The Judicial Branch Chapter 13-14

The Judicial Branch Established by the Constitution The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. Article III, Section 1 Federal Court System is outlined in the Constitution State Courts are created by individual states

The Judicial System Dual Court System Federal courts – hear federal crimes Supreme Court Inferior Courts – any federal court below the Supreme Court State courts – hear all other crimes Most cases are tried and resolved in state courts (97%), not federal courts (3%).

The Judicial System Two types of cases: Criminal Law: Government charges an individual with violating one or more specific laws. Civil Law: Disputes between two parties and the relationship between them. Lawsuits

The Judicial System Jurisdiction The authority of a court to try and decide a case Determined by the case’s subject Original jurisdiction Court in which a case is first heard Appellate jurisdiction Court that hears a case on an appeal from a lower court Can uphold, overrule, or modify the ruling

The Judicial System Participants in Federal Court Plaintiff Defendant The party bringing the charge Defendant The party being charged Judge Nominated by the President, confirmed by Senate Jury The 12 people who decide the outcome of a case Attorneys Public Defenders – lawyers assigned to defend the poor

Supreme Court Supreme Court 9 Justices: 1 Chief Justice, 8 Associate Justices Serve “during good behavior” The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in office. Serve for life, as long as they behave John Roberts – Current Chief Justice

The Supreme Court Cont. Decide which cases it will hear Usually involving issues of freedom in Constitution Few original, mostly appellate About 100 cases a year

Supreme Court Two ways a case can reach the Supreme Court Writ of Certiorari (“Cert”) Order by the Supreme Court for a lower court to send the record of a given case for its review “to be more certain” Certificate Lower court is not clear how it should rule, so it asks the Supreme Court to decide

Supreme Court Making decisions Oral arguments may be made for each side 30 min each Justices discuss the case & make a decision Majority opinion – written to announce the Court’s decision and explain the reasoning Dissenting opinion – written by one who does not agree with the majority Concurring opinion – written by a member of the majority who wants to stress a point left out of the majority opinion Decision is announced weeks/months later

Supreme Court 2 Ways to rule on a case: Uphold the Precedent (Precedent: How similar cases were decided in the past) Overturn the precedent Rule differently than previous decisions