1. The Judicial Branch Unit 6

2. The creation of The Federal Court System The Constitution granted: The Supreme Court Appellate jurisdiction The Supreme Court Appellate jurisdiction The Supreme Court Original jurisdiction over a select few issues The Supreme Court Original jurisdiction over a select few issues Congress the power to create lower courts Congress the power to create lower courts The Judiciary Act of 1789 created: The Federal Court System The Federal Court System Marbury vs. Madison (1803) gave: The power of judicial review The power of judicial review

3. The Federal Court System

4. Supreme Court Courts of Appeals District Courts

5. Lower Courts District Courts: Possess original jurisdiction over most cases heard in the federal courts Possess original jurisdiction over most cases heard in the federal courts Will hear both criminal and civil cases Will hear both criminal and civil cases Only federal court to use juries Only federal court to use juries 94 district courts in the U.S. 94 district courts in the U.S. Courts of Appeals: Possess appellate jurisdiction Possess appellate jurisdiction 13 courts in the U.S. 13 courts in the U.S.

6. Special Courts Court of Federal Claims Court of Federal Claims Territorial courts Territorial courts Court of Appeals for the Armed Forces Court of Appeals for the Armed Forces Court of Appeals for Veterans Claims Court of Appeals for Veterans Claims U.S. Tax Court U.S. Tax Court

8. Marbury vs. Madison Problem: Adams appointed Federalists to fill judicial positions before he left office Adams appointed Federalists to fill judicial positions before he left office Cause: Jefferson halted appointments Jefferson halted appointments William Marbury goes to the Supreme court to challenge Jefferson William Marbury goes to the Supreme court to challenge Jefferson

9. Marbury vs. Madison Ruling: 1. Supreme Court cannot stop Jefferson 2. Supreme Court gives itself the power of Judicial Review

10. “The authority, therefore, given to the supreme court, by the act establishing the judicial courts of the United States, to issue writs of mandamus to public officers, appears not to be warranted by the constitution; and it becomes necessary to enquire whether a jurisdiction, so conferred, can be exercised. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If then the courts are to regard the constitution; and the constitution is superior to any ordinary act of the legislature; the constitution, and not such ordinary act, must govern the case to which they both apply.

11. Federal District Jurisdiction Original jurisdiction Any interpretation or application of the U.S. Constitution, federal law, or treaty Any interpretation or application of the U.S. Constitution, federal law, or treaty Any question of maritime law Any question of maritime law A case involving The United States, a U.S. official, or U.S. agency A case involving The United States, a U.S. official, or U.S. agency Disputes between U.S. citizens of different states Disputes between U.S. citizens of different states Civil suits under federal law Civil suits under federal law

12. Civil Law v. Criminal Law Criminal Law Offense against Society. Punishment: Jail, fine, or death. Burden of Proof: “Beyond a reasonable doubt (98%-99%).” Civil Law Offense against an individual or organization. Punishment: No jail. Just reimbursement for loss Burden of Proof: “Preponderance of the evidence (50%+)”

13. Supreme Court Jurisdiction Original jurisdiction A case involving a foreign diplomat A case involving a foreign diplomat Disputes between states Disputes between states Disputes between the U.S. and a state Disputes between the U.S. and a state Disputes between U.S. citizens of different states Disputes between U.S. citizens of different states

14. Judges Appointed by the President and approved by the Senate Appointed by the President and approved by the Senate Constitutional Court judges serve a life term Constitutional Court judges serve a life term Special Court judges have term limits Special Court judges have term limits Judges can only be removed if they retire, die, or are impeached by the Senate Judges can only be removed if they retire, die, or are impeached by the Senate

15. Qualifications Formal Formal: Constitution… none Informal Informal: Competence Ideology Political rewards Political pressure Religion Race/ethnicity/gender

16. Nomination process 1. 1. FBI background check 2. 2. ABA approval 3. 3. Senate Judiciary Committee investigation 4. 4. Senate Judiciary Committee hearing 5. 5. Senate Judiciary Committee vote 6. 6. Senate vote for approval

17. The Supreme Court Consists of 9 justices Consists of 9 justices The final authority over all legal questions in the U.S. The final authority over all legal questions in the U.S.

18. Supreme Court’s process 1. The case is decided in either the State Supreme courts or a lower Federal court 2. Either side in a case requests a writ of certiorari (an order by the Supreme Court to the lower courts to send up all info regarding the case) 3. The Supreme Court will: Act on stare decisis Act on stare decisis Send the case back to the lower-court for reconsideration Send the case back to the lower-court for reconsideration Act on the Rule of 4 Act on the Rule of 4

19. Supreme Court’s process 4. Briefs are filed by the lawyers 1. Amicus Curiae briefs are filed 5. Oral arguments are made by lawyers for both sides 6. The justices meet in a closed conference to discuss and debate the case (a majority vote decides the case)

20. Supreme Court’s decision When the opinion of the court is reached a justice in the majority opinion is assigned to write The Majority Opinion The majority opinion is based on precedence and will become precedence for future cases The majority opinion is based on precedence and will become precedence for future cases Concurring opinions can be written by justices who agree with the majority in order to add emphasis Concurring opinions can be written by justices who agree with the majority in order to add emphasis Justices who disagree with the majority opinion can write a Dissenting opinions (important incase the Supreme court reverses its own opinion in the future) Justices who disagree with the majority opinion can write a Dissenting opinions (important incase the Supreme court reverses its own opinion in the future)