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Chapter 18 Notes: Judiciary Branch

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1 Chapter 18 Notes: Judiciary Branch
American Government Chapter 18 Notes: Judiciary Branch

2 National Judiciary Dual Court System
There are 2 separate court systems in the United States The national judiciary (federal courts) spans the country Each of the 50 states has its own system of courts (state courts) – the state courts hear the majority of cases in this country

3 Federal Courts The Constitution created the Supreme Court and gave Congress the power to create the inferior courts An example of a case with exclusive jurisdiction, or one that can only be heard by a federal court, would be a case involving an ambassador or a case involving violation of a patent or copyright Many cases may be tried by either the state or federal court – concurrent jurisdiction – ex: disputes involving citizens of different states

4 Appointment of Judges The manner in which federal judges are chosen, the terms they serve, and the salaries they are paid are vital parts of the Constitution’s design The President may nominate, with the advice and consent of the Senate, Supreme Court judges and all other federal judges There are 94 U.S. district courts and 13 U.S. circuit courts of appeal in the U.S. – there are 678 district court judges Federal judges and Supreme Court justices are appointed for a life term

5 Judges There are 9 Supreme Court Justices – 1 Chief Justice and 8 Associate Justices John Roberts is the current Chief Justice of the U.S. Supreme Court Most judges are drawn from ranks of leading attorneys, legal scholars, state judges, members of Congress, and law school professors Congress sets the pay of all federal judges. They may retire at age 70, and if they have served for at least 10 years, they receive a full salary for the rest of their lives, or if they have served for at least 15 years, they may retire at age 65

6 District Courts Of the 94 federal district courts, 89 are divided into districts throughout the 50 states. The other 5 federal district courts are located in: Washington D.C., Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. The federal courts hear over 300,000 cases a year Most of the decisions made in the 94 federal district courts are final; however, some are appealed.

7 Structure of U.S. District, Appeals Courts and Supreme Court

8 Supreme Court Over 8,000 cases are appealed to the Supreme Court each year. The court only accepts a few hundred each year to review for a decision. Rule of Four – to hear a case, at least 4 of the 9 justices must agree that a case should be placed on the court’s docket. The Supreme Court ‘sits’ from the first Monday in October until sometime in June or July. Each term is identified by the year in which it began. We are now in the 2014 term.

9 Supreme Court As a rule, justices consider cases in 2-week cycles from October to early May They hear oral arguments in several cases for 2 weeks; then the justices recess for 2 weeks to consider those cases they just heard. When the Supreme Court is hearing oral arguments, it convenes at 10 a.m. on Mondays, Tuesdays, and Wednesdays – sometimes Thursdays. The lawyers have only 30 minutes to make their oral arguments. The lawyers must file a brief, or written, detailed statement, before oral arguments are made.

10 Supreme Court On most Wednesdays and Fridays, the justices meet in conference. In the closest of secrecy, they discuss and consider the cases which they have heard. Each judge states his or her views, beginning with the Chief Justice and then in the order of seniority.


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