1. Judicial Branch
Interpret the Laws

2. Created by the Constitution
“The 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.”
Article III, Section 1
--No national courts and no national judiciary under The Articles of Confederacy
--alexander Hamilton wanted a judiciary power and national court system

3. Dual Court System Two separate court systems in the U.S.
National judiciary
Spans the entire country
More than 100 courts
50 states have their own systems
Over thousands
Most cases are heard in these courts

4. Two Types of Federal Courts
Constitutional (Regular) courts
–Article III
– broad judicial power
Legislative (Special) Courts
– Article I
– narrow range of cases

6. Federal Court Jurisdiction
Jurisdiction = authority of a court to hear a case
Article III, Section 2 determines what cases the federal courts will hear:
Subject matter – involves a federal question
Parties – if one of the parties involve:
The U.S. or one of its officers or agencies
An ambassador or official representative of gov’t
One State sues another State
A citizen in one State sues a citizen of another State
American citizen sues a foreign government or citizen

7. Exclusive v. Concurrent Jurisdiction
Exclusive jurisdiction – a case is tried only in the federal courts
Concurrent jurisdiction – the federal and State courts share the power to hear a case

8. Federal Judges
The President nominates, then the Senate approves the appointment for Supreme Court Judges
No age, residency, or citizenship requirements for federal judges in the Constitution
No Constitutional requirement for legal training
Presidents usually fill positions with judges from their own political parties / views

9. Judicial Philosophy
All federal judges make decisions in which they must interpret and apply provisions in the Constitution and acts of Congress
Judicial Restraint
Judicial Activism
Judges should decide cases on the original intent of the Framers
Precedent: a judicial decision that serves as a guide for settling later cases of a similar nature
Argue that elected legislators should make laws, not judges
- argue that provisions in the Constitution and in statute law should be interpreted and applied in the light of ongoing changes in conditions & values
- Fundamental importance of majority rule & value of precedents

10. TYPES OF CASES Criminal Civil Violation of law Possible punishment
Noncriminal matter
Personal dispute
Court “resolves” dispute

11. CONSTITUTIONAL COURTS:
HOW CASES REACH
The
SUPREME COURT

12. THREE COURT LEVELS Supreme Court Court of Appeals District Court 1
12 circuits + 1 for D.C.
District Court
94 districts
1 – 4 per state

13. U.S. DISTRICT COURT
Original jurisdiction: a court that first hears a case
Trial court
Case
U.S. law/Constitution
Citizens of different states

15. U.S. DISTRICT COURT Participants Criminal case Civil Case: Witnesses
Defense/Lawyer/Prosecution
Civil Case:
2 parties/Lawyers
Witnesses
Petit jury
Judge

16. U.S. DISTRICT COURT Results Criminal Case Civil Case
Guilty or Innocent
Guilty? Punishment
Civil Case
Party with best claim
Resolution

17. COURT of APPEALS 13 courts of appeals Jurisdiction Appellate
Reviews handling of case by
District courts
Regulatory agencies

19. COURT of APPEALS Materials Judges: 3 – 9 (majority rules) Transcript
Script of trial
Briefs
Legal arguments of attorneys
Research/precedent
Oral arguments
Amicus curia briefs
“Friend of the court” legal arguments

20. Court of Appeals Rulings Sustain Overturn Approve lower court ruling
Reject lower court ruling
Correctible error
Re-trial in original court
Not correctible
Case dismissed

21. U.S. Supreme Court Jurisdiction Reviews cases from
13 courts of appeals
50 state supreme courts
Legislative courts
Mainly via writ of certiorari
“to be made more certain”
Request to review case

22. U.S. SUPREME COURT Decision to Hear 4 of 9 favor Reasons
National impact
Inconsistencies in lower courts

24. U.S. SUPREME COURT Materials Used Judges: 6-9 (majority rules)
Transcript
Appellate court ruling(s)
Briefs
Research/precedent
Oral arguments (30 minute limit)
Amicus Curia briefs

25. U.S. SUPREME COURT Decision Conference Opinions Discussion = “Vote”
Majority rules
Opinions
Written
Circulated
Signed

26. U.S. SUPREME COURT Opinions Majority/Opinion of the Court Concurring
States decisions
Explains reasoning
Concurring
Agrees with majority
Dissenting/Minority Opinion
Disagrees with majority
Optional

27. Importance of Opinions
U.S. SUPREME COURT
Importance of Opinions
Internal
Justice may change vote
External
Explains ruling/precedent to public
Signals need for legislative/executive action