuit court of appeals or the Supreme Court that is binding on all federal courts.

Stare Decisis means to “let the decision stand.” It is the Judicial policy of following precedent established by past decisions. Body of precedent is called “common law” Let the decision stand unless there is a compelling reason to change USSC can reverse a previous decision it no longer wishes to follow

What does the Supreme Court do? What does the Court NOT do? The Supreme Court decides what is constitutional (remember judicial review?) The Court does NOT decide the guilt or innocence of the parties involved.

How did the Supreme Court get the power of judicial review?

Figure 16.4 Once a case CAN be seen by the Court, there is no guarantee the Court will actually review it with a hearing.

A “Writ of Certiorari” is a formal petition used to bring a case before the Supreme Court.

The “Rule of Four” states that at least 4 of the 9 Justices is required to grant a writ of certiorari.

The “Docket” is the list of potential cases that reach the Supreme Court.

How are decisions made on the US Supreme Court? Four Types of Decisions (a.k.a. opinions): Unanimous Majority Dissenting Concurring

How do Justices get to the US Supreme Court (literally and figuratively) and how long can they serve? What are the constitutional qualifications? Should there be? What do you think their resume should include? LIFE TERM, as long as…

Our Supreme Court Justices

The Politics of Appointing Federal Judges Nominating judges who are political and ideological allies Having every state represented on some court President Washington set precedent by… President, White House Staff, candidates for appointment Consult with American Bar Association, Dep. Of Justice, Senators, party leaders, interest groups Who helps the President make appointments? Senatorial Courtesy- not observed for USSC “Advice and Consent” The Senate’s Role

When is the Supreme Court in session? Supreme Court’s term October - June Recess June - September

What is the relationship between the Federal Courts and Congress? What is the relationship between the Federal Courts and the Executive Branch?

Who else can influence the Judicial Branch? Interest Groups! How do Interest Groups influence the courts? Amicus Curiae (“Friends of the Court”) briefs

An “Amicus Curiae brief” is filed by an individual or organization to present arguments in addition to those presented by the immediate parties to the case.