1. The Judicial Branch Article III of the Constitution

2. Origins Article III of the U.S. Constitution -Courts are needed to interpret and apply the law -Establishes a Supreme Court -Establishes the right of Congress to create lower Federal courts -Those inferior to the Supreme Court established by Congress Goal of the Courts: Treat every person the same

3. Role of the Courts To settle civil disputes and decide guilt Civil disputes: between two private parties, a private party and the government, US and a state/local government Criminal: when a person breaks a law or commits a crime

4. Jurisdiction Jurisdiction (authority to hear and decide a case) a.exclusive jurisdiction – only the federal courts and hear and decide b. Concurrent – both federal and state courts and have jurisdiction (when a crime violates both state and federal law, or when citizens of different states are involved in disputes concerning over $50,000)

5. Areas of Jurisdiction Constitution (peoples rights) Federal Laws (people charged with federal crimes: kidnapping, tax evasion, counterfeiting) Disputes between states (Colorado and California fight over rights to the water in the Colorado river) Citizens from different states Federal Government (works both ways – government can sue people, people and sue government)

6. Areas of Jurisdiction Foreign governments and treaties (foreign government against, an American company, American citizen, or the government) Admiralty and maritime laws( crimes and accidents outside territorial waters – rights to property from a shipwreck) U.S. diplomats (someone from the US working for the US government in another country that broke an American law.)

7. Federal Courts Congress created a system of federal appeals courts and the circuits (districts) that they serve – 3 levels total. 94 federal judicial districts NC is in the 4 th Circuit

9. Federal Courts 1.) District Courts: Trials and lawsuits are begun on this level. - Created by Congress - 94 courts - Deal with civil and criminal cases -All federal cases must begin in a district court - Determine the facts of a case - A judge and jury are present Original Jurisdiction: The authority to hear a case for the first time.

10. Federal Courts 2.) U.S. Courts of Appeals (federal appeals courts, circuit courts, circuit court of appeals): Review decisions made in lower district courts. - some appeals are based on new evidence that could affect, or impact, the verdict - Can uphold the original decision - Reverse the original decision -remand the case (send the case to the lower court to be tried again) Appellate Jurisdiction: The authority of a court to hear a case appealed from a lower court.

11. The decisions here set a precedent (model to base decisions)  this makes the process go faster because most courts use precedents when making decisions on a case

12. Federal Judges (Article II, Section 2) a. no particular requirements b. President usually choose people in their political party c. Senatorial Courtesy – usually just with district courts – president can submit a candidate’s name to their states’ senators. If they don’t approve, the president usually withdraws his nomination. d. Tenure – life. Can be removed only through impeachment

13. Other Court Officials Magistrates – take care of the judge’s routine work, issue court orders, and hear preliminary evidence. ( arrest warrants) U.S. Attorneys – each district has a U.S. attorney and one more deputies. U.S. Marshalls - each district has one. They make arrests, collect fines, and take convicted people to prison. (Airplanes)

14. The Supreme Court Jurisdiction Power is limited Only has original jurisdiction if Foreign diplomats are involved Disputes between states Choose cases it can hear – if it refuses a case, the ruling of the earlier courts stands

15. The Supreme Court Organization/Duties 8 associate justices, led by chief justice Justices hear and rule on cases Justice Selection Presidential appointment, approval from Senate Choose nominees likely to be approved Senate advises President

16. http://www.supremecourt.gov/about/biograp hies.aspx

17. The Supreme Court Powers of the Court Other two branches must follow its rulings It is removed from Politics Judicial Review – Court can review any federal, state, or local law or action for Constitutionality. - If Unconstitutional, it can nullify/cancel it Marbury vs. Madison – established power of Judicial Review

18. The Supreme Court Limits Checks and Balances – depends on the Executive and State and local officials to enforce its decisions. Only hear and make rulings on cases that come to it Refusal to deal with political questions because it believes they should be resolved by the other two branches.

19. Procedures How cases reach the court Judges review a list of possible cases and consider the merits ii. Accepted cases go on the docket (court calendar) iii. Caseload – number of cases handled in a given period

20. Procedures Selecting Cases i. Hear only selected topics (usually dealing with Bill of Rights and Constitution questions) ii. Involves a real dispute – real people and events iii. Writ of Certiorari – directs a lower court to send its record on a case to the Supreme Court of review.

21. Reason for Decisions The Law – foundations for decision i. Stare Decisis – following precedents – let the decision stand ii. Law does need to be flexible with changing times, so Supreme Court will review case, the law and their decisions.

22. Reason for Decision Changing social conditions – Affect court opinions and decisions Differing Legal Views – justices have different views, some believe the court should use its power; the others are hesitant to show too much power. Personal beliefs – they are human, and see the world bases on their experiences.

23. Procedures Steps in Decision Making i. Written Arguments (brief) - a written document that explains ones side’s position on the case. ii. Oral Arguments – lawyers for each side get 30 minutes to summarize its cases, and are asked tough questions by the justices. iii. Conference – Friday – justices meet to make decisions about the cases studied; a majority is required for a decision

24. Procedures Opinion Writing i. Majority Opinion – presents views of the majority of the justices on a case. ii. Concurring Opinion – justices who agree with majority but has different reasons writes this. iii. Dissenting opinion – justices who oppose the majority decision iv. Unanimous Opinion – all justices vote the same way

25. Jurisdiction… Again Exclusive Jurisdiction: only courts that hear cases involving Federal crimes, patents, foreign officials Concurrent Jurisdiction: State and Federal courts may hear Original Jurisdiction: court that heard the case first, first rulings Appellate Jurisdiction: hears a case on appeal and may overturn or modify original rulings

26. U.S. Federal Claims Court -U.S. must give consent before it can be sued by anyone -Hears claims Territorial Courts -Covers nations territories -Virgin Islands, Guam, and Northern Mariana Islands -Similar to state's local courts Courts of the District of Columbia -Hears cases that come up in the nations capital Court of Appeals for the Armed Forces -Serious court martial decisions -"Make rules for the government and regulation of land and naval forces." Article I, Sec. 8, Clause 14 Court of Veterans Appeals -Veteran appeals, denial or mishandling of benefits United States Tax Court -Hears civil cases involving disputes of tax applications -Most cases come from the Treasury Department and the IRS All of these were created by Congress… All have the potential to have various jurisdictions