1. The Judicial Branch
Chapter 8

2. John Roberts
Chief Justice
John Paul Stevens
Antonin Scalia

3. Sonia Sotomayor
Anthony Kennedy
Stephen Breyer

4. Ruth Bader Ginsburg
Clarence Thomas
Samuel Alito

5. The Federal Court System
Chapter 8
Section 1

6. Purpose of the Courts
Courts settle civil disputes between private parties, a private party and the government, or the United States and a state or local government.
Each side presents its position.
The court applies the law and decides in favor of one or the other.

7. Purpose of the Courts
Courts also hold criminal trials for people accused of crimes.
Witnesses present evidence and a jury or a judge delivers a verdict of guilt or innocence.

8. Goal: Treat Every Person Equal
All accused people have the right to a public trial and a lawyer.
If they cannot afford a lawyer, the court will appoint and pay for one.
Accused people are considered innocent until proven guilty.
They may ask for a review of their case if they think the court has made a mistake (APPEAL).

9. The goal of the legal system is equal justice under the law.
This goal is difficult to achieve.

10. The Federal Court System
Article III established a national Supreme Court and gave Congress the power to establish lower federal courts.
Over the years, Congress set up three levels in the federal court system–district courts at the bottom, appeals courts in the middle, and the Supreme Court at the top.
Each state also has its own laws and court system.

11. Cases Heard in Federal Courts
Jurisdiction is a court’s authority to hear and decide cases.
The Constitution gives federal courts jurisdiction over eight kinds of cases.

12. #1 Cases involving the Constitution
If the law in question applies to the U.S. Constitution, a federal court hears the case.

13. #2 Violation of Federal Laws
Federal courts hear cases involving violation of federal laws.

14. #3 Controversies between states
Any disagreement between state governments winds up in federal court.

15. #4 Disputes Between Parties From Different States
Federal courts hear lawsuits between citizens of different states.

16. #5 Suites involving the Federal Government
If the U.S. government sues someone or someone sues the U.S. government, a federal court hears the case.

17. #6 Cases Involving Foreign Governments and Treaties
Federal courts hear disputes between a foreign government and either the U.S. government or an American private party.

18. #7 Cases Based on Admiralty and Maritime Laws
Admiralty and maritime laws concern accidents or crimes on the high seas.

19. #8 Cases Involving U.S. Diplomats
Federal courts hear cases involving U.S. diplomats.

20. Relation To State Courts
For most of these eight areas, federal courts have exclusive jurisdiction–only they may hear and decide such cases.
Most U.S. court cases involve state law and are tried in state courts.
In a few circumstances, the state and federal courts have concurrent jurisdiction–they share jurisdiction and either may hear the case.

21. __ 1. cases in which only federal courts have jurisdiction
__ 2. a court’s authority to hear and decide cases
__ 3. cases in which state and federal courts share jurisdiction
A. jurisdiction
B. exclusive jurisdiction
C. concurrent jurisdiction

22. Activity! Turn to pages 241 and 242
Review the 8 kinds of cases over which the federal courts have jurisdiction
Create your own example of a case that might be heard for each one.
This will count as a homework grade

23. How Federal Courts Are Organized
Chapter 8
Section 2

24. U.S. District Courts
District courts are the federal courts where trials are held and lawsuits are begun.
All states have at least one.

25. U.S. District Court
For all federal cases, district courts have original jurisdiction, the authority to hear the case for the first time.
District courts hear both civil and criminal cases.
They are the only federal courts that involve witnesses and juries.

27. U.S. Courts of Appeals
People who lose in a district court often appeal to the next highest level–a U.S. court of appeals.
Appeals courts review decisions made in lower district courts.
This is appellate jurisdiction–the authority to hear a case appealed from a lower court.

28. U.S. Court of Appeals
Each of the 12 U.S. courts of appeals covers a particular geographic area called a circuit.
A thirteenth appeals court, the Court of Appeals for the Federal Circuit, has nationwide jurisdiction.
Pg. 241

30. U.S. Court of Appeals Appeals courts do not hold trials.
Instead, a panel of judges reviews the case records and listens to arguments from lawyers on both sides.
The judges may decide in one of three ways: uphold the original decision, reverse the decision, or remand the case–send it back to the lower court to be tried again.

31. U.S. Court of Appeals
Appeals courts do not decide guilt or innocence or which side should win a suit.
They rule only on whether the original trial was fair and protected the person’s rights.
Most appeals court decisions are final.
A few cases are appealed to the Supreme Court.

32. U.S. Court of Appeals
One appellate judge writes an opinion that explains the legal thinking behind the court’s decision in the case.
The opinion sets a precedent or model for other judges to follow in making their own decisions on similar cases.

33. Federal Judges Each district court has at least 2 judges.
Each appeals court has 6 to 27 judges.
The Supreme Court has 9 justices.

