1. Chapters 13-14: The Judicial Branch
Unit 3

2. The Judicial System in Our Democracy

3. Rule of Law and Judicial Review
No individual, group, organization, or governmental entity is above the law
All must be held accountable if they violate it
Laws must be clear and must be equally enforced
The job of the courts is to promote the rule of law
Judicial Review
Power of the SC to declare laws and actions of local, state, or national governments unconstitutional
Courts must act impartially and make fair decisions without influence by outside forces.

4. Trials

5. The Function of Trial Courts and Jurisdiction
Criminal trial court—hears cases about crimes like burglary, murder, or DUI
Civil trial court—hears cases where one person/group thinks another person/group should pay for causing harm
Original jurisdiction—authority of a trial court to be the first to hear a case

6. The Trial Process
Listen to testimony, consider evidence, decide the facts in situations
Roles in a trial:
Plaintiff/Victim
Defendant
Prosecutor
Public defender/Defense Attorney
Jury

7. Appeals

8. Types of Cases That Are Appealed
Errors of Law—A mistake by a judge as to the applicable law in a case
Appellate courts don’t reconsider facts of a case (testimony of witnesses, evidence, etc.); instead they focus on deciding legal questions that arise in a trial.
Procedural Due Process—the fair administration of justice

9. Procedures of an Appeals Court
Party presents arguments asking court to review the decision of the trial court. The other party presents arguments supporting the original decision
No juries/witnesses, no new evidence. Only lawyers
Panel of judges/justices decide appeals
3 options/decisions:
Uphold the original decision
Reverse the original decision
Send the case back to the lower court to be tried again
Judges/justices write opinions
Majority opinion
Dissenting opinion
Concurring opinion

10. Precedent and Stare Decisis
Precedent—a legal principle created by an appellate court decision that lower court judges must follow when deciding similar cases
Stare decisis—”Let the decision stand”; refers to the principle that courts should follow precedent

11. Local, State, and Federal Courts

12. State and Local Courts State Trial and Appeals Courts
Minor courts/justice courts/municipal courts/magistrate courts/inferior trial courts—dal with specific types of legal issues
Ex: family court deals only with issues of family law; traffic court deals just with transportation issues
General trial courts/superior court/county court/district court—wide range of cases (criminal and civil)
You may appeal to an intermediate court of appeals/supreme court/court of appeals/supreme judicial court

14. Judges
Around 30,000 judges
State court judges are selected in 4 different ways:
Popular election
Election by the legislature
Appointment by governor
Or a combination of appointment and popular election
Serve a limited term but can be reelected/reappointed

15. Federal Courts Federal Trials and Appeals Courts
U.S. has 94 federal judicial districts
1 federal district court in each one, handles criminal and civil cases
Federal bankruptcy and tax courts
Trial courts are groups into 12 regional circuits
Each one has a federal court of appeals (U.S. Circuit Court)

17. Judges About 850 federal judges
Federal court judges are appointed by the president and confirmed by the Senate
Typically serve until they resign, retire, or die
Removal must go through Congress

18. Selecting Cases at the Supreme Court

19. The Function of the Supreme Court
Primary:
To resolve disputes that arise over the meaning of federal law and the Constitution
Wants to make sure that federal law is uniform across the country
Judicial review—power the Court has to examine the laws and actions of local, state, and national governments and to overturn them when necessary
Marbury v. Madison (1803)

20. Choosing Cases Jurisdiction
Cases involving representatives of foreign governments
Certain cases in which a state is a party
Could be between states, states vs. federal government, or individual/group against a state/federal government
What does the Court look for?
May choose cases where lower courts have decided the same issue in different ways
Mostly concerned about ensuring uniformity in decisions about the meaning of the Constitution and the interpretation of federal laws
Looking for cases of national impact
If at least 4 of the 9 justices agree to hear a case, the case will be scheduled for argument

21. Deciding Cases

22. Arguing and Deciding Cases
Briefing
Each side submits a brief explaining how they want the Court to decide their case and why
Provide argument supporting their side
Typically points out similar cases that have already ruled in their favor
Amicus curiae—”friend of the court”; written brief from an individual/group claiming to have information useful to court’s consideration of a case
Typically experts in the field
Oral Argument
Hour long, open to public
Each side gets time to present
Justices ask questions

23. Arguing and Deciding Cases
Deciding the Case
Justices meet in conference to discuss
Take a preliminary vote to uphold/reverse lower court’s decision
If they all agree= unanimous ruling
If they disagree= issue a majority and dissenting opinion
The majority is the ruling
Enforcing Decisions
Ruling becomes law
All lower courts and Congress are expected to follow the ruling

24. Selecting Justices

25. Nomination and Confirmation Process
Constitutional Requirements
Not much detail in the Constitution but…
The person must be nominated by the president and receive Senate consent
Confirmation by the Senate
80% of presidential nominations for Supreme Court have been confirmed
Not a quick or easy process

26. Nomination and Confirmation Process
The Process and Politics
If a justice retires or dies, the White House and the Senate Judiciary Committee begin working on the nomination process
Possible candidates are studied, analyzed, and various opinions are heard before anyone is nominated
Once the president has chosen a candidate, he/she is introduced to the public
The candidate then works with Congress and either be approved or disapproved.
What kind of person would you want to be a Justice?

27. Constitutional Interpretation

28. Interpreting the Constitution
Judicial Restraint—philosophy that courts should generally avoid overturning laws passed/actions taken by democratically elected bodies
Judicial Activism—philosophy that courts must sometimes step into political and social controversies in order to protect Constitutional rights
Which do you agree with?

29. Interpreting the Constitution
Stare decisis—”let the decision stand”
Serves a precedent (model) on which to base other decisions in cases that raise the same legal issue
Turn to page 429 in your textbook
We will read the cases together
Answer the “critical thinking” question

30. Interpreting the Constitution
Judicial Philosophy
Originalism—judicial philosophy that interprets the Constitution by exploring understanding of the text that people had when they adopted the Constitution
“Living” Constitution—claims that the Constitution is dynamic and that modern society should be considered when interpreting key constitutional text
Which do you agree with?