1. The Federal Judiciary

2. Functions of the Court

3. Three Functions of Courts
Interpreting the Laws
Settling Disputes
-- Resolving arguments
Setting Precedents
“guiding principles” that may be followed in later, similar cases

4. Jurisdiction of the Court

5. Jurisdiction Definition: court’s authority to hear a case
Federal vs States
Federal Courts:
Cases involving federal law, treaties, and the interpretation of the Constitution
State Courts:
Cases involving state law

7. Dual Court System US Supreme Court State Courts Federal Courts
State Supreme Court
US Federal Courts of Appeals
(Circuit Courts)
12 (13)
Court of Military Appeals
State Courts
Of Appeal
Court of
Claims
State District Courts
(local trials)
US Federal District Courts 94
Court of International Trade

8. Types of Jurisdiction Original Jurisdiction: Appellate Jurisdiction:
hear cases for the first time
Appellate Jurisdiction:
courts hear reviews or appeals of decisions from lower courts

9. Dual Court System US Supreme Court State Courts Federal Courts
State Supreme Court
US Federal Courts of Appeals
(Circuit Courts)
12 (13)
Court of Military Appeals
State Courts
Of Appeal
Court of
Claims
State District Courts
(local trials)
US Federal District Courts 94
Court of International Trade

10. Structure of the Federal Courts

11. Structure of the Federal Courts
District
Courts
(94)
Circuit
Courts
(12+1)
Supreme Court
(1)

12. CIRCUIT COURTS of APPEAL
DISTRICT COURTS
CIRCUIT COURTS of APPEAL
State or part of a state
AREA
Circuit – group of states
Total = 94
Each state has at least 1
Larger states have up to 4
NUMBER OF COURTS
Total =
Original
JURISDICTION
appellate

13. GA has three federal district courts

14. The Federal Court System

15. The Structure of the Federal Judicial System

16. CIRCUIT COURTS OF APPEAL
DISTRICT COURTS
CIRCUIT COURTS OF APPEAL
Federal laws: Criminal cases & Civil cases
Constitutional issues
TYPES OF CASES HEARD
Cases appealed from lower district courts
Trial Courts: Hears and decides cases
Apply LAW to the FACTS of the case
JOB
REVIEW CASES decided by lower courts for errors
Apply LAWS to the PROCESS
Judge and jury
WHO HEARS
CASES
Panel of 3 judges

17. Appointing Federal Judges
Term of Service: LIFE
Constitutional Requirements: NONE
Nomination Process:
Appointed by Pres, approved by Senate

18. The U.S. Supreme Court

19. Composition of the Court

20. Composition of the Supreme Court
Requirements
NONE in the Constitution!!
Characteristics of Justices
White males (only 4 women have ever served – 3 now on court)
Lawyers with judicial experience
Usually same party as appointing president

21. Composition of the Supreme Court
Number of Justices 9
1 Chief Justice
8 Associate justices 21

22. Current Supreme Court

23. Chief Justice John Roberts

24. Composition of the Supreme Court
Number of Justices 9
1 Chief Justice
8 Associate justices
Term of Office
Life!
Term of Court
First Monday in October to June 30

25. Current Supreme Court Members
Chief Justice
Year Appointed
President
John Roberts, Jr.
2005(CJ)
George W. Bush
Associate Justices
Anthony M. Kennedy
1988
Reagan
Clarence Thomas
1991
George H.W. Bush
Ruth Bader Ginsburg
1993
Clinton
Stephen Breyer
1994
Samuel A. Alito , Jr.
2006
Sonia Sotomayer
2009
Obama
Elena Kagan
2010
Vacancy
2017
Trump

26. President
Harry Truman
Dwight Eisenhower
John Kennedy
Lyndon Johnson
Richard Nixon
Gerald Ford
Jimmy Carter
Ronald Reagan
George Bush
Bill Clinton
George W. Bush
Barack H. Obama
Donald Trump
Party
Democrat
Republican
Appointments 4 5 2 1 3
???

