Institutions Unit IVD Judicial Branch

American Legal System Criminal Law Cases Criminal Law Cases An individual violating a specific law An individual violating a specific law Misdemeanor – less serious crime; less than 1 year incarceration; fines Misdemeanor – less serious crime; less than 1 year incarceration; fines Felony – more serious crime; more than 1 year incarceration Felony – more serious crime; more than 1 year incarceration Varying degrees of crimes based on intent Varying degrees of crimes based on intent Civil Law Cases Civil Law Cases Involving a perceived violation of civil rights or legal relationships Involving a perceived violation of civil rights or legal relationships Lawsuits Lawsuits Class action involves a one or a few representing many affected Class action involves a one or a few representing many affected Basic Structure of a Court Basic Structure of a Court Litigants Litigants Plaintiff – brings up charges, sues Plaintiff – brings up charges, sues Defendant/respondent – answering charges Defendant/respondent – answering charges Lawyers Lawyers Prosecution – government lawyers arguing for the charges Prosecution – government lawyers arguing for the charges Public defenders – government-paid lawyers for criminally charges individuals Public defenders – government-paid lawyers for criminally charges individuals Jury Jury Trial by jury; one may request a bench trial or trial by jury Trial by jury; one may request a bench trial or trial by jury Judge Judge Presides over the case; rules on objections; final ruling; passes sentence Presides over the case; rules on objections; final ruling; passes sentence Public Public Audience members, interest groups, relations to litigants Audience members, interest groups, relations to litigants

Constitutional Structure Article III establishes the judicial branch Article III establishes the judicial branch Supreme Court Supreme Court Congress established lower federal courts Congress established lower federal courts Judiciary Act of 1789 Judiciary Act of 1789 Also set number of SC justices, position of chief justice Also set number of SC justices, position of chief justice Constitutional Courts Constitutional Courts District Courts (original jurisdiction) District Courts (original jurisdiction) Court of Appeals (appellate jurisdiction) Court of Appeals (appellate jurisdiction) Legislative Courts Legislative Courts Agency reviews (taxes, trade, bankruptcy) Agency reviews (taxes, trade, bankruptcy) Not subject to Article III parameters Not subject to Article III parameters

Court of Appeals

Jurisdiction Original Jurisdiction Original Jurisdiction Court is the first to hear the case Court is the first to hear the case Appellate Jurisdiction Appellate Jurisdiction Reviewed by a higher/alternate court Reviewed by a higher/alternate court Supreme Court’s Jurisdiction Supreme Court’s Jurisdiction Original jurisdiction involving cases with ambassadors, foreign ministers, consuls, state is a party Original jurisdiction involving cases with ambassadors, foreign ministers, consuls, state is a party Appellate jurisdiction in all other cases Appellate jurisdiction in all other cases From federal district or appeals courts, or state supreme courts involving federal law or Constitution From federal district or appeals courts, or state supreme courts involving federal law or Constitution Concurrent Jurisdiction Concurrent Jurisdiction Cases may be tried in state or federal courts Cases may be tried in state or federal courts

Dual Court System Federal Court System Federal Court System Federal-Question cases Federal-Question cases Arising under the Constitution, the law of the U.S., and treaties Arising under the Constitution, the law of the U.S., and treaties Diversity cases Diversity cases Involving citizens of different states Involving citizens of different states State Court Systems State Court Systems Circuit court system with original and appellate jurisdiction courts Circuit court system with original and appellate jurisdiction courts State supreme court decisions final law in respective state State supreme court decisions final law in respective state May be appealed to Supreme Court if a constitutional question May be appealed to Supreme Court if a constitutional question

Federal Judges Serve “during good behavior” – Article III Serve “during good behavior” – Article III Life terms Life terms Appointment Appointment Not elected, not subject to political pressures Not elected, not subject to political pressures President appoints with advice and consent from the Senate President appoints with advice and consent from the Senate Senatorial courtesy Senatorial courtesy

Choosing a Supreme Court Justice Appointing a SC justice has become a political decision Appointing a SC justice has become a political decision Party Affiliation Party Affiliation Political Ideology Political Ideology Litmus Test – asking questions about stance on major issues, i.e. abortion Litmus Test – asking questions about stance on major issues, i.e. abortion Race, Gender, Religion, Region Race, Gender, Religion, Region Judicial and Legal Experience and Record Judicial and Legal Experience and Record Political Acceptability Political Acceptability Influence by legal organizations (ABA), interest groups, senators, other justices Influence by legal organizations (ABA), interest groups, senators, other justices

Checking and Balancing Judges Adversarial System Adversarial System Issue between two parties settled by an impartial judge or jury Issue between two parties settled by an impartial judge or jury Justiciable Dispute Justiciable Dispute Based on an actual situation and not a hypothetical test Based on an actual situation and not a hypothetical test Political Questions Political Questions Disputes between Congress and the President or a matter left to a branch of government Disputes between Congress and the President or a matter left to a branch of government Appointments Appointments President appoints with Senate approval President appoints with Senate approval Impeachment Impeachment House of Representatives may impeach a federal judge and the Senate tries House of Representatives may impeach a federal judge and the Senate tries Structure of the Courts Structure of the Courts Congress may alter the number of district or appellate courts, number of SC justices Congress may alter the number of district or appellate courts, number of SC justices Amendments Amendments Overrule a federal court decision by amending the Constitution or bounding the courts to the supreme law of the land Overrule a federal court decision by amending the Constitution or bounding the courts to the supreme law of the land

