1. The Judicial Branch
Chapter 8

2. Section 1
The Federal Courts

3. Equal Justice for All
Federal courts make up the THIRD BRANCH of the U.S. government.
The United States Supreme Court is the TOP FEDERAL court
Idea of equal justice:
Right to a public TRIAL and a LAWYER
INNOCENT until proven guilty
Right to ask for a REVIEW of case

4. Federal Courts Article III of the Constitution: The Judiciary Act
Established a national SUPREME COURT
Gave Congress power to establish lower FEDERAL COURTS
The Judiciary Act
Passed in 1789
Established federal district courts and CIRCUIT COURTS of appeals

5. System of Federal Appeals Courts
Established by Congress in 1891 and set up THREE levels in the federal court system
Three levels of federal court system
The DISTRICT courts
The APPEALS courts
The SUPREME Court

6. Jurisdiction
Defined as A COURT’S AUTHORITY TO HEAR AND DECIDE CASES OF THE FEDERAL COURTS
The Constitution gives federal courts jurisdiction over EIGHT kinds of cases
The Constitution
FEDERAL laws
DISPUTES between states
Citizens from DIFFERENT states
The federal GOVERNMENT
FOREIGN governments and treaties
ADMIRALTY and MARITIME laws
U.S. DIPLOMATS

7. Jurisdiction
For most of these eight areas, federal courts have EXCLUSIVE JURISDICTION (only THEY may hear and decide such cases)
CONCURRENT JURISDICTION (state and federal courts share jurisdiction and EITHER may hear the case)
Crimes that violate both STATE and FEDERAL law
Disputes concerning at least $50,000

8. “Where I Live” Presentation
What I like about being American!
Do other countries have this?
What I DON’T like about being American!
What I can do to change what I don’t like
10 items, pick 5
Research
Presentation will be 6 minutes long, 3 for each partner
You will turn in all notes and written pieces including the lists you start with today
Spelling and Grammar will count
Bonus points for presenting it as a poem or a rap

9. How Federal Courts Are Organized
Section 2
How Federal Courts Are Organized

10. The Lower Federal Courts
The LOWER federal courts are the DISTRICT courts and the APPEALS courts.
U.S. District Courts
the federal courts where TRIALS are held and LAWSUITS are begun
94 in all, and all states have at LEAST ONE
ORIGINAL JURISDICTION (the authority to hear the case for the first time)
Determine the FACTS of a case
WITNESSES testify and JURIES reach verdicts
the only federal courts that involve WITNESSES and JURIES

11. U.S. Court of Appeals REVIEW DECISIONS of district courts
Appellate jurisdiction
12 in all with each covering a particular geographic area called a CIRCUIT
A 13th appeals court, the COURT OF APPEALS for the Federal Circuit, has NATIONWIDE JURISDICTION
These courts DO NOT hold trials
A panel of judges REVIEWS the case records and LISTENS to arguments from lawyers on both sides

13. U.S. Court of Appeals
UPHOLD, REVERSE, or REMAND (send it back to the lower court to be tried again) a case
Decision by MAJORITY VOTE
Rulings concern only protection of RIGHTS and FAIR trial
Do NOT decide GUILT or innocence or who should win a suit
One appellate judge WRITES AN OPINION that explains the legal thinking behind the court’s DECISION in the case
OPINION for the court sets PRECEDENT (model for other judges to follow in making their own decisions on similar cases)
Most appeals court decisions are FINAL
A few cases are appealed to the Supreme Court

14. Federal Judges
Federal judges are the chief DECISION MAKERS in the JUDICIAL branch.
More than 650 DISTRICT COURT judges, with each district court having AT LEAST 2 judges
SIX TO 28 judges in each appeals court
NINE Supreme Court JUSTICES

15. Article II, Section 2, of the Constitution
Federal judges APPOINTED by the PRESIDENT with CONSENT of the SENATE
They usually appoint judges who SHARE their views
Because judges serve for LIFE, presidents view their appointments as an OPPORTUNITY to affect the country after they LEAVE office
No particular QUALIFICATIONS for federal judges

16. Senatorial Courtesy
President submits NAME to state’s Senators for consideration
If EITHER senator objects, the president withdraws the name and nominates SOMEONE ELSE
Applies only to DISTRICT and other TRIAL COURTS

17. Appointed for Life
Once appointed, a judge can be removed only through IMPEACHMENT

18. Section 3
The Supreme Court

19. Jurisdiction and Powers
The Supreme Court decides whether laws are allowable under the U.S. Constitution.
Original jurisdiction
Cases involving diplomats from foreign countries
Disputes between states
Other cases
Hears appeal cases from lower courts
The Court chooses the cases it hears
In cases the Court refuses to hear, the decision of the lower court stands

