1. The Judicial Branch
The Judicial Branch

2. The Role of the Judicial Branch
To interpret and define law
Hear individual cases and decide how the law should apply
Remember federalism – there are federal courts for federal law, and state courts for state laws!

3. Where Do the Courts’ Jurisdiction Come From?
Article III of the Constitution creates “one supreme court, and such inferior courts” that Congress creates
Thus, Congress creates the system underneath Supreme Court

4. 3 Major Steps in the Federal System
Courts
Judges 1
Supreme Court 9 12
Court of Appeals 3 94 1
District Court

5. Jurisdiction
Jurisdiction – the authority of a court to hear (try and decide on) a case
4 Types of Jurisdiction:
1. Exclusive Jurisdiction – only federal court has authority to hear, state court cannot
2. Concurrent Jurisdiction – federal or state court could hear

6. Jurisdiction
3. Original Jurisdiction – court is the first one to hear a case
4. Appellate Jurisdiction – court can only hear a case on appeal

7. Jurisdiction U.S. District Courts have original jurisdiction
The Court of Appeals has appellate jurisdiction
Supreme Court has both… sort of
Original in cases affecting ambassadors, or a state suing another state (less than 1% of cases)
Appellate in all other cases (over 99%)

8. The Supreme Court Death Retirement Impeached and Convicted
All justices are nominated by the President and confirmed by the _______
Judges serve for ______ or until:
1. ____________
2. ____________
3. ____________
The Supreme Court interprets the laws set forth in the Constitution and can declare a law _______________ through the process of:
_________ ___________.
Senate
life
Death
Retirement
Impeached and Convicted
unconstitutional
Judicial Review
                                                  

9. Appointment of Judges President nominates
Senate Judiciary Committee interviews nominee
Full Senate confirms the judge with a majority vote
Obama nominating Elena Kagan for Supreme Court in 2010

10. Click here for video clip
Elena Kagan takes questions from the Senate Judiciary Committee
Click here for video clip

11. Click here for video clip
Elena Kagan is confirmed by the full Senate
Click here for video clip

12. Justice 4 LYF!!!!!!

13. Why???

14. Why Life Terms?
Founding Fathers wanted an independent judiciary, free from political influence
Judges are supposed to make decisions based on law, not popular opinion or pressure from elected officials (Congress and the President)

15. Check for Understanding
The judicial branch is established in the Constitution’s
A. Article I
B. Article II
C. Article III
D. Bill of Rights

16. Check for Understanding
Jurisdiction directly limits
A. what sentence a judge may issue to a criminal defendant
B. whether a jury will hear the trial or not
C. who can be appointed to serve in the judicial branch
D. whether a court can hear a particular case or not

17. Check for Understanding
A typical federal case will be heard first in
A. a state supreme court
B. District Court
C. the Court of Appeals
D. U.S. Supreme Court

18. Check for Understanding
All of the following play a role in selecting new federal judges and Supreme Court justices EXCEPT
A. the President
B. the current Supreme Court justices
C. the Senate Judiciary Committee
D. the full Senate

19. Check for Understanding
The term of a federal judge is set by the Constitution as
A. 10 years
B. 15 years
C. 20 years
D. lifetime, or “during good behavior”

20. District Court
District Court is the first trial for the vast majority of federal cases
94 Districts divided geographically
Hears both criminal and civil cases

22. Process of a Criminal Case
U.S. attorney gathers up all the evidence against the suspect
Presents it to a grand jury, 16 to 23 people who decide whether there is enough evidence to indict the suspect
If they vote to indict, trial begins with a new jury

23. Process of a Criminal Case
If you lose your trial, you have the option to appeal to a higher court

24. Process of a Criminal Case
Higher courts have the option to overturn or modify lower court decisions

25. Process of a Criminal Case
The higher court does not have to hear your case, they will only take it if there is a significant problem with the lower court decision

26. Supreme Court
The “Court of Last Resort” – highest court in the country, whose rulings are final in all jurisdiction
Has final power of judicial review