27. Anthony Kennedy Clarence Thomas Ruth Bader Ginsburg Stephen Breyer
Name
Date of Accession
Appointed by
General ideology
Anthony Kennedy
1988
Ronald Reagan
Moderate/Swing
Clarence Thomas
1991
George H. W. Bush
Conservative
Ruth Bader Ginsburg
1993
Bill Clinton
Liberal
Stephen Breyer
1994
John Roberts
Chief Justice
2005
George W. Bush
Samuel Alito
2006
Sonia Sotomayor
2009
Barack Obama
Elena Kagan
2010
(Neil Gorsuch)
2017
Donald Trump

28. Development of the Court
Marbury v. Madison (1803)

29. The Early Court First session of the Supreme Court:
initially had to be adjourned when a quorum of the justices failed to show up
Later, the court decided only one major case.
Relatively low status – not equal to Leg or Exec branches
One associate judge left to become chief justice of a state supreme court.

30. Marbury v. Madison (1803) and Judicial Review
What Happened in this case:
Marbury sued Sec. of State Madison to get his appointment as a federal judge
Midnight Appointments – Adams appoints his supporters to newly created judgeships as he leaves office to prevent Jefferson from making them
Marbury never receives his letter of appointment so he sues new Sec. of State James Madison for it directly to the Supreme Court

31. Marbury v. Madison (1803) and Judicial Review
What Happened in this case (cont):
John Marshall (Chief Justice) found that the Congressional statute (Judiciary Act of 1789) extending the Court’s original jurisdiction was unconstitutional
Note: He agreed that Marbury was due his appointment but Marshall (the Court) couldn’t give it to him because it has no jurisdiction to hear the case

32. Marbury v. Madison (1803) and Judicial Review
Importance:
Establishment of Judicial Review:
power of the Court to strike down laws as unconstitutional
Court can declare actions of Congress and/or president unconstitutional

33. How Cases Reach the Supreme Court

34. Three Ways a Case Reaches the Supreme Court
Original Jurisdiction
Rarely used
Case begins at Supreme Court
Must involve:
two or more states,
US v. State,
diplomats,
state v. citizen of another state

35. Three Ways a Case Reaches the Supreme Court
Appellate Jurisdiction
Come from lower federal courts OR highest state court
Involves federal law

36. Three Ways a Case Reaches the Supreme Court
Writ of Certiorari (ser-shee-oh-rare-ee)
Most come this way
Petition for Court to hear a case
All petitions must meet two criteria:
Come from US court of appeals or highest state court
Must involve a federal question – interpretation of Constitution, federal law or treaty
They reject more than 90% of requests

37. Selecting Cases Rule of Four How many cases does Court hear each year?
Cert granted when at least four justices vote to hear a case
How many cases does Court hear each year?
75-80, out of maybe 10,000 requests!

38. Supreme Court Caseload, 1950-2004 Terms

39. The Supreme Court at Work
Steps in Deciding Supreme Court Cases

40. Submitting Briefs What is a brief? Who submits them?
Written legal argument outlining each party’s points of law.
Who submits them?
Lawyers for each side

41. Submitting Briefs Amicus curiae brief
"friend of the court" -- someone who is not a party to the litigation, but who believes that the Court's decision may affect its interest.
Some studies have shown a positive correlation between number of amicus briefs filed in support of granting certiorari, and the Court's decision to grant certiorari. 
Some organizations file friend of the court briefs in an attempt to "lobby" the Supreme Court, obtain media attention, or impress members.

42. Oral Arguments Each side is given 30 minutes
Mostly answer questions posed by the Justices
The Justices have read their briefs prior to argument and are thoroughly familiar with the case, its facts, and the legal positions that each party is advocating.

43. Supreme Court Chambers

45. Conference
Justices meet in private (closed even to staff) to discuss the cases
take a preliminary vote on each case

46. Example Calendar

47. Writing the Opinion of the Court
What does “opinion of the Court” mean?
Decision of the Court

48. Writing the Opinion of the Court
Types of Opinions
Majority:
decision of the Court (statement explaining the court’s decision)
Concurring:
Agrees with the majority but stress a different legal reason
Dissenting opinions
oppose the majority

49. Who writes the opinion?
If the Chief Justice is in the majority on a case decision, he decides who will write the opinion.
If the Chief Justice is in the minority, the Justice in the majority who has the most seniority assumes the assignment duty

50. Steps in Supreme Court Cases

51. Judicial Philosophies
Judicial Activism v. Judicial Restraint

52. Judicial Philosophy and Decision Making
Judicial restraint:
courts should allow the decisions of other branches of government to stand, even when the judges may not personally agree
Judicial activism:
judges should use their power to further justice, especially in the areas of equality and personal liberty