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The Judicial Branch The Supreme Court and other federal courts.

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1 The Judicial Branch The Supreme Court and other federal courts

2 I. Introduction to the Judicial Branch A.The Role of the Judicial Branch: Interpret the Law –The difference between what the law says and what it means is the courts responsibility –“Laws are dead letters” without interpretation

3 B. The Dual Court System: Federal and State Courts Responsibility Supreme Court US Federal Court of Appeals US Federal District Court PA State Supreme Court Court of Appeals (Superior/Common- Wealth) Common Pleas Municipal Phila/Pitts District/ Magisterial

4 C. Difference Between Criminal and Civil Cases 1.Criminal cases involve the breaking of a law - Law: a legal limit (examples - ) - crossing over such a limit can result in death, jail time, fine, community service or probation

5 2. Civil cases are non-criminal, a dispute between two parties - verdict can result in punitive damages or compensation ($), depending what side you are on - Examples: Divorce, suing for breaking contract 3. Plaintiff v. Defense in both criminal and civil cases -Plaintiff: person who brings charge or complaint -Defense: person charged Honda /Takata faulty airbag class action

6 What is this case an example of? http://www.youtube.com/watch?v=JyQ_ q2Ycl20http://www.youtube.com/watch?v=JyQ_ q2Ycl20 http://www.youtube.com/watch?v=3H6Y xAEVJdYhttp://www.youtube.com/watch?v=3H6Y xAEVJdY

7 II. The Constitutional Courts A.Article III of the Constitution establishes: 1. A National Court System 2.That the Judicial Powers of the U.S, are given to the Supreme Court, and inferior courts as Congress sees fit

8 B. Jurisdiction: authority of a court to hear and decide a case 1.Federal Court Jurisdiction a.Constitution is specifically broken b.Federal Statutes/Laws c.Admiralty / Maritime Law 2.Litigant Jurisdiction: persons involved in legal action a.The U.S. or officer of the U.S. b.A Foreign Government -or citizen c. State v. State (ex. NY v. NJ)

9 d.Citizen of one state v. Citizen of another state 3. Types of Jurisdiction a.Exclusive: only one court, usually, has jurisdiction b.Concurrent: can go to both state or federal court c.Original: the authority to hear the case in the 1 st instance d.Appellate: authority of a court to hear a case on appeal or review the decision of a lower court –Error in lower court or question of law d.Citizen of one state v. Citizen of another state 3. Types of Jurisdiction a.Exclusive: only one court, usually, has jurisdiction b.Concurrent: can go to both state or federal court c.Original: the authority to hear the case in the 1 st instance d.Appellate: authority of a court to hear a case on appeal or review the decision of a lower court –Error in lower court or question of law Concurrent /Exclusive?

10 III. The U.S. Supreme Court

11 Article Three Thomas Sotomayor Scalia Kennedy Alito Kagan Ginsberg Breyer Powers given to the Judicial branch. Chief Justice Roberts

12 A. Jurisdiction 1.Hears most cases on appeals from: a. Federal Appellate Courts b. Federal Legislative Appellate Courts (special courts) C. State Supreme Courts 2. Caseload a. Requested to hear 10+ thousand cases a year (file a writ of certiorari) b. court accepts ~100 on rule of four

13 B. The Role of the Supreme Court 1.) to “secure national rights” assure or protect the rights that belong to the people (ex. TX v. Johnson) 2.) to guarantee uniformity (sameness in US) Bottom Line: Cases are chosen that deal with more things than merely the people involved C. U.S. Supreme Court Procedure 1. The annual session a.dates: 9 mo. period, starting the 1 st Monday in October http://www.supremecourt.gov/ b. Schedule: 2 weeks in session, 2 weeks recess

14 2. Presentation of Cases a. Schedule: Mon-Thurs b. Lawyers: already submitted briefs and judges are ready to discuss and ask questions c. Oral Arguments: ½ hr each (can be extended), justices interrupt and ask questions and make points http://www.supremecourt.gov/visiting/visitorsguidetooralargument.aspx 3. The Conference a. Schedule: Friday b. Private: nobody but justices, no official record c. Procedure: open discussion and debate, then vote

15 4. The Opinions of the Court: a. The side of the court with the most votes writes the majority court opinion (outcome of case) b. Dissent written by minority D. Jobs a.Justice -appointed by President, confirmed by Senate -background: lawyer, law professor, lower court judge -Length of Term: life or good conduct -Associate Compensation: $244,400 -Chief Justice Compensation: $255,500 b. The U.S. General Attorney: lawyer for the U.S. Loretta Lynch in since April 2015


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