1. The Judicial Branch Jurisdiction – The right of a court to hear a case. Types of Jurisdiction:Types of Jurisdiction: 1. Original – right to hear a case for the first time. There are 3 Jurisdictional levels: Federal State Local 2. Appellate – right to hear a case on appeal; law has been applied unfairly or incorrectly 3. Exclusive – assigned by Constitution; only federal courts can hear; includes cases involving national laws, the federal government or other governments (State or Foreign) 4. Concurrent – cases that can be decided in state or federal courts

2. The American Legal SystemThe American Legal System 1. Constitution of the United States 2. Statutory laws – (statutes) laws that are written by state legislatures and other lawmaking bodies 3. Common Law – origin of stare decisis; past rulings that are used to make decisions *Stare Decisis means “let the decision stand.”

3. Branches of Law (Criminal and Civil) 1. Public Law – concerns the relationship between the government and citizens Criminal Law Constitutional Law Administrative Law – rules and regs of the gov. agencies International Law – rules that guide relations w/other countries

4. Branches of Law (Criminal and Civil) 2. Private Law – deals with disputes between individuals, businesses or other organizations Contracts Property Torts (wrongful act that injures a person or someone’s property) Domestic Relations

5. United States Supreme Court (original and appellate jurisdiction) U.S. Court of Military Appeals Military Courts 12 U.S. Courts of Appeals U.S. Tax Courts Territori al Courts 94 District Courts Court of the DC Appeals from Federal Regulatory Agencies U.S. Court of Appeals for the Federal Circuit U.S. Court of International Trade U.S. Claims Court U.S. Court of Veterans Appeals Appeals from Highest State Courts **The Supreme Court is only one set up in the Constitution. Congress creates all other courts. Federal District Courts federal trial courts; currently 94 courts at least one per state plus D.C. and Puerto Rico 2 judges per court have only original jurisdiction hear 80% (most)of federal cases (about 300,000/yr.) Court of Appeals set in 12 districts or circuits; usually 3 judge panels hear appeals from district courts set up to lessen workload of Supreme Court have appellate jurisdiction does not always mean a trial about 40,000 cases/yr.

6. Federal Court System

7. Supreme Court court of last resort most appeals come from the 12 Courts of Appeals currently 8 associate justices and 1 chief justice judicial review-declare act unconstitutional about 6,000 cases apply/yr., only about 100 get full decision

8. Process to the Supreme CourtProcess to the Supreme Court 1. Federal Indictment 2. Federal Grand Jury Hearing 3. True Bill of Indictment 4. Trial in Federal District Court 5. Verdict by Trial (Petit) Jury 6. Appeal to Courts of Appeals (Circuit Courts) 7. 3 panel court decides to uphold or overturn the verdict 8. Appeal to United States Supreme Court

9. To Hear a case before Supreme CourtTo Hear a case before Supreme Court 1. Submit Appeal - In most cases lawyers write an appeal for the court to issue a writ of certiorari. (forces lower courts to send documents from the case to be reviewed) 2. Appeal Granted - (Rule of Four) 4 of 9 justices agree to put case on docket (schedule). 3. Submit Brief - Merit Briefs are written legal arguments by lawyers to support one side of a case. *Amicus Curaie Briefs – friend of the court (interest groups file) 4. Oral Arguments - the lawyers have the opportunity to give their arguments and ask questions about the case. It is almost always limited to 7 sittings at 30 minutes for each side. (2 weeks long) 5. Conference - justices discuss and vote on cases. (Wednesday morning and on Friday) 6. Write Opinions – after voting on the case, each justice may write their opinions. 7. The Decision is Final

10. Making Decisions:Making Decisions: Judicial Restraint – the Court limits itself to matters of law and justice as they are brought before them. Judicial Activism – the Court does not refrain from making policy with its decisions. Write Opinions – majority – decision of the court Concurring opinion – agrees with the decision but with different reasoning and wants to explain why Dissenting opinion – disagrees with the majority and wants to explain why Precedents – decisions of the Court become the standard or rule for future cases.

11. Supreme Court JusticesSupreme Court Justices President appoints; Senate approves Their term is for Life Impeached like any other office Currently they make around $192,600 Pay cannot be lessened during their term

12. Profiles of JusticesProfiles of Justices Top colleges and law schools Average age 42 when appointed Most are practicing attorneys or state judges when appointed 1967 – Thurgood Marshall 1 st minority 1981 – Sandra Day O’Connor 1 st woman

13. Selection ProcessSelection Process President consults advisors; Attorney General presents list of candidates FBI does background check; ABA ranks candidates Interest groups try to influence Senate vote Senate Judiciary Committee rejects or confirms

14. Other Federal CourtsOther Federal Courts Territorial Courts set up like federal district courts in U.S. territories D.C. Court handles all cases for the nation’s capital Court of International Trade civil cases (involve money or property) foreign business dealings covered here U.S. Tax Court disputes between taxpayers and the IRS Court of Military Appeals trials of service persons (court martials) Court of Appeals for Federal Circuit nationwide jurisdiction civil cases mostly patents, trademarks, copyrights U.S. Claims Court public officials can be sued here Government can be sued in some cases approved by Congress

15. Choosing a President: The Electoral Process The President is elected by 538 people known as the Electoral College. When we vote on election day we are voting for these 538 people who will then cast their ballot for a candidate. Members of the electoral college as chosen by State legislatures. The number of state electors equals House + Senate members. So for Kansas 4(House)+2(Senate) = 6 votes. The fewest number of electoral votes a state can have is 3.