1. How should we handle conflict?
The Judicial Branch
How should we handle conflict?

2. How to stop undue influence?
Article III
Bill of Rights (4th, 5th, 6th, 7th, 8th amendments)

3. Federal Courts Constitutional Courts Formed under Article III
Includes district courts, courts of appeals, and the US Court of International Trade.
Also called the regular courts
Special Courts
Do not have the broad “judicial powers of the United States”
Have a much narrower focus on cases
Also called legislative courts or Article I courts.

4. Dual Court System Federal and State Courts
Federal court system spans the country with over 100 courts
State court system has thousands of courts (most cases heard here)
Jurisdiction is the courts authority to hear a cases
Subject Matter
Federal courts may hear a case if it involves a “federal question” ie federal law, treaty, Constitutional issue
Parties Involved
Does the case involve the United States, an ambassador, state v. state, citizen v. state

6. Jurisdiction Exclusive
Cases that can only be heard in federal cases, but not state. And vice versa.
Concurrent
Cases that can be tried in either federal or State court.
Original
When the case is first heard or the case of first instance
Appellate
A case that is heard on appeal from a lower court

7. Federal Judges
President nominates, Senate confirms. –Article II, Section 2, Clause 2
Most come from the following backgrounds: attorney, legal scholar, law professor, former member of congress, and State court judges.
Judges of constitutional courts are appointed for life
Judges of special courts have terms of 8-15 years.

8. Judicial Philosophy Judicial Restraint
Judges should decide based on original intent of framers and precedent
Precedent is a judicial decision that serves as a guide for settling later cases of a similar nature
Judicial Activism
Judges should interpret the Constitution and state law in light of the ongoing changes in society

10. The Supreme Court Marbury v. Madison Judicial Review Jurisdiction
Original (1 or 2 per term)
2 or more states
Cases brought against public ministers or ambassador
Appellate (writ of certiorari)
Most cases are heard this way
8,000 appealed and a few hundred accepted

11. Supreme Court at Work Schedule (Teacher Time)
The term starts on the first Monday in October, and goes into the early summer of the next calendar year.
Path of a case
View cases and deliberate on which to accept (4 must agree)
Solicitor General helps with this
Hear oral arguments
Read written briefs (lawyers, friend of the court)
Meet in conference
Announce a decision and give opinions

13. Opinions of the Court Majority Opinion Concurring Opinion
The official ‘Opinion of the Court.’
Sets out facts of the case, issue presented, precedent, and reasons for decision
Concurring Opinion
Agrees with the majority opinion, but for different reasons
Dissenting Opinion
Disagrees with majority
Do not become precedent
Establishing precedent
“Let the decision stand”
Future similar cases are expected to follow the same decision

14. Who is on the Court today?
John G. Roberts-Chief Justice
Anthony M. Kennedy- Associate Justice
Clarence Thomas- Associate Justice
Ruth Bader Ginsburg- Associate Justice
Stephen G. Breyer- Associate Justice
Samuel A. Alito- Associate Justice
Sonia Sotomayor- Associate Justice
Elena Kagan- Associate Justice
Neil Gorsuch- Associate Justice

16. The Inferior Courts
Any court below the Supreme Court created by congress through the power of the Judiciary Act of 1789
District Courts
Federal Court of Appeals
Special Courts

17. Federal District Courts
Handles 80% of the federal caseload (350,000 cases a year)
Criminal Case
Tried for committing a federal crime as declared by congress
Danger to society
Civil Case
Involves noncriminal matter
Not a danger to society, but plaintiff is seeking money from the defendant
Decisions are Final (for the most part)

19. Court of Appeals
Congress created the courts of appeals in 1891 to ease the burden on the Supreme Court.
Less than 1% of their decisions reach the Supreme Court
There are 13 courts of appeals today.
The nation is divided into 12 circuits, each with its own court of appeals.
Each court of appeals hears cases on appeal from one of the district courts within its circuit.
The 13th has nationwide jurisdiction

20. Special Courts Military Courts Veteran Claims Court of Federal Claims
Territorial Courts
District of Columbia Courts
Tax Court