1. Constitutional Guardians
The Judicial Branch
Constitutional Guardians

2. Introduction
Today, there are 51 court systems in the US (one for each state & a separate federal system)
95% of all cases are heard in state court- only 5% make it to federal court
Under the Articles of Confederation, there was no federal court
The Constitution established the Supreme Court and gave Congress the power to create all other federal courts

3. What is Jurisdiction?
Jurisdiction- the authority of a court to hear a case
There are 4 types of jurisdiction:
Exclusive- case can only be heard in a particular court
Concurrent- state & federal courts could both hear the case
Original- a court is the first to hear a case
Appellate- a court hears the case from a lower court on an appeal

4. Federal Courts can hear a case if:
The subject matter deals with the Constitution, a treaty, or a law passed by Congress
The subject matter arising on the high seas or navicable waters of the US
US Gov’t officials are involved
An ambassador or foreign minister are involved
A US citizen is suing a foreign gov’t
One of the parties are from the same state where both claim land in a different state

5. Federal District Courts
Federal Trial Courts of original jurisdiction hear both civil and criminal cases
District Courts handle 80% of all federal cases (300,000 cases a year)
89 Federal District Courts nationwide that are divided into 12 regions (circuits)
Over 600 judges preside over district courts

6. Federal Circuit Court
Created by Congress in 1891 to reduce the work load of the Supreme Court
Only has appellate jurisdiction
They hear 55,000 cases a year
Usually hear appeals from District Courts
12 of these courts nationwide
Approximately 180 judges
Judges usually hear cases in panels of three (en banc)

7. Supreme Court
Made up of a Chief Justice and 8 Associate Justices (9 in total)
Sometimes called “court of last resort”
Has both original and appellate jurisdiction, but almost always hears cases on appeal
7 to 8,000 cases appealed to Supreme Court each year but they only hear a few hundred

8. Judges
The president appoints federal judges and the Senate confirms the appointments
Most judges are leading attorneys, scholars, professors, or state judges
Terms:
Constitutional Court Judges- Life
Special Court Judges- 15 years
Pay:
Chief Justice $202,900
Associate Justices $194,200
Federal Circuit Court of Appeals judges $164,100
Federal District Court Judges $154,700

9. More on the Supreme Court
Cases arrive at the Supreme Court in 2 ways
From one of 50 State Supreme Courts
From one of the Circuit Courts of Appeals
Once a case has arrived on the docket, the Court decides rather or not to hear it

10. Hear or no Hear?
At least four justices must agree to hear a case before it is accepted
Writ of Certiorari- directs lower court to send up record of the case for review (appealing to the Supreme court is asking for a writ of “cert”---most are denied)
The Supreme Court will not usually hear a case unless it raises some important Constitutional question

11. Court Operation
The Court considers cases in 2 week cycles from October to May
Briefs are filed with the court that support each side of the case
Sometimes, the court hears oral arguments (each side gets 25 minutes to speak)
Justices meet in conference on Wednesdays and Fridays to consider cases
It usually takes months for the court to reach a decision (sometimes they speed up the process)

12. Decision Time A decision is made by majority vote
3 Opinions are written:
Majority Opinion- The official written opinion of the court
Concurring Opinion- A justice gives of different explanation of why he/she agrees with the majority
Dissenting Opinion- Justice(s) give an explanation of why they disagree with the majority

13. Influences on Opinion
Judicial Activism- a judge uses his/her opinion to promote desirable social ends (ex. Civil Rights, social welfare)
Judicial Restraint- a judge should defer his/her opinion to the actions of other two branches (expect when actions are clearly unconstitutional)

14. Who makes up the Supreme Court?
There are 4 justices considered to be conservatives on the Supreme Court
From L to R- Chief Justice John Roberts (50 yrs old- appointed by GW Bush), and associate justices Antonin Scalia (66- Reagan)

15. Who, Part II
From L to R-Associate Justices Samual Alito (55 yrs old- appointed by GW Bush), and and Clarence Thomas (54- H.W. Bush)

16. Who else?
There are 3 justices considered to be liberals on the Supreme Court
From L to R- Associate Justices John Paul Stevens (82 yrs old- appointed by Ford), Stephen Breyer (64- Clinton) and Ruth Bader Ginsburg (69- Clinton)

17. Who else, else?
There are 2 justices considered to be swing votes on the Supreme Court
From L to R- Anthony Kennedy (66- Reagan) and David Souter (63- H.W. Bush)

18. What are Special Courts?
Special Courts- courts created by Congress to hear certain cases
8 of these have since been created

19. Some Special Courts
US Court of Federal Claims- hears civil claims against the US Government
US Tax Court- hears civil cases dealing with taxes
US Court of Int’l Trade- hears civil cases arising out of trade related laws
Territorial Courts- Courts set up for US Territories (Guam, Puerto Rico)

20. Some more Special Courts
Court of Appeals for Veterans Claims- hears appeals from decisions made by the Dept. of Veterans Affairs
Court of Appeals for the Federal Circuit- hears appeals from the Court of Int’l Trade, Court of Federal Claims, and Court of Appeals for Veterans Claims
Military Court- conducted by military (court martial)
Court of Military Appeals- hears appeals from military court (civilian judges)