34. How Federal Judges Selected?
Presidents appoint federal judges, with Senate approval.
They usually appoint judges who share their views.
Because judges serve for life, presidents view their appointments as an opportunity to affect the country after they leave office.

35. Federal Judges
As a senatorial courtesy, presidents submit their nominations for judge to the senators from the nominee’s state.
If either senator objects, the president withdraws the name and nominates someone else.
Once appointed, a judge can be removed only through impeachment.

36. Other Court Officials: Magistrates
Each district court has magistrate judges who do much of the judge’s routine work.
They hear preliminary evidence and determine whether the case should go to trial.
They decide whether accused people should be held in jail or released on bail.

37. Other Court Officials: U.S. Attorney
Every federal judicial district also has a U.S. attorney– a government lawyer who prosecutes people accused of breaking federal laws.
U.S. attorneys look into the charges and present the evidence in court.
They also represent the United States in civil cases involving the government.

38. Every federal judicial district also has a U.S. marshal.
Marshals make arrests, collect fines, and take convicted people to prison.
They protect jurors, keep order in the court, and serve subpoenas ordering people to appear in court.

39. __ 1. federal courts where trials are held and lawsuits are begun
__ 2. the authority of a court to hear a case appealed from a lower court
__ 3. courts that review decisions made in lower district courts
__ 4. the authority to hear cases for the first time
A. district courts
B. appeals courts
C. appellate jurisdiction
D. original jurisdiction

40. United States Supreme Court
Chapter 8
Section 3

41. Supreme Court Justices
The main job of the nation’s top court is to decide whether laws are allowable under the Constitution.
The Supreme Court has original jurisdiction only in cases involving foreign diplomats or a state.
All other cases come to the Court on appeal.

42. Supreme Court Justices
The Court chooses the cases it hears.
In cases the Court refuses to hear, the decision of the lower court stands.
The Court has final authority on cases involving the Constitution, acts of Congress, and treaties.

43. Supreme Court justices
Eight associate justices and one chief justice make up the Supreme Court. (9 total)
After deciding a case, the justices issue a written explanation, called the Court’s opinion.

44. Selection of Justices
The president appoints Supreme Court justices, with Senate approval.
The president’s decision may be influenced by the Justice Department, American Bar Association, interest groups, and other Supreme Court justices.

45. Background of the Justices
Supreme Court justices are always lawyers.
A successful law career, political support, and agreement with the president’s ideas are factors in who gets appointed.

48. Powers of the Court
The legislative and executive branches must follow Supreme Court rulings.
Because the Court is removed from politics and the influences of special-interest groups, the parties involved in a case are likely to get a fair hearing.

49. Judicial Review
The Court’s main job is to decide whether laws and government actions are constitutional, or allowed by the Constitution.
It does this through judicial review–the power to say whether any law or government action goes against the Constitution.

50. Marbury v. Madison
The Constitution does not give the Supreme Court the power of judicial review.
The Court claimed the power when it decided the case Marbury v.Madison.

51. Video: Marbury v. Madiosn

52. Background ”Midnight” Appointments
In 1800, John Adams was President. There was an election that year. Thomas Jefferson, who belonged to another political party, got elected. There were many positions in the federal government that were empty. Before he left office, President Adams tried to fill these positions with people who shared his ideas.

53. Background
President Adams appointed 58 new people. It was the responsibility of the Secretary of State, John Marshall, to "deliver the commissions," finish the paperwork, and give it to each of the newly appointed judges.

54. Background
Marshall delivered most of the papers. He was in a hurry, so he left some of the papers for the new Secretary of State, James Madison, to deliver

55. Background
When he came into office, President Thomas Jefferson told Madison not to deliver the papers to some of the people Adams had appointed.

56. Background
One of the individuals who didn't receive his papers was William Marbury, the newly names just of the peace for D.C. He sued James Madison and tried to get the Supreme Court of the United States to issue a writ of mandamus. A writ is a court order that forces an official to do something.

57. Background
Marbury argued that a law passed by Congress (the Judiciary Act of 1789) gave the Supreme Court of the United States the power to issue this writ. If the Court issued the writ, Madison would have to deliver the papers. Then Marbury would become a justice of the peace.

58. Background
The Supreme Court of the United States had to decide the case. The new Chief Justice of the United States was John Marshall. He was the same person who had been unable to deliver the paperwork in the first place!

59. Justice Marshal answered two questions
Did Marbury have a right to the commission?
YES-legally appointed. Madison’s refusal to deliver the commission violated Marbury’s right to the appointment.
Does the court of the power to issue the writ?
NO-Unconstitutional because the constitutional did not allow congress to create such a law. Congress can not expand the courts jurisdiction.

60. The Supreme Court of the United States declared that:
Marbury is entitled to the commission, but:  
The Court cannot issue the writ because the Judiciary Act of 1789, which granted the Supreme Court original jurisdiction to issue writs of mandamus, is unconstitutional.  
The Supreme Court of the United States has the power to review acts of other branches and determine their constitutionality. This power is called judicial review.

