1. The Judiciary

2. History of the US Judiciary System
No court system under the Articles of Confederation
Established in the Constitution under Article III
Remember it’s the smallest article in the Constitution
Hamilton believed that it was the least dangerous branch of the government

3. Judiciary Act of 1789 Supreme Court 3 Circuit Courts
Chief Justice
5 associate justices
3 Circuit Courts
Each had 2 Supreme Court justices and a district judge
13 District Courts
District judge (13 states)
Created 2 sets of lower courts below the Federal Court System

4. US Supreme Court
First 12 years the court ruled on only 50 cases
John Jay:
John Rutledge: July 1795-Dec. 1795
Oliver Ellsworth:
John Marshall:
Established the power of the judiciary branch
Ruled on most of the Landmark Cases that established judicial power

5. Marshall Court Sec. of State under Adams Marbury v. Madison
Was responsible for delivering the Midnight Appointments
Failed to deliver 17 appointments
Marbury v. Madison
Fletcher v. Peck
Gibbons v. Ogden
McCulloch v. Maryland

6. Current Court Set-up
US Circuit Courts
Colorado District Courts

7. Types of Courts Trial Courts Appellate Courts ORIGINAL JURISDICTION
Appeals Courts
Rules on the decisions of the lower courts

8. Original Jurisdiction Appellate Jurisdiction
Hears the case first
Generally a trial case
Determines the facts of the case
District Courts
Supreme Court
Reviews the decision of the lower court
Generally no new evidence is included in an appeal case
Circuit Courts
Supreme Court

9. Criminal Law Civil Law Trial for crimes
Protection of property and safety
Violence
Theft
Crimes that break contractual agreements
Business crimes
Can be tried criminally and in a civil trial

10. Constitutional Law All based on Amendments Texas v. Johnson
The court case is always based on Constitutional underpinnings
State or Federal Constitutions can be used
1989
Outside the Republican National Convention in Dallas
Gregory Johnson was protesting Reagan
Burned an American Flag
Pled NOT GUILTY under protection of the first amendment
Court ruled that ‘symbolic’ protest is protected under 1st amendment

11. The Takings Clause of the 5th Amendment
Prohibits a state from taking private property for public use without just compensation
Eminent Domain

12. Torts Intentional Torts Public Personalities
Defamation
Refers to false statements that harm someone’s reputation
4 elements to win a lawsuit
Defamatory statement
Words likely to harm a persons reputation
Falseness
the statement must be false
Communicated
Communicated to at least one other persons
Injury
Must show some sort of injury
A public figure must prove actual malice
The defendant knew that the statement was false or acted with reckless disregard of the truth

13. Privilege Absolute Qualified
Exists in courtrooms and legislative hearings
Anything can be said and they can’t be sued for defamation
Exists when two people have a legitimate need to exchange information

14. Additional Intentional Torts
Battery
Assault
Intentional touching of another person in a way that is unwanted or offensive
When a defendant does some act that makes a plaintiff fear an imminent battery

15. Stare Decisis “Let the decision stand” Essence of common law
Refers to the precedent
Osterlind v. Hill-Canoe case

16. Statutory Law Most new law Statutes affect each of us every day
The part of the law that people have control over

17. Statutory Interpretation
Plain Meaning Rule
Words have ordinary, everyday meaning
Can’t fire someone who is a Catholic claiming that Catholicism isn’t a religion (Civil Right Act 1964)
Legislative History and Intent
If the language is unclear the court must look at the intent of the law based on its history
Public Policy
If plain meaning and history are unclear they will rule based on public policy

18. The Courts as Policymakers
Making Decisions
Oral arguments heard by the justices
Justices discuss the case
One justice will write the majority opinion (statement of legal reasoning behind a judicial decision) on the case

19. The Courts as Policymakers
Making Decisions (continued)
Dissenting opinions are written by justices who oppose the majority.
Concurring opinions are written in support of the majority but stress a different legal basis.
Stare decisis: let previous decision stand unchanged
Precedent: how similar past cases were decided
May be overruled
Original Intent: the idea that the Constitution should be viewed according to the original intent of the framers

20. The Courts as Policymakers
Accepting Cases
Use the “rule of four” to choose cases
Issues a writ of certiorari to call up the case
Supreme Court accepts few cases each year

21. The Courts as Policymakers
Accepting Cases (continued)
The Solicitor General:
a presidential appointee and third-ranking office in the Department of Justice
is in charge of appellate court litigation of the federal government
Four key functions:
Decide whether to appeal cases the government lost
Review and modify briefs presented in appeals
Represent the government before the Supreme Court
Submit a brief on behalf of a litigant in a case in which the government is not directly involved

22. Understanding the Courts
What Courts Should Do: The Scope of Judicial Power
Judicial restraint: judges should play a minimal policymaking role
Judicial activism: judges should make bold policy decisions and even chart new constitutional ground
Political questions: means of the federal courts to avoid deciding some cases
Statutory construction: the judicial interpretation of an act of Congress