1. The JUDICIAL BRANCH The Court System in the United States

2. Creation of a National Judiciary
Article III, §1, of the Constitution provides that "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." The Supreme Court of the United States was created in accordance with this provision and by authority of the Judiciary Act of September 24, 1789 (1 Stat. 73). It was organized on February 2, 1790.
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3. Judicial Review
Judicial Review is the power to interpret laws, to determine their meaning, and to settle disputes within the society.
Decide the Constitutionality of laws & Acts of Congress.
The power of Judicial Review was established by the Supreme Court with Marbury v. Madison.
It makes the Supreme Court the final authority on the meaning of the Constitution.

4. Can a Supreme Court ruling be changed?
Case: Dred Scott v. Sandford, 1857
Ruling:
Dred Scott was not a citizen therefore had no status to bring a case
“Full Faith and Credit Clause” If he was legally purchased as a slave in one State he is still the property of his master in another state.
US Congress cannot rule that something is legal in one State, but not in another.
Missouri Compromise struck down as unconstitutional.
Amendments 13 & 14 to the Constitution ended Slavery & gave African Americans citizenship

5. Case: Plessy v. Ferguson, 1896
Ruling:
The races may be segregated if the accommodations are equal.
Separate but Equal is Constitutional
Case: Brown v. Board of Education, Topeka, 1954
By the very nature of separation, conditions cannot be equal.
Separate but Equal is unconstitutional
Reinterpretation of the issue in a new case under a different court – the Warren Court

6. The Supreme Court 9 Judges ( 8 + Chief Justice) Only eight at
present due to
the death of
Justice Scalia

7. US Federal Court System

9. US & State Court Systems

10. Types of Courts Civil/Criminal courts Federal District Courts
State Courts
County Courts
Original jurisdiction/Concurrent Jurisdiction
Circuit/District Courts of Appeals
Appellate Jurisdiction
Constitutional Courts
Legislative courts – Congressional courts
Special courts
Original & Appellate jurisdiction
Supreme Court
Appellate & some original jurisdiction
Constitutional Court
Highest Court (no appeal after this)

11. Selection of Federal Judges
Federal Court Judges are Appointed by the President and Confirmed by the Senate
Senatorial Courtesy
is an unwritten political custom whereby the president consults the senior U.S. Senator of his political party of a state before nominating any person federal district court judges, U.S. attorneys, and federal marshals, the courtesy is not extended to a state's senators when the senators are of different political parties
Nominee is referred to the Senate Judiciary Committee
Considerations: race, party, sex, ideology, judicial activism v. judicial restraint
Federal Judges serve for life and may only be removed by impeachment.
Florida State and County Judges are elected.

12. Types of Law A Statutory law – law enacted by legislative body
B. Common law –
based on custom or court decision
C. Constitutional law
D. Administrative law-
quasi judicial
E. Criminal Law –
The law has been broken
plea bargains, public defenders, voluntary defenders, pro bono
F. Civil Law (cases)–
laws related to ordinary, private disputes
Contract has been broken, someone has been wronged

13. Parties to Cases
Plaintiff
Defendant
Appellant
Litigant
Types of Juries Grand Jury – hears evidence, Indictment Petit/petty Jury – Trial jury, decides guilt or innocence Jury Duty- required by law failure to report is contempt of court

14. Procedure for Appeal to the US Supreme Court
Petition of certiorari, request for Supreme Court review (approximately 10,000 requests)
Discuss the list in conference, review denied in 98% of all requests
Rule of four puts a case on the docket (approximately 100 cases per year)
Preparation of briefs
Oral argument
Conference
Opinion – majority, minority, dissenting, concurring

15. Landmark Supreme Court Cases
Marbury v. Madison, 1803
McCulloch v. Maryland, 1819
Gibbons v. Ogden, 1824
Dred Scott v. Sandford. 1857
Plessy v. Ferguson, 1896
Brown v. Topeka Board of Education, 1954
Gideon v. Wainwright, 1963
Escobedo v. Illinois, 1964
Miranda v. Arizona, 1966
Regents of the University of California v. Bakke, 1978
Roe v. Wade, 1973
Webster v. Reproductive Health Services, 1989
Tinker v. DesMoines, 1969
Miller v. California, 1973
Citizens United v. Federal Election Commission, 2010