Judicial Branch Chapter 11 & 12

Types of Federal Courts  Constitutional Courts –Set up by Congress under Article III of the Constitution  Special Courts –Are legislative courts set up by Congress

Divisions of the U.S. Court System  Supreme Court  Courts of Appeal  District Courts  Court of International Trade  Court of Military Appeals  U.S. Tax Court  Territorial Courts  Courts of District of Columbia  Court of Veteran’s Appeals

Jurisdiction  Authority to hear and decide cases –Subject matter –Federal laws (federal courts) –State law (state courts)

Jurisdiction  Parties- plaintiffs and defendants  Concurrent- federal, state, local  Original- where the case is first heard  Appellate- next step after the original case

Federal District Courts  91 Courts  632 Judges  Cases heard in Federal District Courts –Bank robbery, kidnapping, mail fraud, computer fraud, counterfeiting, murder of federal official, treason

District Courts  These courts use both grand and petit juries  Judges appointed for life by the President –Confirmed by the U.S. Senate

Courts of Appeal  Formed in 1891  Divided into different circuits across the country  Appointed by the President for life, confirmed by the U.S. Senate

Courts of Appeal  Any appeal from a lower court in their district  Hear 25,000 cases a year  Georgia is in the 11 th circuit

Supreme Court  Jurisdiction –Original and appellate cases –3,500-4,000 cases reach the S.C. each year –Half are returned to lower court –Only hear about cases a year –Original jurisdiction:  Cases involving ambassadors  Cases in which the state is a party

Supreme Court at Work  Sits for nine months of the year  Opens at 10:00 a.m. (Monday-Thursday)  Fridays are used to discuss, debate, and write decisions  Must be six judges which make up a quorum  “Rule of Four” – It takes 4 SC judges to say yes to hear a case to begin with

Other  9 Justices  Each are appointed by the President for a life term. Must be confirmed by the Senate  Do not affiliate themselves with a political party but you can often tell their party depending on how they vote

Supreme Court Courts Original Jurisdiction An appeal from another federal district court through a WRIT OF CERTIORI From a state supreme court. the Court will usually only grant certiorari in cases where the state court's ruling deals with Constitutional issues.

How a case is heard:  1) After a writ of certiorari is granted the justices review the “applications” during weekly meetings. Rule of 4 to decide  2) Once “cert” is granted the lawyers for both sides file briefs- tell the facts of the case so the justices can become familiar with case  3)Oral arguments- Both sides have 30 mins to present their case. At any point the justices can interrupt to ask questions  4) At their next meeting the justices will discuss the case and take a vote. They will then write what they think- these are called opinions

Supreme Court at Work  Types of Opinions –Majority (5-4, 6-3, 7-2, 8-1, 9-0) –Dissenting- 1 or more Justice goes against the majority and writes an opposing view point –Concurring Majority- They agree with the majority opinion but for different reasons –Concurring Dissent- Agrees with the dissent but for different reasons

Chief Justice John Roberts

Justice Antonin Scalia

Justice Anthony M. Kennedy

Justice Clarence Thomas

Justice Ruth Bader Ginsburg

Justice Stephen Breyer

Justice Samuel Anthony Alito, Jr.

Justice Sonia Sotomayor

Justice Elena Kagan

Landmark Supreme Court Cases  Brown v. Board of Education  Gideon v. Wainwright  Miranda v. Arizona  Roe v. Wade  Marbury v. Madison  Plessy v. Ferguson

Landmark Supreme Court Cases  Marbury v. Madison –first time the Supreme Court declared something "unconstitutional," – established the concept of judicial review in the U.S. (the idea that courts may oversee and nullify the actions of another branch of government). –The landmark decision helped define the "checks and balances" of the American form of government.

Landmark Supreme Court Cases  Miranda v. Arizona- Ruled that evidence cannot be used against a defendant in the event that they were not informed of their rights. –Led to all cops telling you your “Miranda Rights”  Roe v. Wade- Made 1 st trimester abortions legal and that the states cannot restrict it. –During the 2 nd and 3 rd trimesters it is up to each state to regulate however, if the woman’s life is in danger, the state cannot say no.

Landmark Supreme Court Cases  Plessy v. Ferguson- Established the “separate but equal clause”  Brown v. Board of Education- Declared separate but equal public schools were illegal  Gideon v. Wainwright- State courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own attorneys.

Appointment of Judges, Terms, and Salary  President appoints all federal judges  Confirmed by the U.S. Senate  Appointed for life unless otherwise designated  Removal by impeachment –Nine have been impeached four have been found guilty

Federal Court Officials  Clerk- has custody of the federal seal  Magistrates- issues warrants, sets bail, may try some cases  U.S. Attorney- prosecutes the criminals  U.S. Marshals- issues subpoenas and arrest warrants  Baliff- keeps order in the court and calls cases