Chapter 8 The Judicial Branch

Federal Courts 3rd branch of government 3rd branch of government use the law to settle disputes between individuals & to decide guilt or innocence use the law to settle disputes between individuals & to decide guilt or innocence interpret the meaning of the laws interpret the meaning of the laws the final word on their implementation the final word on their implementation

Federal Courts Principles of the Courts treat all people the same regardless of wealth or social status treat all people the same regardless of wealth or social status all are innocent until proven guilty all are innocent until proven guilty Difficulties of justice judges have personal prejudices judges have personal prejudices poor can ’ t defend themselves as well as the rich poor can ’ t defend themselves as well as the rich

Levels of Courts Supreme Court (highest court in country) Supreme Court (highest court in country) Court of Appeals (middle level, listens to cases from the district court) Court of Appeals (middle level, listens to cases from the district court) District Courts (lowest level of the federal courts) District Courts (lowest level of the federal courts)

Federal Jurisdiction 1) Cases involving the Constitution 2) Violations of federal law (kidnapping, counterfeiting) 3) Controversies between the states 4) Disputes between parties from different states

Federal Jurisdiction 5) Suits involving the federal government 6) Cases involving foreign governments and treaties 7) Cases based on admiralty and maritime laws 8) Cases involving United States diplomats

United States District Courts Lowest level of federal court system Lowest level of federal court system 94 districts in the United States 94 districts in the United States Where trials and lawsuits usually begin Where trials and lawsuits usually begin At least 1 district in every state At least 1 district in every state Have original jurisdiction-all cases start here Have original jurisdiction-all cases start here Use juries Use juries Listens to both criminal and civil cases Listens to both criminal and civil cases

U.S. Court of Appeals also called Federal Appeals Court, Circuit Courts, or Appellate Courts also called Federal Appeals Court, Circuit Courts, or Appellate Courts review decisions of lower courts review decisions of lower courts have appellate jurisdiction-right to hear cases from lower courts have appellate jurisdiction-right to hear cases from lower courts

U.S. Court of Appeals Lawyers can appeal if: 1) judge applied the law wrong 2) used wrong procedures 3) new evidence is found 4) rights were violated

U.S. Court of Appeals 12 districts in the USA & 1 federal district for the whole nation 12 districts in the USA & 1 federal district for the whole nation don ’ t decide guilt or innocence, only if rights were violated don ’ t decide guilt or innocence, only if rights were violated no juries no juries cases heard by a panel of 3 judges cases heard by a panel of 3 judges

U.S. Court of Appeals 3 types of decisions: 1) reverse lower court ruling 2) uphold lower court ruling 3) remand the case-send it back to lower court for a new trial write opinion papers to explain decisions, used as a precedent in the future write opinion papers to explain decisions, used as a precedent in the future

Number of Judges in Each Court District Courts-650, at least 2 in each district District Courts-650, at least 2 in each district Court of Appeals-6 to 28 per circuit Court of Appeals-6 to 28 per circuit Supreme Court-8 justices and 1 chief justice for a total of 9 Supreme Court-8 justices and 1 chief justice for a total of 9

Selection and Tenure of Judges President appoints and Senate approves (PASA) President appoints and Senate approves (PASA) No official qualifications listed in the Constitution No official qualifications listed in the Constitution Picked because they share common ideals with the current President Picked because they share common ideals with the current President Often follow senatorial courtesy-asking the opinion of the senators from a judges home state before getting the official nomination Often follow senatorial courtesy-asking the opinion of the senators from a judges home state before getting the official nomination Appointed for life on good behavior Appointed for life on good behavior May be impeached for illegal actions May be impeached for illegal actions

Other Court Officials Magistrate judges: do routine work of the court do routine work of the court issue court orders issue court orders hear minor cases hear minor cases go through and make sure there is enough evidence to justify a trial go through and make sure there is enough evidence to justify a trial

Other Court Officials District Attorney: PASA PASA serve 4 year terms serve 4 year terms decides to bring charges on behalf of the state decides to bring charges on behalf of the state is the prosecutor in a court of law is the prosecutor in a court of law