20. Jurisdiction and Powers
Eight associate justices led by a chief justice
Duty of justices is to hear and rule on cases
After deciding a case, the justices issue a written explanation, called the Court’s opinion

21. Selection of Justices Appointed by president Senate approval
Rejection of nominees

22. Background of Justices
Supreme Court justices are always lawyers
A successful law career, political support, and agreement with the president’s ideas are factors in who gets appointed
Usually they are judges in lower courts
Other public positions
Thurgood Marshall was first African American justice in 1967
Sandra Day O’Connor was first female justice in 1981

23. Powers of the Court
The legislative and executive branches of government must follow the Supreme Court’s rulings
The Court’s main job is to decide whether laws and government actions are constitutional, or allowed by the Constitution
It does this through judicial review (the power to say whether any law or government action goes against the Constitution)

24. Powers are Not Found in The Constitution
The Constitution does not give the Supreme Court the power of judicial review
The Court claimed the power when it decided the case Marbury v. Madison

25. Marbury v. Madison
As President John Adams was leaving office, he signed an order making William Marbury a justice of the peace
The incoming president, Thomas Jefferson, refused to carry out the order
Marbury took his case to the Supreme Court
In the Court’s opinion, Chief Justice John Marshall set forth three principles of judicial review
The Constitution is the supreme law of the land
If a law conflicts with the Constitution, the Constitution rules
The judicial branch has a duty to uphold the Constitution
Thus, it must be able to determine when a law conflicts with the Constitution and nullify that law
The power of judicial review serves as a check on the actions of the executive and legislative branches

26. Limits on the Supreme Court
Dependent on the executive branch and officials to enforce rulings (Worcester v. Georgia)
Congress can get around a Court ruling by passing a new law, changing a law ruled unconstitutional, or amending the Constitution

27. Worcester v. Georgia
This case illustrated that the Court must depend on the executive branch to carry out its decisions
In this case, President Jackson refused to enforce the Court’s decision, and because most citizens agreed with him, no public pressure forced him to uphold the decision

28. Limits on the Supreme Court
Hear and make rules only on the cases that come to it
The Court cannot decide that a law is unconstitutional unless the law has been challenged in a lower court and the case comes to it on appeal
Accepts only cases that involve a federal question
It usually stays out of political questions, but this is not always the case (Bush v. Gore)

29. The Supreme Court at Work
Section 4
The Supreme Court at Work

30. Court Procedures
Supreme Court justices meet each year for a nine-month term (October until June or July).
Each month, the justices spend two weeks listening to oral arguments on cases and two weeks writing opinions and studying new cases
Special sessions
Of the more than 7,000 applications each year, the Court agrees to hear fewer than 200
Supreme Court justices will place an accepted case on the court's docket, or calendar, if four out of the nine justices agree to do so.

32. Accepting a Case Significant constitutional question
Freedom of speech
Equal protection of the laws
Fair trial
Deal with real people and events
Address legal rather than political issues

33. 5 Steps of a Supreme Court Case
Supreme Court cases go through a series of steps
Written arguments
Oral arguments
Conference
Opinion writing
Announcement

34. Written arguments Oral arguments Conference
The lawyers first prepare a written brief that explains their side of the case
The justices study the briefs
Oral arguments
Each side gets 30 minutes to present its case orally
Then the justices ask tough questions
Conference
On Fridays, the justices meet privately to discuss the case
A majority vote decides the case

35. Opinion writing Announcement
After the Court reaches a decision, one justice writes a majority opinion (presents the views of the majority of justices)
The opinion states the facts, announces the ruling, and explains the Court’s reasoning in reaching the decision
The Court may also write a unanimous opinion when all the justices vote the same way
A justice who votes with the majority, but for different reasons, may write a concurring opinion
One or more justices who disagree with the majority may write dissenting opinions
Announcement
Printed copies of the opinion go to news reporters
A copy is posted on the Court’s Web site

36. Reasons for Decisions
There are many factors that influence Supreme Court decisions.
Law as the foundation
Different views of the law
Personal beliefs

37. Law as the Foundation
They rely heavily on precedents, following the principle of stare decisis (“let the decision stand”)
By following precedents, courts make the law predictable and consistent
Adapting to changing times
The justices can overrule outdated precedents
When social conditions change, the Court may make new interpretations of the law
Example of segregation with Plessy v. Ferguson and Brown v. Board of Education
The social conditions of the time influenced their decisions. In the earlier Plessy case, segregation was common, and the Court upheld it. By the time of the later Brown case, society’s views on segregation were beginning to change. The Court’s decision in the case to strike down segregation reflected the changing social climate.

38. Different Views of the Law and Personal Beliefs
Like all human beings, justices see the world based on their own life experiences
Their personal views and relationships influence their decisions