Judicial Branch -Article III of Constitution -Job is to interpret the laws -Only Court mentioned in the Constitution is the Supreme Court- all lower courts were created by the Judiciary Act of 1789.
Section 1 1.What phrase is on the United States Supreme Court building? 2.List 2 things that make it difficult to achieve equal justice? 3.What Article describes the court system? 4.What circuit court covers North Carolina? 5.What are the 3 levels of the federal court system? 6.If a case can be heard in either a state or federal court they are said to have _______ ________. Section 2 1. The federal court system can be described as a ____________. 2. Does every state have a district court? 3. What 2 types of cases do district courts hear? 4. How many US courts of appeals are there? 5.Each one covers an area called a _________________. 6.Appeals courts can decide a case in what 3 ways? 7.According to the Constitution how do federal judges get their jobs? 8.What are the requirements to be a federal judge? 9.Explain Senatorial courtesy. 10.How long does a federal judge hold their position? 11.What does a magistrate judge do?
Federal Court Jurisdiction 1.The Constitution 2.Federal Laws- kidnapping, tax evasion, counterfeiting 3.Disputes between states. 4.Citizens of Different states 5.The Federal Government 6.Foreign Governments and treaties 7.Admiralty and Maritime Law 8.US Diplomats
Types of jurisdiction Jurisdiction- the power to hear a case Exclusive jurisdiction- only federal courts can hear this case. Concurrent jurisdiction- state and federal courts share power to hear this case
Judges Need to Know Sheet Appointed by the, President, Approved by the Senate No established requirements Supreme Court is made up of 9 justices- 8 Associate justices led by a Chief Justice Serve for life unless: Retire Death Impeachment
Other Court officials Magistrate- take care of judges routine work- search warrants- court orders US Attorney- the lawyer for the government. US Marshal- make arrests, collect fines, keep order in court and protect courtroom and jurors- transport prisoners
Marbury v. Madison Established the Supreme Courts power of Judicial Review- the ability to declare a law unconstitutional
Supreme Court cases Court works for 9 months per year Each year about 7,500 cases are appealed to the Court- they hear less than 100. If they choose to hear a case it is put on the court docket- or calendar.
1. Each side writes a brief- a written explanation of their argument of the law 2. Each side is given 30 minutes for oral arguments- they answer questions of the justices. 3. On Fridays the Justices conference- meet to discuss the cases and make decisions- based on majority rule- 5 votes to win 4. Write the decisions called opinions 5. Announcement
Types of Opinions 1.Majority opinion- facts of the case, ruling of the court, and reasons for ruling. Every case must have one. 2.Dissenting opinion- written by a justice who opposes the outcome. 3.Concurring opinion- agrees with the majority but for a different reason. 4.Unanimous opinion- when all the justices agree
Reasons for Decision 1.The Law- always most important 2.Changing social conditions- reversing an earlier decision 3.Different legal views Strict interpretation- all the powers that the government has are listed in the Constitution. Loose interpretation- the Constitution grants more power then what is written in it. 4. Personal beliefs Stare decisis- “let the decision stand”- use of precedent.