27. Judicial Review
Judicial Review – the power to declare acts of government unconstitutional
All comes from the case of Marbury v. Madison

28. Judicial Review is the way the court can _____on the Legislative and Executive Branches to make sure they don’t stray too far from the intent of the ___________.
This means the ___________ can review and ________ decisions made by ________ and __________. (even actions of the President)
check
Constitution
Supreme Court
overturn
Congress
Lower courts

29. If the Court decides to review a ______
Usually the Supreme Court will decide with previous _________ or decisions, unless an _____________ arises to depart from past decisions.
If the Court decides to review a ______
this will become known as a _________ _______.
A majority of ___ judges is needed to make a decision.
precedents
urgent reason
case
Landmark
Decision 6

30. Another Route to Supreme Court
Federal Courts
Supreme Court
State Courts
Arizona Supreme
Court
Court of Appeals
Arizona Court
of Appeals
District Court
Superior Court

31. How a Case Reaches Supreme Court
Court will issue a writ of certiorari (acceptance of a case) if 4 of the 9 justices wish to hear it
Called the “Rule of 4”
Or, court will issue a certificate if a lower court says they don’t know how to decide on it

32. Trial Process at Supreme Court
Trial does not function like principal trial courts
No “evidence” presented, or witnesses questioned, etc.
Rather, one attorney for each side presents his arguments for 30 minutes, while being questioned by justices
No cameras are allowed in Supreme Court during arguments, so artists rendering like these are used to show what happened
Last Week Tonight created a solution… dog footage to use as a replacement (click here)

33. Trial Process at Supreme Court
Once arguments are over, justices will write opinions on the case, and each justice chooses which opinion to sign his/her name to
Majority Opinion – final decision on the case, signed by at least 5 justices
Becomes precedent for how future similar cases should be decided

34. Trial Process at Supreme Court
Dissenting Opinion – written by any justice who disagrees with the majority
It’s important because it can become the logic for a future group of justices to overturn this decision

35. Trial Process at Supreme Court
Concurring Opinion – written by a justice who votes with the majority, but disagrees with their reasoning as to why
If a justice has a conflict of interest in a case, he/she may recuse himself (stay off of the case)

36. Most Important Historical Cases
Marbury v. Madison (1803) – established precedent of judicial review
McCulloch v. Maryland (1819) – allowed Congress to use implied powers under “necessary and proper clause”
Gibbons v. Ogden (1824) – allowed Congress to regulate all commercial interactions under “commerce clause”

37. Most Important Historical Cases
Dred Scott v. Sanford (1857) – Slaves were not citizens; therefore property owner’s right must be protected
Plessy v. Ferguson (1896) – said segregation was constitutional as long as both races had equal facilities
Brown v. Board of Education (1954) – overturned Plessy decision on the grounds that “separate is inherently unequal”

38. Current Supreme Court Justices
Chief Justice John Roberts
Appointed: Bush, 2005
Age: 60
Conservative

39. Current Supreme Court Justices
Antonin Scalia
Appointed: Reagan, 1986
Age: 79 (Deceased)
Strong Conservative

40. Current Supreme Court Justices
Anthony Kennedy
Appointed: Reagan, 1988
Age: 78
Swing Vote (Usually Conservative)

41. Current Supreme Court Justices
Clarence Thomas
Appointed: GHW Bush, 1991
Age: 66
Strong Conservative

42. Current Supreme Court Justices
Ruth Bader Ginsburg
Appointed: Clinton, 1993
Age: 79
Strong Liberal

43. Current Supreme Court Justices
Stephen Breyer
Appointed: Clinton, 1994
Age: 76
Strong Liberal

44. Current Supreme Court Justices
Samuel Alito
Appointed: GW Bush, 2006
Age: 64
Conservative

45. Current Supreme Court Justices
Sonia Sotomayor
Appointed: Obama, 2009
Age: 60
Strong Liberal

46. Current Supreme Court Justices
Elena Kagan
Appointed: Obama, 2010
Age: 54
Liberal