1. The Judicial Branch
Presentation 2

2. The Role of the Judicial Branch
To interpret and define law
This involves hearing individual cases and deciding how the law should apply

3. Appointment of Federal Judges
The Constitution stipulates that all federal judges are appointed by the President
Supreme Court justices
Court of Appeals judges
District court judges

4. Appointment of Federal Judges
President nominates someone to become a judge
Senate majority vote confirms
Judges serve for life

5. Why Life Terms? Founding Fathers wanted an independent judiciary
Free from public or political pressure when deciding cases

6. Supreme Court Justices
Chief Justice John Roberts
Appointed: Bush, 2005
Conservative

7. Supreme Court Justices
Antonin Scalia
Appointed: Reagan, 1986
Strong Conservative
DECEASED:
NATURAL CAUSES

8. Supreme Court Justices
Anthony Kennedy
Appointed: Reagan, 1988
Swing Vote (Usually Conservative)

9. Supreme Court Justices
Clarence Thomas
Appointed: Bush, 1991
Strong Conservative

10. Supreme Court Justices
Ruth Bader Ginsburg
Appointed: Clinton, 1993
Strong Liberal

11. Supreme Court Justices
Stephen Breyer
Appointed: Clinton, 1994
Liberal

12. Supreme Court Justices
Samuel Alito
Appointed: Bush, 2006
Conservative

13. Supreme Court Justices
Sonia Sotomayor
Appointed: Obama, 2009
Strong Liberal

14. Supreme Court Justices
Elena Kagan
Appointed: Obama, 2010
Liberal

15. Supreme Court Justices
Neil Gorsuch
Appointed: Trump, 2017
Conservative
Replacement for Justice Antonin Scalia

16. Organization of Federal Courts
Judges 1
Supreme Court 9 13
Appellate Court 3 94 1
District Court

17. Supreme Court
The “Court of Last Resort” – highest court in the country

18. Limitations on the Supreme Court
Types of Cases
Types of Issues
Limited Control over Agenda
No Enforcement Power
Checks & Balances

19. Steps in Deciding Cases
Submitting Briefs
Brief- written statement setting forth legal arguments, relevant facts, and precedents supporting one side of a case
Amicus curiae- “friend of the court”
Not directly involved in the case
Have an interest in the outcome

20. Steps in Deciding Cases
Oral Arguments
Each side gets 30 minutes to present their side of the case to the court
Judges normally interrupt to ask questions

21. Steps in Deciding Cases
Conference
Justices meet on Wed and Fri to discuss cases they have heard
No minutes are kept of the meetings
Chief Justice gives a brief summary for each case and they all discuss it for about 30 minutes each
At least 6 of the 9 judges must be present to make a decision

22. Early Days as Justices
In early years, justices would be expected to go from town to town to hold court.
It was known as riding the circuit

23. Four Major Categories of Crimes
Personal Crimes
Assault
Battery
False Imprisonment
Kidnapping
Homicide
Rape/ Statutory Rape

24. Four Major Categories of Crimes
Property Crimes
Larceny (Theft)
Robbery (also considered personal crime)
Burglary
Arson
Embezzlement
False Pretenses
Receipt of Stolen Goods

25. Four Major Categories of Crimes
Inchoate Crimes (incomplete crimes/ begun but were not completed)
Attempt (any crime attempted)
Solicitation
Conspiracy

26. Four Major Categories of Crimes
Statutory Crimes- violation of a specific state or federal statute can involve property or personal offenses
Alcohol related crimes (DUI)
Selling alcohol to a minor

27. Steps in a Civil Trial Process

28. Civil Trial Flow Chart

29. Landmark Cases Marbury v. Madison (1804)
Established precedent of judicial review
Cherokee Nation v Georgia (1831)
SCOTUS denied to hear the case on appeal as the Cherokee were viewed as wards of the state and the Supreme Court held no jurisdiction
One year later a new case would be decided

30. Landmark Cases Worcester v Georgia (1832)
Cherokee Nation were deemed sovereign by Chief Justice John Marshall, and states could not pass laws against them
Worcester was released by the state of GA
After effects of the ruling:
Andrew Jackson ignored the decision
Cherokee were forced out in what would become known as the Trail of Tears
15,000 were forced out, and over 4,000 died on the journey to Oklahoma Territory

31. Landmark Cases Dred Scott v. Sanford (1857)
Ruled that people of African descent imported into the U.S. were not and could never be considered citizens
Would forever tie the issue of state’s rights to slavery
Pushed U.S. closer to Civil War due to outcry after the case
This case would eventually be overturned with the passing of the 14th Amendment

32. Landmark Cases Plessy v. Ferguson (1896)
Ruled segregation was constitutional as long as both races had equal facilities
Established the “separate but equal” doctrine
Brown v. Board of Education (1954)
Overturned Plessy decision on the grounds that “separate is inherently unequal”