1. Prior Knowledge What do you know about our Judicial System?
What do you think is FAIR about our Judicial System?
What do you think is UNFAIR about our Judicial System?

2. Judicial System Structure General Judicial Terms Supreme Court
Unit 2.4: Judicial System
Judicial System Structure
General Judicial Terms
Supreme Court

3. What sort of objects do you see?
Who is this?
What sort of objects do you see?
How are they symbolic?
Themis- Greek means order
Scales- weigh all the evidence before making a decision.
Sword- enforcement of the law; double edged sword in her right hand which divides with the power of Reason and Justice
Blindfold- justice if blind; everyone is equal before the law, no favorites

4. Judicial System Structure
“Dual Court System”
US has two separate court systems, federal and state.
Jurisdiction, authority of a court, determines which court system hears a case.
Can a person be charged in both federal and state courts for committing the same act?
YES!!!!! If the same criminal act broke both federal and state laws.

5. Judicial System Structure
Exclusive Jurisdiction- cases that can ONLY be heard in the federal courts
Concurrent Jurisdiction- cases that can be heard in federal AND state courts
Original Jurisdiction- trial court that hears a case for the first time
Appellate Jurisdiction- hears appeals from lower court decisions

6. Judicial System Structure
Types of Federal Courts
Constitutional Courts (Inferior Courts)
94 District Courts, 12 US Courts of Appeals, US Court of Appeals for Federal Circuit, US Court of International Trade
Special Courts (Inferior Courts)
US Court of Federal Claims, US Tax Court, Territorial Courts, US Court of Appeals for the Armed Forces, Courts of DC, US Court of Appeals for Veterans Claims
Supreme Court

8. Overview of Judicial System- 2:06

9. Warm Up
Why does it take 270 electoral votes to win the Electoral College?
What is the difference between Exclusive and Concurrent Jurisdiction?
What is the difference between Original and Appellate Jurisdiction?

10. United States Supreme Court The Roberts Court

11. United States Supreme Court
Who’s on the Supreme Court?
Supreme Court Jurisdiction
Supreme Court Operations

12. Who’s on the Supreme Court?
John Roberts
Chief Justice
Age – 59 years old
Appt by George W. Bush
Service since Sept 2005
Antonin Scalia
Associate Justice
Age – 78 years old
Appt by Ronald Reagan
Service since Sept 1986

13. Who’s on the Supreme Court?
Anthony Kennedy
Associate Justice
Age – 77 years old
Appt by Ronald Reagan
Service since Feb 1988
Clarence Thomas
Associate Justice
Age – 65 years old
Appt by George H.W. Bush
Service since Oct 1991

14. Who’s on the Supreme Court?
Ruth Bader Ginsburg
Associate Justice
Age – 81 years old
Appt by Bill Clinton
Service since Aug 1993
Stephen Breyer
Associate Justice
Age – 75 years old
Appt by Bill Clinton
Service Aug 1994

15. Who’s on the Supreme Court?
Samuel Alito
Associate Justice
Age – 64 years old
Appt by George W. Bush
Service Jan 2006
Sonia Sotomayor
Associate Justice
Age – 59 years old
Appt by Barack Obama
Service since Aug 2008

16. Who’s on the Supreme Court?
Elena Kagan
Associate Justice
Age – 53 years old
Appt by Barack Obama
Service Aug 2010

17. Who’s on the Supreme Court?
General Order of Ideological Leanings
From Most Conservative to Most Liberal
Clarence Thomas
Antonin Scalia
John Roberts
Samuel Alito
Anthony Kennedy – often the swing vote
Stephen Breyer
Elena Kagan
Sonia Sotomayor
Ruth Bader Ginsburg – most liberal

18. Who’s on the Supreme Court?
Appointed by the President
Confirmed by the Senate
Tenure of a Supreme Court Justice is stated in the Constitution - "shall hold their offices during good behavior"
Means holds office for life, unless impeached and convicted or retires

19. Supreme Court Jurisdiction
Supreme Court has both Original & Appellate Jurisdiction.
But most cases are appeals
Only about 1 or 2 cases a year are heard in Original Jurisdiction
Usually they involve controversies between 2 or more states.
How many cases do you think are appealed to the Supreme Court a year?
About 8,000
How many do you think are reviewed?
Between 100 to 150
Writ of Certiorari …..
is issued when the Supreme Court directs the lower court to send its records in a case so that the higher court can review it.
(sersh-oh-rare-ee)
"to be informed of, or to be made certain in regard to"

20. Supreme Court Operations
How would you imagine the Supreme Court hears their cases?
They hear Oral Arguments from 10 am to 3 pm.
In a case, the Supreme Court hears from each side for 30 minutes.
During which the Justices are allowed to interrupt to ask questions.
For each case the Justices have review the prior records and proceedings.
On Fridays, the SC Justices discuss the cases and decide on their ruling
1/3 of the Court’s rulings are unanimous.

21. Supreme Court Operations
Courts Opinions are written after a ruling has been made.
Majority Opinion- “Opinion of the Court”
Reasoning behind the Justices’ decision
This is used by the lower courts to follow precedent
Written or assigned by the Chief Justice. If the Chief Justice is in the minority, then senior most member
Concurring Opinion
Also written by a justice in the majority but may describe different reasoning used
Dissenting Opinions
Written by the Justices who do not agree with the majority
Expresses their opposition

22. Supreme Court Actions What is Judicial Review?
Power of the court to determine the constitutionality of a government action.
Judicial Restraint vs. Judicial Activism
Judicial Restraint – judicial philosophy in which people believe judges should decide cases based on the original intent of the Framers or those who enacted the statute involved in the case and on precedent.
In other words, courts should allow the states and the other two branches of the federal government to solve social, economic, and political problems

23. Supreme Court Operations
Judicial Restraint vs. Judicial Activism
Judicial Activism – judicial philosophy in which people believe judges should interpret and apply provisions in the Constitution and in statute law in response to ongoing changes in conditions and values of society.
In other words, courts should take an active role in solving social, economic, and political problems.

24. Judicial Restraint vs. Judicial Activism
Which do you think is better for the Supreme Court? What are some examples to support your case?