1. The Judiciary: The American Courts in Action

2. Hamilton on the Necessity of a National Judiciary
Articles of Confederation lacked a national judiciary which weakened the power of the central government
A Supreme Court was necessary to interpret (and reconcile) the laws of the state and local governments
The national judiciary would promote the rights and liberties of individual citizens

3. Origins of the Judiciary
Roman Republic codified laws and legal cases
1066 Normans conquered England and established a King’s Court/ Common Law System
Magna Carta was established in medieval England to protect the rights of the elite nobles from the power of the king

4. What types of Cases do Courts hear?
Most cases are resolved in the state courts:
Eg. Burglary (Criminal)
Eg. Divorce (Civil)
Two types of cases:
Criminal Law: The government charges an individual with violating one or more specific laws.
Civil Law: The court resolves a dispute between two parties and defines the relationship between them.

5. STARE DECISIS “To stand on decided cases”
Obligates judges to follow the precedents set previously by their own court or by higher courts
Judges rely on precedent in deciding cases
Remember the Marijuana case during our unit on Federalism?
The case Wickard v. Filburn set a precedent for the Supreme Court decision on Gonzales v. Raich

6. Federal District Courts (bottom level)
Original Jurisdiction: 94 courts that hear the case first and determine the facts
Deals with the following types of cases:
Federal crimes
Civil suits under federal law and across state lines
Supervise bankruptcy and naturalization
Review some federal agencies
Admiralty and maritime law cases
Supervision of naturalization of immigrants

7. Federal Courts of Appeal (Middle Level)
Appellate Jurisdiction: reviews the legal issues in cases brought from lower courts
Hold no trials and hear no testimony
12 circuit courts (sorted by geography)
13th Circuit Court of Appeals is for the Federal Circuit – specialized cases
Appellate Courts Focus on errors of procedure and law

8. SCOTUS (Top Level)
State Court Path
Federal Court Path

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p. 441

10. Need for the SCOTUS! Functions: Structure:
Ensures uniformity in interpreting national laws, resolves conflicts among states and maintains national supremacy in law
Structure:
9 justices: 1 Chief Justice, 8 Associate Justices
Each justice has 1 vote
Chief Justice makes a bit more money

11. What Types of Cases SCOTUS Hears
Only 1-3% of cases

12. How does SCOTUS hear cases?
SCOTUS picks its cases.
Writ of certiorari: An order by a higher court directing a lower court to send up a case for review.
Rule of 4: 4 Justices must agree to hear a case.
If SCOTUS refuses to hear a case, the decision of the last court to hear the case is final.

13. Accepted Cases Donald B. Verrilli The Solicitor General:
a presidential appointee in the Department of Justice
Four key functions:
Decide whether to appeal cases the government lost
Review and modify arguments presented in cases
Represent the government before the Supreme Court
Submit a brief on behalf of a litigant in a case in which the government is not directly involved
Donald B. Verrilli

14. Making Decisions Oral arguments heard by the justices
Justices discuss the case
One justice will write the majority opinion (statement of legal reasoning behind a judicial decision) on the case

15. SCOTUS in Action In session from Oct. – June
It hears oral arguments in two- week cycles (2 weeks of courtroom arguments and 2 weeks of reflecting on cases and writing opinions about them
Making decisions: Weekly conference meetings are held to discuss cases actually accepted and argued before the Court