1. Judicial Branch

2. 1) Who are these people? 2) Can you name all 9?

4. Justice Role of the Courts courts use the law to settle civil disputes
to help ensure that equal opportunities are available to all people
courts use the law to decide the guilt or innocence of people accused of crimes

5. Justice Equal Treatment “Justice is Blind”
the goal of the legal system is to treat every person the same regardless of who they are
every person has the right to have a public trial with a lawyer
the accused who cannot afford their own lawyer will have one appointed
defendants are innocent until proven guilty

6. Justice Equal Treatment is Difficult to Achieve
Although “Justice is Blind” the people involved in the justice system are not
judges and juries are not free from personal prejudices
wealth determines the quality of lawyer a defendant can afford

7. Federal Courts
“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.”
US Constitution, Article III, section 1

8. Federal Courts Jurisdiction The Constitution Federal Laws
a person who believes a Constitutional Right has been violated can be heard in federal court
Federal Laws
people accused of federal crimes are tired in federal courts
also civil cases involving federal laws
Disputes Between States
disputes between two state governments
Supreme Court has original jurisdiction
Citizens from Different States
two people from different states have a lawsuit

9. Federal Courts Jurisdiction The Federal Government
if the federal government is part of a lawsuit
if the federal government takes a person or company to court
Foreign Governments, Ambassadors, and Treaties
Supreme Court has original jurisdiction
Admiralty and Maritime Laws
any crimes or incidents that take place on the high seas / international waters involving a US vessel
US Diplomats

10. Federal Courts Types of Jurisdiction Exclusive Jurisdiction
only the federal courts may hear the case
Concurrent Jurisdiction
the case can take place in either the state or the federal

11. Federal Courts US Courts of Appeals
also called federal appeals courts, circuit courts of appeals, circuit courts, appellate courts
have appellate jurisdiction
do NOT conduct trials
each has from 6 to 28 judges (based on how busy it historically has been)
review procedure from a case in federal district court
may review actions of federal regulatory agencies

12. Federal Courts

13. Federal Courts Organization of US Courts of Appeals
there are a total of 13 federal appeals courts
12 circuit courts that hear appeals from their geographic area (or circuit)
1 Court of Appeals for the Federal Circuit located in Washington, DC that hears special cases that cover the entire nation

14. Federal Courts Decisions of the US Courts of Appeals
the goal is to make sure that a defendant received a fair trial
after reviewing the procedure of a case appealed to it, appeals courts may:
uphold the lower court’s decision
reverse the lower court’s decision
remand the case back to the district court (often times with changes that need to be made)

15. Federal Courts Decisions of the US Courts of Appeals
opinion is the official decision of the appeals court
it sets out how the court feels about the way the lower court handled the case
any rulings it makes in the opinion becomes precedent

16. Federal Courts Precedent Common Law
the Supreme Court and appellate courts can not seek out an issue and have both sides bring it to court, it must wait for people themselves to take someone to court over the issue
precedents are not new laws but help clarify existing laws
Common Law
decisions from higher courts must be followed by lower courts
an opinion by the Supreme Court must be followed by everyone

17. Federal Courts US District Courts federal trial courts
federal lawsuits begin here
have original jurisdiction
there are 94 US District Courts
conduct trials complete with witnesses and evidence, and a jury that gives a verdict
every state has at least one federal district court

18. Federal Courts Federal Judges president appoints, Senate approves
typically, the president chooses someone with the same ideas about politics, justice and issues
Life Tenure: federal judges may have their job for life, unless removed by the impeachment/removal process
the goal have life tenure is to put judges above politics, instead of having to please voters with their ideas they can best serve the Constitution

20. Federal Courts Magistrates issue search and arrest warrants
hear preliminary evidence to determine if a case should be brought to trial
determine bail
may hear minor cases

21. Federal Courts US Attorneys a lawyer for the US government
they have at least one deputy
prosecute criminals
represents the US government in lawsuits
(appointed to 4-year term by the president with Senate approval)

22. Federal Courts US Marshals federal police officer make arrests
collect fines
escort convicts to prison
protect jurors
keep order in federal courts
serve legal papers (such as subpoenas)

23. Summary
Organization
Of Federal
Courts

24. 1 Court of Appeals for the Federal Circuit
The US Supreme Court
12 US Courts of Appeals
1 Court of Appeals for the Federal Circuit
94 US District Courts

25. 94 US District Courts Original Jurisdiction Conducts trials
Witnesses testify
Evidence is presented
Juries hear cases and reach verdicts
94 US District Courts

26. 12 US Courts of Appeals Appellate Jurisdiction
Can review a case if an individual who loses a case in district court believes the laws were applied unfairly
Does not determine guilt or innocence
12 US Courts of Appeals
Writes opinions detailing the reasons for their decision – establishes precedent
Three options:
Uphold the district court’s decision
Reverse the district court’s decision
Remand the case

27. Supreme Court Jurisdiction
Original Jurisdiction in only two cases; cases involving diplomats from foreign countries & in disputes between states
Hears cases that have been appealed from lower district courts or federal regulatory agencies
Does not hear all cases it receives; chooses those it wishes to hear
Final authority in any case involving the Constitution, acts of Congress, and treaties with other nations
Decisions of the Supreme Court are final

28. Supreme Court Organization Nine Justices- One Chief & Eight Associate
Background of Justices
Always Lawyers, even though no legal requirement for this
Political support & agreement with President’s ideas also important
Organization
Nine Justices- One Chief & Eight Associate
Congress sets the number and has the power to change it
Selection of the Justices
President appoints Supreme Court justices, with Senate approval
Vacancies emerge when Justices die or resign
Choose judges who are likely to be approved

29. Decision Making Process
Written Arguments
Lawyers prepare a brief, or a written document that explains one side’s petition on the case
Justices study the briefs
Oral Arguments
Lawyers present oral arguments
30 minutes in length
Conference
Justices meet and discuss the case in secret
A majority (5 of 9) decides a case, and at least 6 justices must be present for a decision
Opinion Writing
Majority opinion- presents the views of the majority of the justices on a case
Concurring opinion- Justice who agrees with the Majority, but has different reasons
Dissenting Opinion- Justices who oppose the Majority opinion issue a dissenting opinion
Unanimous Opinion- All justices vote the same way
Reasons for Decisions
The Law
Stare Decisis-Let the Decision Stand; by following precedent, courts make laws predictable
Changing Social Conditions- Plessy v. Ferguson & Brown v. BOE
Differing Legal Views & Personal Beliefs