1. Judicial Branch

2. Section 1-2 A.The United States has a dual court system of state and federal courts. I.Jurisdiction of the Courts (pages 305–307) B.State courts have jurisdiction over cases involving state laws. C.Federal courts have jurisdiction over cases involving United States laws, foreign treaties, and the interpretation of the Constitution. D. In some cases, federal and state courts have concurrent jurisdiction. E. In the federal court system, trial courts are district courts that have original jurisdiction; federal courts of appeals have only appellate jurisdiction, or authority to hear cases appealed from district courts.

3. Section 1-3 I.Jurisdiction of the Courts (pages 305–307)

4. Section 1-5 A.The Supreme Court has become the most powerful court in the world; its power developed from custom, usage, and history. II.Developing Supreme Court Power (pages 307–308) B.No federal court, including the Supreme Court, may initiate action. C.Federal courts only determine cases; they never simply answer a legal question. D. Chief Justice Marshall’s ruling in Marbury v. Madison (1803) gave the Court power to review acts of Congress, or judicial review.

5. Section 1-6 E.Marshall broadened federal power at the expense of the states. F.Justice Taney emphasized the rights of states and those of citizens. II.Developing Supreme Court Power (pages 307–308)

6. Section 1-8 A.The Supreme Court’s rulings on the Reconstruction Amendments eventually applied these amendments to economic policy. III.Due Process and Regulatory Power (pages 308–310) B.In Plessy v. Ferguson (1896), the Court established the “separate but equal” precedent. C.In the Granger cases (1870s), the Court held that a state had the power to regulate railroads and other private property.

7. Section 1-9 D.After President Franklin D. Roosevelt’s Court-packing scheme of 1937 failed, the justices began to uphold laws regulating businesses. E.Under Chief Justice Earl Warren, the Supreme Court emerged as a major force in protecting civil rights, beginning with Brown v. Board of Education of Topeka (1954). III.Due Process and Regulatory Power (pages 308–310)

8. End of Section 1

9. Section 2-2 A.The federal district courts were created by Congress as trial courts for both civil and criminal cases. I.Constitutional Courts (pages 312–314) B.In criminal cases, there are two types of juries: a grand jury, which hears charges against a person accused of a crime, and a petit jury, or trial jury, which weighs the evidence presented at trial. C.District courts carry the main burden in federal cases. D. In the vast majority of cases, district courts render the final decision.

10. Section 2-3 E.Many appointed officials provide services for district courts. F.The 13 courts of appeals ease the appellate workload of the Supreme Court. G.The courts of appeals may decide to uphold the original decision, reverse the decision, or send the case back to the original court to be tried again. H. The Court of International Trade hears cases dealing with tariffs. I.Constitutional Courts (pages 312–314)

11. Section 2-4 I.Constitutional Courts (pages 312–314)

12. Section 2-6 A.Congress has created a series of legislative courts to help Congress exercise its powers. II.Legislative Courts (pages 314–316) B.The legislative courts established by Congress include the U.S. Court of Federal Claims, the United States Tax Court, the U.S. Court of Appeals for the Armed Forces, territorial courts, courts of the District of Columbia, the Court of Veterans’ Appeals, and the Foreign Intelligence Surveillance Court.

13. Section 2-8 A.According to the Constitution, the president has the power to appoint all federal judges, with the approval of the Senate. III.Selection of Federal Judges (pages 316–317) B.Presidents often appoint judges from their own political party. C.Presidents often appoint judges who share their own points of view on key issues.

14. Section 2-9 D.In selecting judges for trial courts, presidents follow the practice of senatorial courtesy. E.Almost all federal judges have had legal training; many have served as state court judges. F.Women and minorities have been appointed as judges in federal courts in increasing numbers since the mid-1970s. III.Selection of Federal Judges (pages 316–317)

15. Section 2-10 III.Selection of Federal Judges (pages 316–317)

16. End of Section 2

17. Section 3-2 A.The Supreme Court has both appellate and original jurisdiction. I.Supreme Court Jurisdiction (page 321) B.The Court has original jurisdiction over two types of cases: those involving representatives of foreign governments, and those in which a state is a party.

