1. Chapter 15: The Judicial Branch

2.  John G. Roberts, Jr., Chief Justice  Elena Kagen  Antonin Scalia  Anthony Kennedy  David Souter  Clarence Thomas  Ruth Bader Ginsberg  Stephen Breyer  Samuel Alito Jr.  Sonia Sotomayer Current Supreme Court

3.  Article III of the Constitution established the judicial branch of government with the creation of the Supreme Court.  This court is the highest court.  There are lower Federal courts  Congress -necessary  State court systems Judicial Branch

4. Appointees to the federal bench serve for life or until they voluntarily resign or retire.  The Supreme Court is the most visible of all the federal courts.  The number of Justices is determined by Congress rather than the Constitution, and since 1869, the Court has been composed of one Chief Justice and eight Associate Justices. Justices are nominated by the President and confirmed by the Senate. Basics

7.  Lower courts include municipal courts, police courts, justices of the peace, and/or district magistrates.  The lowest courts in the state judicial hierarchy have limited jurisdiction in both civil & criminal cases. – Usually NOT Very serious ct. cases State Courts

8.  Trial courts with general jurisdiction  Most cases of a relatively serious nature start here State Courts

9.  Intermediate appellate courts  Trial court decisions can be appealed here  Not the first time a case is heard  Cts. Of appeals determines if the rights of the accused were upheld in court in the lower level. State Courts

10.  State Supreme Court or Court of Appeals --This court occupies the top position in the state judiciary - Some states do not have a Court of Appeals- goes directly to the State Supreme Ct. State Courts

11. Becoming a Judge at the state level Election: by the people Appointment: Governor or state legislature Merit Selection: committee nominates judges based on merits or qualifications & Governor then appoints the judge. - usually you will vote to “retain” the judge in their position.

12. Cases  State: - traffic, divorce, landord- tenant, contracts, personal injury, inheritance  Both: - crimes punishable under state and fed, environment, class- action, U.S. Constitution  Federal: -interstate commerce, federal taxes of federal programs, patent and copyright, treaties, citizens of other countries, bankruptcy, disputes between states

13.  Three-level Pyramid Federal Courts

14. 1.The United States district courts are at the bottom of the triangle.-94 2.The United States court of Appeals are the middle. 13 3.The United States Supreme Court is at the top Federal Courts

15.  Only court explicitly outlined in Constitution  Membership fixed by Congress  Since 1869 the Court has had 9 members, including a chief justice and eight associate justices  6 members are needed for quorum Supreme Court

16.  President nominates Supreme court justices and are approved by the Senate  Senatorial Courtesy  Lifetime appointment Supreme Court

17. 1.Chooses cases—no independent data, relies on briefs – -Amicus Curiae- Written by 3 rd parties Oral arguments heard over seven 2-week sessions 2.Conference Days—Private meetings/deliberation 3.Call up Writ of Certiorari - “Writ of Cert” – Rule of Four Supreme Court Process

18. Types of Legal Conflicts Criminal: violating criminal laws -fines, jail, probation BEYOND REASONALBE DOUBT - arson, killing, raping, speeding Civil Law: conflicts between private parties -ownership, destruction of property, divorce, custody

19. Actors  Criminal  Defendant: accused of the crime  Prosecution: government lawyer or team of lawyers bring evidence against defendant  Civil:  Defendant  Plaintiff: person bringing the lawsuit to court.

20.  Dual Court System -There are 50 state court systems -One federal court system Each state has a state supreme courtstate supreme court Structure & Jurisdiction

21. 1.A case that is heard on original jurisdiction originates or starts in that court. It has not previously been heard in a lower court. 2.A case heard on appellate jurisdiction has already been heard elsewhere, and it is now being heard on appeal. Court Jurisdiction

22.  Federal courts have jurisdiction over cases involving federal parties (example: ambassadors, leaders, etc) or federal questions (examples: federal laws or treaties, interpretation of constitutional law) Jurisdiction

23.  Judicial Review is this process that the judiciary uses to provide checks and balances on the legislative and executive branches. Judicial Review

24.  Judicial review - not an enumerated - is an implied power.  In Marbury v. Madison (1803), the courts' power of judicial review was clearly articulated. Judicial Review

25.  Primary function of courts in general and Supreme Court in particular  Mechanical jurisprudence—the view of judging Laws often ambiguous Interpreting the Law

26.  Judges base decisions on precedents, laws  Can sometimes explain decisions by the literal meaning of the words of text in question Legal Interpretation

27.  May refer to intent of the framers - Strict Construction  Previous court cases/precedents  May base decisions on social or political needs - Loose construction **All enhance the credibility of decisions Legal Interpretation

28. Schools of Thought Judicial Activism: use judicial review to overturn bad precedents - controversy? Liberals Judicial Restraint: judicial review used sparingly. -Conservative

29. 1)At meeting, they speak in descending order of seniority. 1)Take tentative vote in ascending order of seniority 1)Assign opinion writing—drafted and circulated to fellow justices for comment Supreme Court Process

30. 1. Majority Opinion: written opinion of the majority stating reasoning for the decision Supreme Court Opinions

31. 2. Concurring Opinion: Can be authored by a justice who agrees with the outcome of a case but for different reasons; may go on record with own opinion; can influence future opinions; can lessen impact of majority opinion Supreme Court Opinions

32. 3. Dissenting Opinion: minority opinions; written by justices who dissent; may influence future decisions; can undermine majority opinion Supreme Court Opinions