1. The Judicial Branch

2. The Constitution and the National Judiciary
Article III of the Constitution establishes:
a Supreme Court in which the judicial power of the United States is vested
life tenure or 'good behavior' for judges
judges receive compensation that cannot be diminished during their service
such inferior courts as Congress may choose to establish
the original jurisdiction of the Supreme Court
The intent of Article III was to remedy the failings of the Articles of Confederation which left judicial matters to the states.

3. The Creation of the Federal Judicial System: Judiciary Act of 1789
The American legal system is a dual system:
state courts--actually 50 different “systems”
federal courts
Both systems have three tiers (established by the Judiciary Act of 1789):
trial courts--litigation begins and courts hear the facts of the case at hand (original jurisdiction)
appellate courts--decide questions of law, not fact (appellate jurisdiction)
high or supreme courts

4. Judicial Review
Judicial review is the power of a court to decide if a law or other legal issue contravenes the Constitution, and to then overturn it.
This power is not mentioned in the Constitution.
Judicial review was established by the Marshall Court for itself and posterity in Marbury v. Madison (1803).
Marbury’s long-term effect has been to allow the Court to have the final say in what the Constitution means.

5. Judiciary Act of 1891 This act expanded the court system.
It created the middle level of the three tier system know as the court of appeals/ circuit courts.
Circuit riding was SC justices and district judges traveling around circuits to hear cases.
After a period of time the courts of appeals were made to hear appeals form federal or state judicial system.

6. The basis of US Law Two types of Law:
Common law which is made by judges deciding cases.
Code law which is enacted primarily by legislation and chief executives.

7. Language of US Law
Litigation: refers to the process by which cases are brought and decided in the American legal system.
Plaintiff: the party bringing the case to court.
Defendant: a person defending themselves against plaintiffs accusations.

8. Types of Law Cases Civil Law Cases Criminal Law Cases
Law dealing with the rights and relationships of private citizens.
Plaintiff: the person who file suit.
Defendant: One against whom a legal charge has been made.
Criminal Law Cases
Type of law dealing with crimes and providing for their punishment.
Constitutional Law Cases
Type of law relating to the interpretation of the Constitution.
Federal Court has jurisdiction

9. Language of US Law cont…
Tort: a wrongful act involving a personal injury or harm to one’s property or reputation.
At the appellate level the plaintiff and defendants titles change to:
Petitioner: also called appellant; party seeking the lower courts decision reviewed.
Respondent: also called appellate; the party opposing the hearing of a case by an appellate court.

10. Common Law and its history
Law created by the courts and binds all courts to consider similar cases in the future.
Schiavo case
Cruzan vs. Missouri
It started after the Norman invasion to unify England.
Nobles realized that it could limit the crown
The Magna Carta was based off of Common law.
In common law the Jury provides a check on the government.

11. Stare Decisis “Let the decision stand”
This means judges must abide by the legal precedent, that is legal authority that previous case established.
This also insures consistency in the judicial system.

12. Code Law
By the early 20th century Congress and the states started creating laws to regulate individual behaviors and organizations to deal with an array of issues.
Ex: USA Patriot Act

13. Sources of US Law The five sources of US law are:
The US and state Constitutions
Statutes
Judicial decisions
Executive orders
Administrative and regulatory law

14. Federal and State Constitutions
Constitutions are the highest form of law in the land.
They act as the blue print of government as well as provide structure for the three branches of government.
Constitutional law is the body of law that comes out of the courts in cases involving the interpretation of the Constitution.
Government can challenge SC rulings.
Ex: Prayer in school

15. Statute Laws written by legislatures.
US code: a compilation of all the laws passed by the U.S. Congress
Ex: agriculture, bankruptcy, highways, postal service, and war and defense.

16. Judicial Decisions Based on the principal Stare Decisis
These cases tend to occur in courts of last resorts.
Judges write an opinion justifying their ruling
Judicial opinions then become part of common law.

17. Executive Orders
The authority to issue an executive order is the law making power held by the President and governors.
The U.S and state constitutions grant this power.

18. Administrative Law
Administrative law centers on rule making authority that legislators grant to bureaucrats.
It allows bureaucrats to act as quasi legislators in creating, implementing and interpreting administrative rules.

19. Federal Court System
It is said to be a dual court system: a two part judicial system such as that of the U.S./ Federal and State.
All cases originate from a trial court, which is were the case is heard for the first time and where the facts of the case are determined.

20. Jurisdiction of Federal Courts
Jurisdiction is the power of a court to hear a case and to resolve it , given to a court by either a constitution or a statute.
Federal question: a question of law based on interpretation of the U.S constitution, federal laws, or treaties.

21. Jurisdiction of the Courts
Jurisdiction: The right to interpret and apply the law; a courts range of authority.
Federal Courts
Reps of foreign nations
Maritime law (law of the sea)
Bankruptcy cases
Two or more state governments
Citizens of different states
A state and a citizen of a different state or country
U.S. laws and treaties under the Constitution

22. Jurisdiction of the Courts
Exclusive Jurisdiction
The authority of the federal courts alone to hear and rule in certain cases.
Concurrent Jurisdiction
The authority to hear cases shared by the federal and state courts.
Original Jurisdiction
The court’s authority to hear a case for the first time.
Appellate Jurisdiction
The court’s authority to hear cases on appeal.