18. Section 3-4 A.Congress sets the number of Supreme Court justices. It has been nine since 1869. II.Supreme Court Justices (pages 321–323) B.The Court consists of eight associate justices and one chief justice. C.Congress sets the salary of the justices and may not reduce it. D. Congress may remove justices by impeachment for treason, bribery, or other high crimes and misdemeanors. E. The justices’ duties are not defined in the Constitution but have evolved from laws and through tradition, according to the needs of the nation.

19. Section 3-5 F.The justices’ main duty is to hear and rule on cases. G.The chief justice also provides leadership for the Court, presiding over sessions and conferences at which cases are discussed among the justices. H.The justices also have limited duties related to the 12 federal judicial circuits; on occasion they may serve on high-level commissions. II.Supreme Court Justices (pages 321–323)

20. Section 3-6 I.Law clerks chosen by the justices help them research cases, summarize key issues in cases, and assist in writing drafts of justices’ opinions. J.Most justices have been federal or state judges or have held other legal positions such as attorney general; most have considerable legal experience, are in their 50s or 60s, and come from upper socioeconomic levels. II.Supreme Court Justices (pages 321–323)

21. Section 3-8 A.Justices are appointed by the president and must be approved by the Senate; in the twentieth century most nominees were confirmed. III.Appointing Justices (pages 323–326) B.Political considerations often play a major part in presidential appointments to the Court. Members of the presidents’ own party usually are named if their prospects of winning Senate approval are good. C.The American Bar Association, a national organization in the legal profession, has played an important role in the selection of justices by rating nominees’ qualifications.

22. Section 3-9 D.Interest groups such as organized labor, civil rights groups, and the National Organization for Women attempt to influence Senators’ voting on nominated justices. E.Sitting Supreme Court justices may have considerable influence in the selection of new justices. III.Appointing Justices (pages 323–326)

23. Chapter Assessment 1

24. Section 1-2 A.During two-week sessions, justices hear oral arguments on cases and then meet in secret to make decisions. I.The Court’s Procedures (page 331) B.The justices consider arguments in cases they have heard and petitions from plaintiffs, and then write opinions for cases they have decided. C.Justices’ written opinions interpret the law and help shape public policy.

25. Section 1-4 A.The majority of referred Court cases concern appeals from lower courts. II.How Cases Reach the Court (pages 332–333) B.Most appeals concern cases in which a lower state or federal court has ruled laws unconstitutional. Cases the Court chooses not to hear are dismissed, and the ruling of the lower court becomes final. C.Most cases reach the Court by writ of certiorari, in which either side petitions that a lower court’s decision involved an error raising a serious constitutional issue.

26. Section 1-5 D.The solicitor general is appointed by the president and represents the federal government before the Supreme Court. E.The chief justice puts worthy certiorari cases on a list for discussion; two thirds of all certiorari cases never make the list. If four of the nine justices agree, a case is accepted. F.Some cases are decided by a brief, unsigned per curiam opinion; the rest are given the Court’s full consideration. II.How Cases Reach the Court (pages 332–333)

27. Section 1-6 II.How Cases Reach the Court (pages 332–333)

28. Section 1-8 A.Each side submits a brief detailing legal arguments, facts, and precedents. Parties not directly involved but with an interest in the case may submit amicus curiae briefs. III.Steps in Deciding Major Cases (pages 333–335) B.Lawyers for each side make oral arguments during which justices may ask questions. C.On Wednesdays and Fridays the chief justice presides over a secret conference, in which each single case is summarized and recommendations for handling it are made.

