1. THE ROLE THE FEDERAL COURTS
The Judicial Branch
THE ROLE THE FEDERAL COURTS

2. What Courts Do solve matters involves laws created by legislature
criminal law: is person(s) innocent or guilty?
civil law: settles disagreement
The Parties in Conflict
Civil case
Plaintiff – brings case (complaint) to court
Defendant – answers or defends himself in court
Criminal case
Prosecution (“The People”)– government body that brings a criminal charge against the defendant
Ex. The People of the State of Michigan vs. Mrs. Jennifer Leuneberg
(State of Michigan vs. Leuneberg)

3. The Members of the Court
Judge – applies law, directs court proceedings (must remain neutral)
Jury – decides the facts of the case (guaranteed by Constitution)

4. Interpreting the Law What does the law mean?
Is it allowed by the Constitution?
Can have broad effects! SET A PRECEDENT – makes the meaning of law or Constitution clearer
Ex. Brown vs. Board of Education (1954) made all segregation laws unconstitutional.

5. State & Federal Courts
most cases begin in state courts, broad cases may skip ahead to federal courts
Original jurisdiction – the court to which a case first goes
Can appeal – ask a higher court to review the decision
Appellate jurisdiction – court that hears the appeal
Affirm
Let previous decision stand
Reverse lower court’s decision
State Level:
Trial courts
Appeals courts
Court of final appeals

6. Cases Heard by Federal Courts
Cases involving federal laws and issues beyond the authority of individual states.
Cases appealed from state supreme courts

7. THE ORGANIZATION OF FEDERAL COURTS
Article III

8. Organization of Federal Courts
Judiciary Act (1789) – created district courts and courts of appeals

9. The District Courts each state has at least one
some states may have more
each district has between 1 and 28 judges
courts of original jurisdiction

10. The Court of Appeals 12 in U.S. Moves up from district courts
Takes cases from geographic area known as circuit
No jury, no witnesses, no evidence
Only arguments heard by a panel of 3 judges
CLICK HERE FOR 6TH DISTRICT COURT OF APPEALS
Location: Cincinnati, Ohio

11. The Supreme Court highest court in the land
Major purpose – final court of appeals
Original jurisdiction in
cases involving representatives of foreign governments
disputes between state governments

12. Special Federal Courts
Courts of Federal Claims
Court of Customs & Patents Appeals
U.S. Court of International Trade
Bankruptcy Court
Tax Court
U.S. Court of Federal Claims (right)
U.S. Tax Court (below)

13. Judges Federal Court Judges
must be impartial (favor neither one party or the other)
clarify laws
appointed by President; confirmed by Senate
Nine Supreme Court Justices – Homework???
Roberts Court (2011)

14. THE SUPREME COURT

15. Judicial Review
the power to overturn any law which the Court decides is in conflict with the Constitution. (the final say!)
Marbury vs. Madison (1803)
William Marbury sues James Madison, Secretary of State (wants job promised by former President James Madison)
Case directly to Supreme Court (Judiciary Act 1789 & original jurisdiction)
Marbury (left) and Madison (right) Justice Marshall delivered the opinion (below)

16. Judicial Review
Courts opinion: Supreme Court only has appellate jurisdiction
Marbury’s case is unconstitutional
Justice John Marshall: Because they uphold the law, they can also declare a law unconstitutional
Gives the Supreme Court great power!

17. The Justices - Nine
high moral standards, knowledge of the law, the Constitution, and American history
no Constitutional qualifications
Appointed by President; approved by Senate
112 Supreme Court justices
All but six have been white men

18. Most Recent: Elena Kagan
In 2010, President Barack Obama nominated Elena Kagan for appointment to the U.S. Supreme Court to replace retired Justice John Paul Stevens. Her nomination was confirmed by the United States Senate in August 2010 by a vote of

19. The Work of the Supreme Court
Selecting Cases
Appeals from federal/state courts
Hear it or let lower court’s decision stand
Hearing Arguments
Each side submits a written argument
Each side (attorney) presents oral argument (1/2 hour only)
Justices often ask questions during this time

20. The Work of the Supreme Court
Making a Decision
Chief Justice leads meeting regarding case; offers opinion
Comments and vote
Can change vote during opinion-writing

21. The Work of the Supreme Court
Writing Opinions
Opinion – explain decision (show how law is applied or how Constitution is interpreted)
Majority opinion – winning side (author assigned by Chief Justice if he/she is in the majority)
Concurring opinion – agree with decision, but for different reasons
Dissenting opinion – written by those who disagree with decision

22. Influences on Decision Making
Consider past decisions and all precedents
What was the intention of the lawmakers?
Try not to let personal values/beliefs interfere
Appointed by President (usually represent his values)

23. A Changing Court Since 1950s the Court has had three personalities
The “Warren Court” ( )
Chief Justice Earl Warren
Miranda v. Arizona
Judicial activism – effort by judges to take an active role in policy-making (by often overturning past decisions)
(Above) The Warren Court
(Right) Ernesto Miranda

24. A Changing Court The “Burger Court” (1969-1986)
The Burger Court (left)
Norma McCorvey, a.k.a. Jane Roe in 2001 (right)
The “Burger Court” ( )
Chief Justice Warren Burger
Judicial restraint – effort by judges to avoid overturning laws and to leave policy-making up to legislatures/executive
Was responsible, however, for Roe v. Wade

25. A Changing Court The “Rehnquist Court” (1969-2005)
Limited federal government over states
The “Roberts Court” (2005-?)
For what will it be known?

26. The Court and the Other Branches of Government
The President’s Power
Appoints justices – only when Justice dies/retires

27. The Court and the Other Branches of Government
The Power of Congress
Approves appointees
Public opinion (example: Harriet Miers)
Of 148 nominees, 30 have not been confirmed
last close call: Clarence Thomas
Can introduce/pass an amendment to overrule Supreme Court Decision
Example: Dred Scott decision