The Judicial Branch The Supreme Court and other federal courts
I. Introduction to the Judicial Branch A.The Role of the Judicial Branch: Interpret the Law –The difference between what the law says and what it means is the courts responsibility –“Laws are dead letters” without interpretation
B. The Dual Court System:Federal and State Courts Responsibility Supreme Court US Federal Court of Appeals US Federal District Court PA State Supreme Court PA State Court of Appeals Superior Inferior MunicipalJustice
What is this case an example of? GDBAOYE
C. Difference Between Criminal and Civil Cases 1.Criminal cases involve the breaking of a law - Law: a legal limit - crossing over such a limit can result in jail time, fine, community service or probation
2. Civil cases are non-criminal, a dispute between two parties - verdict can result in punitive damages or compensation, depending what side you are on 3. Plaintiff v. Defense in both criminal and civil cases -Plaintiff: person who brings charge or complaint -Defense: person charged
II. The Constitutional Courts A.Article III of the Constitution establishes: 1. A National Court System 2.That the Judicial Powers of the U.S, are given to the Supreme Court, and inferior courts as Congress sees fit
B. Jurisdiction: authority of a court to hear and decide a case 1.Federal Court Jurisdiction a.Constitution is specifically broken b.Federal Statutes c.Admiralty / Maritime Law 2.Litigant Jurisdiction:persons involved in legal action a.The U.S. or officer of the U.S. b.A Foreign Government -or citizen c. State v. State
d.Citizen of one state v. Citizen of another state 3. Types of Jurisdiction a.Exclusive: only one court, usually, has jurisdiction b.Concurrent: can go to both state or federal court c.Original: the authority to hear the case in the 1 st instance d.Appellate: authority of a court to hear a case on appeal or review the decision of a lower court –Error in lower court or question of law
III. The U.S. Supreme Court
Article Three Thomas Sotomayor Scalia Kennedy AlitoKagan Ginsberg Breyer Powers given to the Judicial branch. Chief Justice Roberts
A. Jurisdiction 1.Hears most cases on appeals from: a. Federal Appellate Courts b. Federal Legislative Appellate Courts (special courts) C. State Supreme Courts 2. Caseload a. Requested to hear 4-5 thousand cases a year b. court accepts on rule of four
B. The Role of the Supreme Court 1.) to “secure national rights” assure or protect the rights that belong to the people 2.) to guarantee uniformity Bottom Line: Cases are chosen that deal with more things then merely the people involved C. U.S. Supreme Court Procedure 1. The annual session a. dates: 9 mo. period, starting the 1 st Monday in October b. Schedule: 2 weeks in session, 2 weeks recess
2. Presentation of Cases a. Schedule: Mon-Thurs b. Lawyers: already submitted briefs and judges are ready to discuss and ask questions c. Oral Arguments: 1hr each, justices interrupt and ask questions and make points 3. The Conference a. Schedule: Friday b. Private: nobody but justices, no official record c. Procedure: open discussion and debate, then vote
4. The Opinions of the Court: a. Schedule: Announced Monday b. The side of the court with the most votes write the majority court opinion c.Dissent written by minority D. Jobs a.Justice -appointed by President, confirmed by Senate -background: lawyer, law professor, lower court judge -term: life or good conduct -Associate Compensation: $213,900 -Chief Justice Compensation: $223,500 b. The U.S. Attorney: lawyer for the U.S.