The Judicial Branch

Federal Court Structure U.S. Supreme Court U.S. Courts of Appeal U.S. District Courts

Jurisdiction Jurisdiction is the ability of a court to hear a case. Original Jurisdiction is the ability of a court to hear a case first hand—trial courts. Appellate Jurisdiction is the ability of a court to review a lower court’s decision. Discretionary Jurisdiction is the ability of a court to choose its cases.

Civil vs. Criminal Civil cases deal with a dispute where no law has been broken. Criminal cases deal with someone accused of violating the law

Legislative vs. Constitutional Courts Constitutional Courts-have broad jurisdictions- ex-Supreme Court, District Courts, Courts of Appeal -judges/justices serve life term-appt. by Pres/approved by Senate

Legislative vs. Constitutional Court Legislative Courts were created to hear specific cases, they have a very narrow jurisdiction ex-U.S. Tax Court, Military Court of Appeals -judges serve term of office, also appt. by Pres/approved by Senate

U.S. Supreme Court Jurisdiction- mainly appellate- from federal courts, also from state supreme courts -also has original jurisdiction if a state is involved in the case or an ambassador or foreign minister

Justices The number of SC Justices is set by Congress. They are all appt. by the Pres & approved by the Senate and serve for life. Things the Pres. considers- ideology, race/sex, experience, getting Senate approval. Interest groups involved in confirmation process.

How a case gets to the Supreme Court Writ of Certiorari Rule of 4 Appeal

Why the SC takes a case?? -The case is about a Constitutional issue. -To settle a disagreement between the U.S. Courts of Appeal -Because it’s an issue Justices are interested in -Because the Solicitor General recommends it

Solicitor General The Solicitor General is often called the 10 th Justice. He’s the attorney for the U.S. if the country is involved in a case before the SC. He advises the court on cases he thinks they should accept.

Opinions of the Court When the Court hears a case, they usually schedule oral arguments & each side gets 30 min. to argue their case. The Justices may interrupt with questions. It’s up to the Chief Justice to call for a vote & when they do, if he’s in the majority, he usually writes the majority opinion.

Opinions of the Court Majority Opinion- what the case was about, who won & WHY!!! Concurring Opinion- written by a Justice that agrees with the majority for a different reason. Dissenting Opinion- written by a Justice in the minority about why the Court was wrong.

Funky Latin Terms Stare Decisis- when the Court agrees with an earlier opinion—ex- the Court hasn’t overturned Roe V. Wade. Per Curium Decision- when the Court announces the decision in a case without explanation—no why, so not useful to lower courts. Amicus Curiae Brief- information given to the Court by a group not directly involved in the case.

More Terms Certiorari – an extraordinary writ issued by an appellate court, at its discretion, directing a lower court to deliver the record case for review, SC uses to review most of the cases that it decides to hear Precedent – making of law by a court in recognizing and applying new rules while administering justice –or- a decided case that furnishes a basis for determining later cases involving similar facts or issues

More Terms Petitioner – a party who presents a petition to a court or other official body, especially when seeking relief on appeal Syllabus – an abstract or outline of a topic or course of study

Judicial activism vs. restraint Judicial Activism-when the Court takes an active role in making policy or when they interpret the Const. according to the times—ex- Dred Scott Case Judicial Restraint- the Court defers to elected officials in policy decisions

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