61. Marbury v. Madison
In the Court’s opinion, Chief Justice John Marshall set forth three principles of judicial review:
(1) The Constitution is the supreme law of the land.
(2) If a law conflicts with the Constitution, the Constitution rules.
(3) The judicial branch has a duty to uphold the Constitution.
Thus, it must be able to determine when a law conflicts with the Constitution and nullify that law.

62. Interpreting Laws
The power of judicial review serves as a check on the actions of the executive and legislative branches.
Congress writes laws in general language.
Through its rulings, the Supreme Court interprets the meaning of laws, helping the police and other courts apply them.

63. Limits on the Courts’ Power
The Court depends on the executive branch and state and local officials to enforce its decisions. Usually they do.
Congress can get around a Court ruling by passing a new law, changing a law ruled unconstitutional, or amending the Constitution.

64. Limits on the Courts Power
The president’s power to appoint justices and Congress’s power to approve appointments and to impeach and remove justices serve to check the power of the Court.
The Court cannot decide that a law is unconstitutional unless the law has been challenged in a lower court and the case comes to it on appeal.
The Court accepts only cases that involve a federal question.
It usually stays out of political questions.

65. Deciding Cases at the Supreme Court
Chapter 8
Section 4

66. How Cases Reach the Court
The Supreme Court conducts business each year from October until June or July.
Each month, the justices spend two weeks listening to oral arguments on cases and two weeks writing opinions and studying new cases.
The Court receives most of its cases on appeal from a lower court, but sometimes a lower court asks for a ruling because it is not sure how to apply the law in a case.

67. How Cases Reach the Court
Of the more than 7,000 applications each year, the Court agrees to hear fewer than 200.
The Court accepts cases that four of the nine justices agree the Court should review.
They usually select cases that involve important constitutional issues and cases that affect the entire nation.
Accepted cases go on the Court docket, or calendar.

71. Steps in Decision Making
Each accepted case goes through five steps: written arguments, oral arguments, conference, opinion writing, and announcement.
The lawyers first prepare a written brief that explains their side of the case.
The justices study the briefs.

72. #2 Oral Argument
Next, each side gets 30 minutes to present its case orally.
Then the justices ask tough questions.

73. #3 Conference
On Fridays, the justices meet privately to discuss the case.
A majority vote decides the case.

74. #4 Opinion Writing
After the Court reaches a decision, one justice writes a majority opinion.
It presents the views of the majority of justices.
The opinion states the facts, announces the ruling, and explains the Court’s reasoning in reaching the decision.

75. Opinion Writing
A justice who votes with the majority, but for different reasons, may write a concurring opinion.
The Court may also write a unanimous opinion when all the justices vote the same way.
One or more justices who disagree with the majority may write dissenting opinions.

76. #5 Announcement Finally, the Court announces its decision.
Printed copies of the opinion go to news reporters.
A copy is posted on the Court’s Web site.

77. Reasons for Court Decisions
The law is supposed to be the most important influence on a justice’s decision.
Justices consider how the language of the Constitution applies to the case.
They rely heavily on precedents, following the principle of stare decisis–“let the decision stand.”
By following precedents, courts make the law predictable and consistent.

78. Reasons for Court Decisions
At the same time, the law must be flexible to adapt to changing times.
The justices can overrule outdated precedents.
Social conditions also influence Court decisions.
When social conditions change, the Court may make new interpretations of the law.

79. Reasons for Court Decisions
For example, in Plessy v. Ferguson, the Court ruled that the Fourteenth Amendment permitted racial segregation.
However, by the 1950s, society’s views on segregation were beginning to change. 
In 1954, in Brown v. Board of Education, the Court ruled that school segregation violated the Fourteenth Amendment, overturning the precedent of “separate but equal.”

80. Reasons for court Decisions
Justices’ views of the law and the role of the courts also influence their decisions.
Like all human beings, justices see the world based on their own life experiences.
Their personal views and relationships influence their decisions.

81. A. docket B. brief C. majority opinion D. dissenting opinion
__ 1. a statement that presents the views of the majority of Supreme Court justices regarding a case
__ 2. a statement written by a justice who disagrees with the majority opinion, presenting his or her opinion
__ 3. a court’s calendar, showing the schedule of cases it is to hear
__ 4. the practice of using earlier judicial rulings as a basis for deciding cases
__ 5. a written document explaining the position of one side or the other in a case
A. docket
B. brief
C. majority opinion
D. dissenting opinion
E. stare decisis

82. Activity
Create a want ad for the position of Supreme Court Justice. The ad should:
Explain the appointment process
Explain the length of the term.
Include job requirements and qualifications.
Be creative in your attempt to attract people to work for the Supreme Court!