Other Court Officials U.S. Marshals: PASA PASA makes arrests for the courts, collects fines, and takes people to prison makes arrests for the courts, collects fines, and takes people to prison serve subpoenas serve subpoenas protects jurors, witnesses, and judges protects jurors, witnesses, and judges

Other Court Officials clerks clerks secretaries secretaries court reporters court reporters probation officers probation officers

Supreme Court Original jurisdiction in only 2 cases Original jurisdiction in only 2 cases cases involving diplomats of foreign countries cases involving diplomats of foreign countries cases involving more than 1 state cases involving more than 1 state Chooses the case it wants to hear Chooses the case it wants to hear Final authority in all cases Final authority in all cases Made up of 8 justices and 1 Chief Justice Made up of 8 justices and 1 Chief Justice

The Justices PASA PASA President gets help from the Attorney General, Justice department, American Bar Association, and other Supreme Court justices when making a nomination President gets help from the Attorney General, Justice department, American Bar Association, and other Supreme Court justices when making a nomination Always lawyers, though there is no formal requirements in the Constitution Always lawyers, though there is no formal requirements in the Constitution

Powers of the Court Other 2 branches must follow the courts decisions Other 2 branches must follow the courts decisions Has the power of judicial review - the ability to review federal and state laws to decide if they agree with Constitution, if not they are nullified Has the power of judicial review - the ability to review federal and state laws to decide if they agree with Constitution, if not they are nullified Judicial review comes from the court case of Marbury v. Madison as decided by Chief Justice John Marshall Judicial review comes from the court case of Marbury v. Madison as decided by Chief Justice John Marshall

Limits to Courts Power Depends on the executive branch to carry out it’s decisions Depends on the executive branch to carry out it’s decisions Congress can change laws to agree with the Court Congress can change laws to agree with the Court May pass a Constitutional Amendment to change the Constitution May pass a Constitutional Amendment to change the Constitution Judges may be impeached Judges may be impeached Can only rule on cases that come to it through lower courts Can only rule on cases that come to it through lower courts Court can not give hypothetical advice Court can not give hypothetical advice

Acceptance of Cases Justices make lists of cases they want to hear Justices make lists of cases they want to hear Once a week they meet to pick which cases they want to hear Once a week they meet to pick which cases they want to hear 4 out of 9 must accept the case 4 out of 9 must accept the case

Acceptance of Cases If accepted, the case goes on the docket (official calendar) If accepted, the case goes on the docket (official calendar) Of 7000 cases a year only 200 or less are heard Of 7000 cases a year only 200 or less are heard Pick cases with important constitutional issues Pick cases with important constitutional issues Pick cases with legal not political issues Pick cases with legal not political issues Pick cases that affect the whole nation, not just individuals Pick cases that affect the whole nation, not just individuals

Steps to a Supreme Court Case 1) Written arguments -each side turns in a brief, explaining their positions, which are studied by the justices 2) Oral arguments -each side gets 30 minutes to present their case, followed by a question session led by the justices

Steps to a Supreme Court Case 3) Conference-meet on Fridays in secret with no written records : 6 judges must be present, 5 are needed to make a decision

Steps to a Supreme Court Case 4) Opinion writing- once a decision is reached, a justice who agrees with the majority will write a paper (majority opinion) to explain the decision. This explains the precedent. once a decision is reached, a justice who agrees with the majority will write a paper (majority opinion) to explain the decision. This explains the precedent. Justices who disagree can write a dissenting opinion to explain why. Justices who disagree can write a dissenting opinion to explain why. Sometimes you may also get a concurring opinion -written by a justice who agrees with the majority but for different reasons Sometimes you may also get a concurring opinion -written by a justice who agrees with the majority but for different reasons

Steps to a Supreme Court Case 5) Announcement-public learns of the decision in a written release and on the web

Reasons for Court Decisions The law: Try to be consistent with previous precedent The law: Try to be consistent with previous precedent Special conditions: changes in social ideals or public opinion Special conditions: changes in social ideals or public opinion Legal views: some justices take an active view, try to actively change America, other are inactive, try to keep the status quo Legal views: some justices take an active view, try to actively change America, other are inactive, try to keep the status quo Personal beliefs: judges are human with either liberal or conservative views Personal beliefs: judges are human with either liberal or conservative views