23. Federal District Courts
Structured like a pyramid
There are 94 federal district courts at the bottom of this pyramid. Trial courts
Judge and jury decide what happened in the case and then apply the law.

24. US court of Appeals
Middle of the pyramid are the 13 courts of appeals. Was originally 9 courts.
Twelve of those are in circuits or regions of the country. The 13th is in D.C.
179 judges.
1st circuit has 6 judges/ Smallest
9th circuit has 28 judges/ Largest
Each circuit has a chief judge in it./ The judge with the most seniority but under age 65
Panel is made up of three judges.

25. US court of Appeals cont.
Never have original jurisdiction.
Decide whether errors occurred in the original trial.
The Court of International Trade
Hears cases related to tariffs and trade.
Military appeals
Tax court
Veteran Appeals

26. U.S. District and Appellate Courts
Insert map from page 445 in new edition (Map from page 410 in 9e)
Administrative Office of the United States Courts (January 1983).

27. Race/Ethnicity and Gender of District Court Appointees

28. Federal Judges Selection Criteria Experience and Background
Almost all have law degrees, but come from a variety of backgrounds.
Party Affiliation
President usually picks someone from their own party.
Political Ideology
Conservatives select conservatives, liberals select liberals.
Race and Gender
Thurgood Marshall: First African American on Supreme Court
Sandra Day O’Connor: First female
Senatorial Courtesy
The president first asks the Senators from the Judges home state to approve of the selection

29. Selection Process
Judges have lifetime positions and can only be removed by impeachment.
13 have been impeached, 7 convicted.
The President’s Choice (Who he consults)
Congress
Agencies within the Executive Branch
Sitting judges and justices
Prospective nominees
American Bar Association

30. Selection Process Senate Confirmation Selection Gridlock
Senate Judiciary Committee interviews nominee and makes a recommendation.
If the committee does not recommend, the candidate is usually rejected.
28 of the 146 Supreme Court nominees have not passed.
Selection Gridlock
Gridlock: when nothing gets done
Increases workload of the courts.

31. The Supreme Court Today
According to a 1990 poll, only 23% of Americans knew how many justices sit on the Supreme Court, and two-thirds could not name a single member.
In 1998, a poll of teenagers showed that only 2% could name the Chief Justice.
The Supreme Court, and the federal court system, have a number of powers and some significant limitations.
The courts are peopled by individuals who, like all of us, are influenced by participation in society.

32. The United States Supreme Court

33. Current U.S. Supreme Court Members

34. Supreme Court In Action
Pool Memo
Discuss list
The U.S. Supreme Court grants a writ of certiorari to a very small number of cases every year
Three factors to determine whether a case is accepted.
If different decisions have been made by the lower courts.
If lower court conflicts with previous Supreme Court decision.
If the issue is significant beyond the two parties involved in the case.
Rule of Four

35. Supreme Court Cont. Hearing Cases
Petitioner has 45 days to submit a brief and 30 days on the opposing side
Cases heard on Monday, Tuesday and Wednesday, from October to June.
Hearing is public. Oral arguments
Interest Groups and other political actors file amicus curae briefs with the Court- 90 was the largest number- affirmative action at University of Michigan
Try to influence decision to grant cert (or not grant cert)
Also try to influence the decision

36. Supreme Court Cont. Deciding the Case
Justices meet privately after the public meeting.
1/3 of decisions are unanimous.
Majority Opinion: View of the justices who agree with a particular ruling.
Dissenting Opinion: View of one or more justices who disagree with the ruling.
Concurrent Opinion: Opinion of one or more justices who agree with the majority’s conclusion, but for differing reasons.

37. How the Justices Vote Legal Factors Judicial Philosophy Precedent
Judicial Restraint - advocates minimalist roles for judges
Judicial Activism - feels that judges should use the law to promote justice, equality, and personal liberty.
Precedent
Prior judicial decisions serve as a rule for settling subsequent cases of a similar nature.

38. Arguments for Judicial Activism
Courts should correct injustices when other branches or state governments refuse to do so
Courts are the last resort for those without the power or influence to gain new laws

39. Arguments Against Judicial Activism
Judges lack expertise in designing and managing complex institutions
Initiatives require balancing policy priorities and allocating public revenues
Courts are not accountable because judges are not elected

40. Landmark Court Cases Miranda v. Arizona Marbury v. Madison (1803)
United States v. Nixon
South Dakota v. Dole
Texas v. Johnson
Bush v. Gore
Marbury v. Madison (1803)
McCulloch v. Maryland (1819)
Dredd Scott v. Sanford (1857)
Plessey v. Ferguson (1896)
Brown v. Board of Education of Topeka, Kansas (1954)
Roe v. Wade (1973)
Gibbons v. Ogden
Munn v. Illinois
Gitlow v. New York
Gideon v. Wainwright
Clinton v. City of New York

41. Constitutional Courts
Federal court with constitutionally based powers and whose judges serve for life.
Created by Judiciary Act of 1789
The District Courts
Primary Trial Courts in the Federal System
Where most federal cases go.
Grand Jury: a group of people who evaluate whether or not there is enough evidence to try a person.
Petit Jury: jury that decides a person’s innocence or guilt. Trial Jury