29. Section 1-9 D.The justices spend about 30 minutes debating each case. Each justice has one vote; a majority vote is needed to decide a case. E.The justices may issue four kinds of opinions: a unanimous opinion, a majority opinion, a concurring opinion, or a dissenting opinion. F.If the chief justice votes with the majority, he or she assigns a justice in the majority to write the Court’s opinion. If not, the most senior justice with the majority assigns a justice to write the opinion. III.Steps in Deciding Major Cases (pages 333–335)

30. End of Section 1

31. Section 2-2 A.The Court determines policy in three ways: I.Tools for Shaping Policy (pages 336–339) B.Using judicial review, the Court may examine laws and actions at all levels of government and cancel them if they violate the Constitution. 1. using judicial review; 2. interpreting laws; 3. overruling or reversing its previous decisions.

32. Section 2-3 C.The Court uses judicial review most often to review state and local cases, but sometimes its review of federal cases can have a tremendous impact on the nation, as in the Brown (1954) and Miranda (1966) cases. D.The Court’s interpretation of the very general language of laws allows it to decide how the law applies to specific situations. E.The Court’s rulings become precedents on which to base other, similar decisions; however, since times change, the Court may overturn or reverse its earlier decisions. Some Supreme Court decisions have resulted in great social upheaval. I.Tools for Shaping Policy (pages 336–339)

33. Section 2-4 I.Tools for Shaping Policy (pages 336–339)

34. Section 2-6 A.Generally, the Court’s decisions have dealt largely with civil liberties, economic issues, federal laws and regulations, due process, and suits against government officials. II.Limits on the Supreme Court (pages 339–341) B.The Court plays only a minor role in the area of foreign policy. C.Civil liberties cases make up the largest number of Court cases; appeals from prisoners comprise about one-fourth of its cases.

35. Section 2-7 D.By its rules and customs, the Court hears only cases where its decision will make a difference, not merely those which decide a point of law. Plaintiffs must have suffered real harm, or cases must involve a federal question. The Court avoids political issues. E.Since the Court can decide only those cases that come to it from elsewhere in the legal system, events beyond the Court’s control shape its agenda. The Court may signal its interest in a subject by taking on a specific case. II.Limits on the Supreme Court (pages 339–341)

36. Section 2-8 F.The Court’s power to shape public policy also is limited by its own limited ability to enforce its decisions. Noncompliance by other courts also is difficult to monitor. II.Limits on the Supreme Court (pages 339–341)

37. End of Section 2

38. Section 3-2 A.Justices must base their opinions on the law, not on personal opinions. I.Basing Decisions on the Law (page 343) B.The Court must interpret laws and relate their interpretations to the Constitution itself, relevant statutes, and legal precedents.

39. Section 3-4 A.Justices monitor important issues; some become identified with them. II.Views of the Justices (page 344) B.As justices retire, the majority voting blocs on certain issues may change.

40. Section 3-6 A.Modern justices meet for discussion, but they communicate mostly in writing. III.Relations Among the Justices (pages 344–345) B.Personal relations among justices may influence the Court’s decisions. C.The chief justice’s skillful leadership can help promote harmony.

41. Section 3-8 A.Although insulated from public opinion and political pressures, the Court needs public support; its authority depends in part on public acceptance. IV.The Court and Society (pages 345–347) B.Justices are influenced by the values and beliefs of society; their decisions usually reflect important societal changes.

42. Section 3-10 A.The power of presidents to fill vacancies on the Court, as every full-term president but Carter has done, gives presidents influence over the Court. V.Balancing the Court’s Power (pages 347–348) B.As head of the executive branch, the president is responsible for enforcing the Court’s decisions, but he or she may do so vigorously or with little enthusiasm. C.Congress has the power to limit the Court’s ability to hear certain cases; may propose a constitutional amendment to overturn a decision; may set, but not reduce, the justices’ salaries; and uses its confirmation power to shape the Court’s position on social issues.

43. Chapter Assessment 1