1. The Judicial Branch AP U.S. Government & Politics 2015

2. Judicial Branch … Interprets the laws! What does that mean?

3. Courts Apply the law to specific cases/situations

4. Two Kinds of Disputes Criminal: a person is accused of breaking the law – Example: murder Civil: between two people or groups – Example: divorce, law suit

5. Two Parties Plaintiff: person bringing the complaint/ “wronged” party in civil case OR Prosecution: government charging accused person in criminal case VS. Defendant: person accused of breaking the law (criminal) or person accused of causing complaint (civil)

6. Members of the Court Judge: apply laws to case and make final decision and/or sentencing

7. Jury citizens; hear the facts of the case Chosen by voting registration, driver’s license, taxes Excluded: criminals, over 70, ill, illiterate Sent writ of venire facias (you must come) Types: Grand Jury – felony; decide if enough evidence for trial (indictment) Trial – 12 people, unanimous verdict Bench trial – no jury, judge decides

8. Interpreting the law A court decision may set a precedent Guidelines for how future cases should be determined Stare decisis – rely on precedent to form opinion on new cases Examples: Lemon v. Kurtzman (1970) created “Lemon Test” precedent Engel v. Vitale (1961) and Sante Fe v. DOE (1999)

9. Decisions: What does the law mean? Is it constitutional (SCOTUS)? Has a law been violated?  Can only interpret law when hearing a specific case; cannot interpret at will

10. The Court System Most legal cases, disputes and violations start at lower courts and are decided there Federalism: Federal courts hear cases related to federal law; state courts hear cases related to state law

11. Jurisdiction “authority” Who has the authority to hear the case?

12. Original Authority to hear a case for the first time Trial

13. Appellate Higher court reviews decisions to see if justice was served by lower court decision No “trial” … panel of judges/justices

14. Constitutional Article III SCOTUS – only court specifically mentioned in Constitution, all other courts created by Congress Judges can’t be fired, but can be impeached for “bad behavior” Appointed by President, confirmed by Senate

15. Federal Courts District: Original jurisdiction Criminal and civil cases 94 districts Just under 700 judges 300,000 cases a year

16. Federal Courts Appellate: No trial  3 judge panel No new facts 13 courts 168 judges hear about 35,000 cases a year

17. Supreme Court “Court of last resort” Precedents are binding Original and appellate jurisdiction Judiciary Act of 1789 – Established federal court system – Set # of justices at 6, there are now 9 (since 1869) Marbury v. Madison  judicial review FDR: “courtpacking” tried to increase number of justices to get SCOTUS to support New Deal

18. State Courts Highest state court/appeals (In Georgia, State Supreme Court) Lower state courts/trials (In Georgia, Superior courts then Intermediate Court of Appeals)

19. State courts handle cases involving: divorce and child custody matter probate and inheritance issues real estate questions, and juvenile matters most criminal cases, contract disputes, traffic violations, and personal injury cases Federal courts hear cases involving: the constitutionality of a law cases involving the laws and treaties of the U.S. ambassadors and public ministers disputes between two or more states admiralty law bankruptcy cases.

20. Federal Courts State Courts

21. Supreme Court Justices Who are they? John Roberts (C) Anthony Kennedy Ruth Ginsberg (L) Samuel Alito (C) Elena Kagan (L) Antonin Scalia (C) Clarence Thomas (C) Stephen Breyer (L) Sonia Sotomayor (L)

22. Sandra Day O’Connor 1 st female justice Conservative to moderate 1981 – 2005 (nominated by Reagan, succeeded by Alito) Swing vote in many cases

23. Thurgood Marshall 1 st African American justice Served by 1967-1991 Nominated by LBJ, succeeded by Thomas Lawyer for Brown v. BOE

24. Judicial Philosophies ** Judicial Activism = liberal Court should play active role in determining policies Loose interpretation of Constitution Should set precedents

25. Judicial Philosophies ** Judicial Restraint = conservative Court should avoid political and social questions Strict interpretation of Constitution Should not seek to set precedents ** Conservative and liberal not set in stone for justices, necessarily. Ex: Affordable Care Act/Roberts

26. How are they chosen? President appoints, Senate confirms

27. Things the President considers… Political Ideology – Same party or ideology – Balance court (race, religion, region, gender) Policies – Will support policies of the President Judicial Experience – Previous judicial experience and past case decisions Litmus test – Ideological Purity test  not too liberal or conservative – Key issues: Gay rights, abortion Acceptability – How controversial? – Will he/she uphold Constitution over personal beliefs?

28. The confirmation process After President nominates, Senate has to approve (majority) Confirmation hearing – nominees are asked questions about their personal life, career, finances Senate votes

29. Who influences nominations and confirmations? Interest Groups: support/oppose; lobbyists pressure senators American Bar Association: organization of attorneys; give ratings of justice nominees Current justices: support or oppose

30. Supreme Court Original Jurisdiction: Between 2 + states U.S. vs. State governments US and foreign ambassadors Constitutional issues ** this only makes up about 2-3 cases per year, most are appeals

31. Appellate Jurisdiction Writ of certiorari: order by SCOTUS for lower court to send up records in a given case for review Most involve serious constitutional issue or interpretation of federal act or treaty

32. Rule of Four SCOTUS clerk screens 9,000 petitions (writ of cert) Justices meet weekly to discuss petitions If 4 of 9 agree to hear, it is placed on the calendar Only about 75 cases are granted a year

33. SCOTUS at work Solicitor General – Handles all appeals on behalf of US government – Controls case schedule – 4 th ranking member in Justice Department – Current: Donald Verilli

34. Briefs Written statement arguing 1 side Relevant facts, legal principles, and precedents, as well as summary of lower court decisions “amicus curiae” = “friend of the court” – Submits brief because they want their opinion heard (most are abortion/affirmative action)

35. Oral Arguments Lawyers have 30 minutes each to speak to justices Emphasize major points of brief

36. Conference Justices meet in secret session to discuss and vote. Chief Justice presides. Each justice gives opinion. Roberts likes debate so this part is important in current SCOTUS

37. Opinions After decision is made, justices writes formal opinion – Explains decisions and how they voted – Issues of the case, precedents, guidelines for future cases Three types: – Majority: decision of 5+ – Concurring: voted with majority but for different reasons than majority opinion – Minority/Dissenting: vote against (4 or less)

38. Factors that Influence SCOTUS decisions 1. Precedents: stare decisis (let the decision stand) most SCOTUS cases are based on precedents from earlier cases – Example: Baker v. Carr and Wesberry v. Sanders Sometimes precedents are overturned – Example: Plessy v. Ferguson and Brown v. BOE

39. Factors that Influence SCOTUS decisions 2. Judicial Philosophy Judicial Activism or Restraint?

40. Factors that Influence SCOTUS decisions 3. Public Opinion Independent Branch – Appointed for life – Can’t decrease salary – Control own schedule (writ of cert) – Limited public access (no media, unless given permission) Still influenced though … – Appointed and confirmed, so their decisions and ideology matter – Constitution can be amended – Congress can change jurisdiction – Congress can change number of justices – Justices can be impeached – Sensitive to important issues of the nation (in other words, they’re human too!)