The Judicial Branch

Dual Court System State Courts District and Circuit Appeals Supreme Federal Courts Supreme Court “lesser courts” State courts can consider issues of constitutionality

The United States Supreme Court

Federal Judges Appointed by President Confirmed by the Senate

Judges are supposed to be non-partisan, but must pass a “litmus test” on a variety of issues to be confirmed.

Judicial Activism vs. Judicial Restraint

Types of Federal Courts Supreme Court Inferior Courts (Constitutional Courts & Special Courts)

Constitutional Courts Broad Focus **Page District Courts Nearly half cases - bankruptcy U.S. Court of International Trade 12 U.S. Courts of Appeals (created 1891) U.S. Court of Appeals for the Federal Circuit ( hears cases involving fed. gov. regulation)

Special Courts – Narrow Focus U.S. Court of Federal Claims Territorial Courts US Court of Appeals for the Armed Fo US Court of Appeals for the Armed Forces US Tax Courts Courts of the District of Columbia US Court of Appeals for Veterans Claims

Jurisdiction -the authority of a court to hear a case exclusive vs. concurrent jurisdiction original vs. appellate jurisdiction 2 big factors: subject matter & parties involved Examples – Cases involving a foreign country, cases involving a dispute between 2 states.

Federal Jurisdiction State Jurisdiction Concurrent Jurisdiction Types of Court Jurisdiction *Page 509

U.S.A. divided into 94 federal district courts Original jurisdiction Grand jury investigations Trials

United States Circuit Courts *Page 513

Marbury vs. Madison Established Judicial Review

Appeals to the Supreme Court – Multi-Paths US Court of Appeals for the Armed Forces 12 US Courts of Appeals US Court of Appeals for the Federal Circuit Military Courts 94 District Courts Appeals from Federal Regulatory Agencies Appeals from Highest State Courts US Court of Int’l Trade US Court of Federal Claims US Court of Appeals for Veterans Claims Page District Territorial Courts Tax Court D.C. Courts

United States Supreme Court US Court of Appeals for the Armed Forces 12 US Courts of Appeals US Court of Appeals for the Federal Circuit Military Courts 94 District Courts Courts of DC US Tax Court Territorial Courts Appeals from Federal Regulatory Agencies Appeals from Highest State Courts US Court of Int’l Trade US Court of Federal Claims US Court of Appeals for Veterans Claims Page 514 Docket—list of cases to be heard

2 Types of Cases 1. Criminal Cases – violations of law 2. Civil Cases – disputes about money

All cases have a … Both are litigants Smith v. Jones

Class Action Lawsuits – Civil Cases Where a lawyer or law firm represents a whole group of plaintiffs Wal-Mart found guilty – discriminates against women

American Legal system – Adversarial Approach, but Only 2% of cases go to trial Plea bargaining (criminal) out of court settlements (civil)

Selection Process of Supreme Court Justices 1.No senatorial courtesy 2.AG role 3.ABA Standing committee screens 4.20% not confirmed Extreme beliefs – Ethics issues – divided Gov 5.Judicial philosophy and position on key issues (abortion) 6.Timing retirements 7.Appointments sometimes backfire – Eisenhower and Warren, Nixon and Burger

Calling up cases to the Supreme Court Rule of 4 – required to call up a case

District courts hold trials, while Courts of Appeals have a board of judges that review the case.

How the Supreme Court Makes a Decision Written Briefs Each side submits a written document filled with relevant facts and prior court decisions. Oral Arguments Each side comes in and states their case orally. The S.C. has the power to interrupt and ask questions. Closed Conferences The justices meet and private and try to come to a consensus. If they cannot, majority rules. Amicus Curae Briefs/Friends of the Court – Interested Parties

Oral Arguments – A Unique SCOTUS feature FCC v. Fox News t_audio_detail.aspx?argument=

Most cases back up the lower courts 1.Writ of certiorari – calls a case to the SC Decisions set precedent 1.All courts adhere and cite Decisions can overturn past precedent 1. Brown v Board of Education Role of the Solicitor General 1. Argues for the government – presents the administrations POV

Federal District Court Federal Appeals Court Appealing a Case to the Supreme Court – Possible Results 1.Lower-court ruling stands 2.Sends case back for reconsideration 3.Constitutional – Yes or No?

Majority opinion —5 votes “Opinion of the Court”

Concurring Opinion— “I made the same decision, but for a different reason” Dissenting Opinion— “We disagree, and this is why…” Majority Opinion—”We made this decision because …” SCOTUS Decisions

Other Federal Court Officials: Magistrates Federal Prosecutors Federal Marshals Clerks

Implementing Court Decisions 1.Not self implementing 2.Remand to lower courts – order to act 3.Judicial implementation – are decisions actually implemented into law? 3 Implementation Populations 1.Other judges and lawyers – the interpretive population 2.2. Public officials who must abide by and put the decisions into effect 3.The general consumer population

A review of the past courts and their general contributions 1.FDR and the SC – his “court packing scheme” 2.Warren Court The Burger Court The Renquist Court 1986 – The Robert's Court 2007-present