1. The Judicial Branch
Chapter 8

2. The Federal Court System
Supreme Court top court in the US
Goal is “equal justice for all”
Accused considered innocent
Federal court system created in Article III of the Constitution
Established Supreme Court, gave Congress power to establish lower federal courts
1789 Judiciary Act, established federal district courts and circuit courts of appeals
1891 System of appeals courts created
Three levels: District Court, Appeals Court, Supreme Court
Exists alongside state court systems

3. The Federal Court System
Jurisdiction over the following 8 kinds of cases (courts authority to hear cases)
Cases involving the Constitution
Violations of Federal Laws
Controversies between states
Disputes between parties from different states
Suits involving the federal government
Cases involving foreign gov’t
Cases based on admiralty and maritime laws
Cases involving U.S. diplomats

4. The Federal Court System
Relation to State Courts
In some areas federal courts have exclusive jurisdiction, state courts have jurisdiction over all other matters
Cases heard in either a state or federal court, concurrent jurisdiction, they share jurisdiction
Someone has broke both federal and state laws, option to have the trial in either the federal court or state court
Citizens of different states where $50,000 involved

5. How Federal Courts Are Organized
U.S. District Courts
94 District Courts (all states have at least one district)
Federal courts where trials are held and lawsuits are begin
All federal cases must begin in a district court (original jurisdiction)
Responsible for determining facts of cases
Trial courts for criminal and civil cases, only district courts where witnesses testify and juries hear cases

6. How Federal Courts Are Organized
U.S. Courts of Appeals
Next level of court system (appellate courts, federal appeals court)
Review decisions of lower district courts
Have appellate jurisdiction
Review cases where lower court applied law incorrectly, review regulatory agency rulings
12 U.S. courts of appeals, geographic area called a circuit
13TH court, Court of Appeals for the Federal Circuit, nation wide jurisdiction (patent law, international trade)

7. How Federal Courts Are Organized
Appeals courts do not hold trials
Decide appeals in one of 3 ways
uphold the original decision,
reverse the decision,
remand the case where it must be tried again
Panel of 3 or more judges review case, listen to arguments
Announcing the Decision
One judge writes an opinion (a detailed explanation behind the decision)
Sets a precedent for all courts, gives guidance to other judges hearing similar cases

8. How Federal Courts Are Organized
Selection and Tenure of Federal Judges
President appoints Federal judges, share his opinion on politics and issues
Gives president opportunity to affect country after he leaves office
Have to be approved by Senate
Appointed for life
Judge only removed through impeachment, allows judges to make decisions knowing job is safe

9. How Federal Courts Are Organized
Other Court Officials
Magistrate Judges: issue court orders, hear preliminary evidence, decide whether case should go to trial, whether accused should be held or released
U.S. Attorneys: gov’t lawyers, prosecute people accused of breaking federal laws, represent U.S. in civil cases; appointed to 4 year terms by president
Report to Attorney General
U.S. Marshals: make arrests, collect fines, take people to prison, protect jurors, keep order in courts, serve legal papers including subpoenas

10. The United States Supreme Court
Supreme Court has original jurisdiction in only two instances:
cases involving diplomats from foreign countries,
cases which state is involved
All other cases come from appeals from lower federal courts
When it refuses to hear a case, decision from lower court upheld
8 associate justices led by a chief justice
Main duty is to hear and rule on cases

11. United States Supreme Court
The Supreme Court Justices
Selection of Justices
President appoints Supreme Court justices, with consent of Senate
Chosen based on political views and motives, receive help from justice department
Senate has rejected many presidential nominees, doubts on the candidate’s qualification (1 in 5)
Background of the Justices
Always lawyers, been successful judges or lawyers
First African American justice Thurgood Marshall (1967)
First female justice Sandra Day O’Connor (1981)

12. United States Supreme Court
Judicial Review
Main job of Court- decide whether laws or actions by gov’t officials are constitutional
Judicial review, power to say whether any federal, state, or local law against the Constitution
Constitution does not give court power of judicial review
Court claimed power Marbury v Madison case (1803)
Question over judges appointed by Adams at the end of his term
Marbury took case to Supreme Court
Chief Justice Marshall ruled Marbury’s claim was valid (ruled that Judiciary Act gave the court powers it shouldn’t have and Marbury lost his case)

13. United States Supreme Court
Three important principles of judicial review:
Constitution is the supreme law of the land
Conflict between the Constitution and any other law, Constitution rules
The judicial branch has duty to uphold the constitution
Decision helped make the judicial branch equal in power to executive and legislative branches
Supreme Court also interprets
language of the law

14. United States Supreme Court
Limits on the Courts’ Power
Checking the Court
Presidents are supposed to follow the court’s decisions but this has not always happened
In Worcester v. Georgia (1832)- Jackson refused to carry out Supreme Court decision
Congress can get around Supreme Court ruling passing new law, changing a law deemed unconstitutional
President can also keep the Court in check by appointing people to the court who will work with him
Tries to stay away from political questions

15. Deciding Cases at the Supreme Court
How Cases Reach the Court
Acceptance
Supreme Court meets October -July
Each month justices spend 2 weeks listening to oral arguments, 2 weeks in recess (writing opinions, studying new cases
Most cases the Supreme Court receives are appeals from lower federal court and state courts
7,000 cases to review a year
Only select those that 4 of 9 justices agree to review; accepted cases go on the court docket, or calendar
Justices give a higher priority to the cases that involve constitutional issues, civil liberties, cases that affect the entire country

16. Deciding Cases at the Supreme Court
Written Arguments
Brief (written document explaining side) submitted by each side that the justices will study
Oral Arguments
30 minutes given to each side to summarize the case, judges often ask questions
Conference
Fridays – secret meetings (no one else is there, and no minutes kept) – justices debate the case and decide on where they stand

17. Deciding Cases at the Supreme Court
Opinion Writing
Opinion states facts and reasoning for the decision
Set a precedent for lower courts to follow
Chief Justice determines who will write the opinion, written opinion sets a precedent for future cases, communicates Court’s views to the public
Majority Opinion
Dissenting Opinion
Concurring Opinion
Announcement
Announced after the opinion writing is completed.
Printed and given to the press and on the court’s website

18. Reasons for Court Decisions
The Law
Stare decisis (let the decision stand) following precedent, makes law predictable
Law can be flexible, courts can overrule outdated precedent
Court decisions can clarify meaning of Constitution
Social Conditions
As society changes court makes changes in the law
1890’s Plessy vs. Ferguson; 1954 Brown vs. Board of Education
Two different interpretations of the 14th Amendment

19. Reasons for Court Decisions
Legal Views
Judges have varying views on role of courts
Some judges active- want to hear many types of cases
Others hesitant to use court to promote new ideas and policies
Personal Beliefs
Judges have different experiences that affect their viewpoints