1. Judicial Branch

2. Article III: Established the Supreme Court
Section I establishes the Supreme Court and gives Congress the authority to establish other courts as they see fit.
Section II specifies the judicial power of the Supreme Court and discusses the Court’s original and appellate jurisdiction
Section III defines treason, and mandates that at least two witnesses appear in such cases.

3. Judiciary Act of 1789: passed by Congress to set up structure of Judicial branch

4. District Courts
Trial Court: court in which a case is originally tried (aka district courts)
Has original jurisdiction only

5. Federal Courts: District courts
Cases that involve:
U.S. law
Ambassadors or reps. from foreign nations
Two or more state govts.
Citizens of different states
Bankruptcy

6. Appellate Courts
This is when a person loses at the trial level and decides to appeal their case to a higher court
Appellate jurisdiction only

7. SCOTUS

9. Court’s Procedures
Only grants review to about 10% of cases appealed, those which inevitably will shape public policy

10. How a Case Reaches the Court
Writ of Certiorari: order from the court to a lower court to send up the records on a case for review
Either side may petition for one
90% are rejected
If rejected, the lower court’s decision stands

11. Selecting Cases
Choose based on the rule of four: 4 of the 9 Justices must agree to accept the case

12. Steps in Deciding Cases
1. Submitting Briefs
Written statement by lawyers setting forth the legal arguments, facts, and precedents supporting one side of a case
Amicus curiae briefs: “friend of the court”, sent by parties not directly involved in the case but who have an interest in its outcome

13. Steps in Deciding Cases
2. Oral Arguments
Each side is allowed 30 minutes to present their case

14. Steps in Deciding Cases
3. The Conference
Justices meet together to discuss the case
Majority of justices must be in agreement to decide a case
At least 6 justices must be present for a decision

15. Steps in Deciding Cases
4. Writing the Opinion
States the facts of the case, announces the Court’s ruling, and explains its reasoning in reaching the decision
There are 4 types of opinions

16. Opinions Unanimous Majority Concurring Dissenting
“Opinion of the Court”
Sets out facts of case and reason for their decision
Concurring
Agree with the majority but for a different reason as to why
Dissenting
Those who do not agree with the majority