The Supreme Court Currently made of 9 justices, including a Chief Justice and 8 associate justices Congress determines the number of justices

The Supreme Court Accepting Cases Very few cases are reviewed by the SC Very few cases are reviewed by the SC Rule of Four Rule of Four Four of the nine justices must agree to hear/review a case Four of the nine justices must agree to hear/review a case Original Jurisdiction Original Jurisdiction Cases involving ambassadors, foreign ministers, consuls, or state a party Cases involving ambassadors, foreign ministers, consuls, or state a party Writ of Certiorari Writ of Certiorari SC directs lower court to provide all records regarding a case when petitioned for review SC directs lower court to provide all records regarding a case when petitioned for review

The Supreme Court Reviewing and Hearing a Case Written briefs are provided by both parties to the SC justices before the hearing Written briefs are provided by both parties to the SC justices before the hearing Cites legal arguments, legal precedents, previous court decisions Cites legal arguments, legal precedents, previous court decisions Amicus curiae (friend of the court) Amicus curiae (friend of the court) Those with an interest in the case providing an additional point of view Those with an interest in the case providing an additional point of view Used by interest groups Used by interest groups Oral Arguments Oral Arguments 30 minutes for each party counsel 30 minutes for each party counsel Justices may ask questions during oral arguments Justices may ask questions during oral arguments

The Supreme Court Deciding a Case Conferences Conferences Justices discuss the case on Wednesday afternoons and Fridays Justices discuss the case on Wednesday afternoons and Fridays Writing Opinions Writing Opinions Majority opinion Majority opinion The official opinion of the court, the supreme ruling The official opinion of the court, the supreme ruling Outlined by legal reasons Outlined by legal reasons Dissenting opinion Dissenting opinion Justices who disagree with the majority opinion write a dissent outlined by legal reasons Justices who disagree with the majority opinion write a dissent outlined by legal reasons Concurring opinion Concurring opinion If a justice concurs with the majority but disagrees with the legal reasons If a justice concurs with the majority but disagrees with the legal reasons Stare Decisis Stare Decisis Stand by precedent Stand by precedent Statutory Construction Statutory Construction Court’s interpretation of a statute’s/law’s intent Court’s interpretation of a statute’s/law’s intent Remand Remand Order a lower court to retry a case Order a lower court to retry a case

The Supreme Court Policymaking and Philosophy Judicial Restraint Judicial Restraint Limit the initiative on social and political questions Limit the initiative on social and political questions Passive on policymaking Passive on policymaking Strict interpretation of the Constitution Strict interpretation of the Constitution “The Constitution is not an empty bottle…it is like a statue, and the meaning doesn’t change.” – Antonin Scalia “The Constitution is not an empty bottle…it is like a statue, and the meaning doesn’t change.” – Antonin Scalia Judicial Activism Judicial Activism Active role in society and politics Active role in society and politics Judicial intervention Judicial intervention Loose interpretation of the Constitution Loose interpretation of the Constitution “We are under a Constitution, but the Constitution is what the judges say it is.” – Charles Evans Hughes “We are under a Constitution, but the Constitution is what the judges say it is.” – Charles Evans Hughes

Supreme Court History Marshall Court (early 19 th century) Marshall Court (early 19 th century) Marbury v. Madison – judicial review; constitutionality of laws and policies Marbury v. Madison – judicial review; constitutionality of laws and policies Pro-Federalist decisions Pro-Federalist decisions Taney Court (mid 19 th century) Taney Court (mid 19 th century) Scott v. Sanford (Dred Scott decision) Scott v. Sanford (Dred Scott decision) Pro-Democratic decisions Pro-Democratic decisions New Deal (1930s) New Deal (1930s) FDR’s court-packing to save New Deal policies from conservative rulings FDR’s court-packing to save New Deal policies from conservative rulings Warren Court (1950s-1960s) Warren Court (1950s-1960s) Active in civil rights and civil liberties decisions; “most liberal court ever” Active in civil rights and civil liberties decisions; “most liberal court ever” Brown v. Board of Education, Miranda v. Arizona Brown v. Board of Education, Miranda v. Arizona Burger Court (late 1960s- early 1980s) Burger Court (late 1960s- early 1980s) More conservative regarding rights of defendants More conservative regarding rights of defendants Roe v. Wade, Regents of UC v. Bakke Roe v. Wade, Regents of UC v. Bakke Rehnquist and Roberts Courts (late 1980s-2010s) Rehnquist and Roberts Courts (late 1980s-2010s) Continues the conservative ideology Continues the conservative ideology McDonald v. Chicago, Citizens United v. FEC McDonald v. Chicago, Citizens United v. FEC