Unit 02 The Courts

U.S. Federal Courts Established by the U.S. Constitution Article III, Section 1 “One Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.”

Federal Judiciary Act of 1789 3 Tier Model for Court System trial courts of limited jurisdiction trial courts of general jurisdiction appellate courts

Three Types/Levels of Courts U.S. Federal Courts Three Types/Levels of Courts U.S. district courts U.S. courts of appeals U.S. Supreme Court

Supreme Court & Courts of Appeal

U.S. Circuit Courts of Appeals

U.S. Supreme Court The U.S. Supreme Court consists of nine justices, eight of whom are referred to as Associate Justices. The ninth justice presides over the Court as the Chief Justice.

U.S. Supreme Court A unanimous Court decision: Is less likely to be reversed in the future. Creates more compelling precedent than a case decided by a 5-4 vote. The opinion: Majority Dissenting Concurring Every Supreme Court decision contains two elements essential to creating doctrine: The vote that decides the case in favor of one of the parties, and The opinion -- a statement or set of statements in which the majority explains the rationale for its decision in such a way as to create doctrine (that is, make policy).

Supreme Court Justices: are nominated by the President U.S. Supreme Court Supreme Court Justices: are nominated by the President are confirmed by the Senate serve for life

U.S. Supreme Court Chief Justice: John Roberts (appointed 2005) Associate Justices: John Paul Stevens (appointed December 1975) Samuel Alito (January September 2006) Antonin Scalia (appointed September 1986) Anthony Kennedy (appointed February 1988) David Souter (appointed October 1990) Clarence Thomas (appointed October 1991) Ruth Bader Ginsberg (appointed August 1993) Stephen Breyer (appointed August 1994)

U.S. Supreme Court The Supreme Court has limited original jurisdiction. It does not conduct trials except in disputes between states and some attorney disbarment. It reviews the decisions of lower courts. Selecting cases. Process. Writ of certiorari only approximately 75–125 petitions are granted review by the Court out of the over 7,500 submitted each term Rule of four Clerks Cert pool Resolving lower-court decision conflicts. Taking cues from others. Amicus curiae Solicitor general

U.S. Supreme Court The Supreme Court has limited original jurisdiction. It does not conduct trials except in disputes between states and some attorney disbarment. It reviews the decisions of lower courts. Four Justices must vote in favor of a hearing for a case to be heard.

Judicial Review While judicial review was not explicit in the U.S. Constitution, it was anticipated by its framers. Alexander Hamilton, in the Federalist Papers, wrote that through judicial review, the Court should ensure that the “will of the people” would be supreme over the “will of the legislature.”