Judicial Branch

1) Who are these people? 2) Can you name all 9?

Justice Role of the Courts courts use the law to settle civil disputes to help ensure that equal opportunities are available to all people courts use the law to decide the guilt or innocence of people accused of crimes

Justice Equal Treatment “Justice is Blind” the goal of the legal system is to treat every person the same regardless of who they are every person has the right to have a public trial with a lawyer the accused who cannot afford their own lawyer will have one appointed defendants are innocent until proven guilty

Justice Equal Treatment is Difficult to Achieve Although “Justice is Blind” the people involved in the justice system are not judges and juries are not free from personal prejudices wealth determines the quality of lawyer a defendant can afford

Federal Courts “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.” US Constitution, Article III, section 1

Federal Courts Jurisdiction The Constitution Federal Laws a person who believes a Constitutional Right has been violated can be heard in federal court   Federal Laws people accused of federal crimes are tired in federal courts also civil cases involving federal laws Disputes Between States disputes between two state governments Supreme Court has original jurisdiction Citizens from Different States two people from different states have a lawsuit

Federal Courts Jurisdiction The Federal Government if the federal government is part of a lawsuit if the federal government takes a person or company to court   Foreign Governments, Ambassadors, and Treaties Supreme Court has original jurisdiction Admiralty and Maritime Laws any crimes or incidents that take place on the high seas / international waters involving a US vessel US Diplomats

Federal Courts Types of Jurisdiction Exclusive Jurisdiction only the federal courts may hear the case   Concurrent Jurisdiction the case can take place in either the state or the federal

Federal Courts US Courts of Appeals also called federal appeals courts, circuit courts of appeals, circuit courts, appellate courts have appellate jurisdiction do NOT conduct trials each has from 6 to 28 judges (based on how busy it historically has been) review procedure from a case in federal district court may review actions of federal regulatory agencies

Federal Courts

Federal Courts Organization of US Courts of Appeals there are a total of 13 federal appeals courts 12 circuit courts that hear appeals from their geographic area (or circuit) 1 Court of Appeals for the Federal Circuit located in Washington, DC that hears special cases that cover the entire nation

Federal Courts Decisions of the US Courts of Appeals the goal is to make sure that a defendant received a fair trial after reviewing the procedure of a case appealed to it, appeals courts may:   uphold the lower court’s decision reverse the lower court’s decision remand the case back to the district court (often times with changes that need to be made)

Federal Courts Decisions of the US Courts of Appeals opinion is the official decision of the appeals court it sets out how the court feels about the way the lower court handled the case any rulings it makes in the opinion becomes precedent

Federal Courts Precedent Common Law the Supreme Court and appellate courts can not seek out an issue and have both sides bring it to court, it must wait for people themselves to take someone to court over the issue precedents are not new laws but help clarify existing laws Common Law decisions from higher courts must be followed by lower courts an opinion by the Supreme Court must be followed by everyone

Federal Courts US District Courts federal trial courts federal lawsuits begin here have original jurisdiction there are 94 US District Courts conduct trials complete with witnesses and evidence, and a jury that gives a verdict every state has at least one federal district court

Federal Courts Federal Judges president appoints, Senate approves typically, the president chooses someone with the same ideas about politics, justice and issues Life Tenure: federal judges may have their job for life, unless removed by the impeachment/removal process the goal have life tenure is to put judges above politics, instead of having to please voters with their ideas they can best serve the Constitution

Federal Courts Magistrates issue search and arrest warrants hear preliminary evidence to determine if a case should be brought to trial determine bail may hear minor cases

Federal Courts US Attorneys a lawyer for the US government they have at least one deputy prosecute criminals represents the US government in lawsuits (appointed to 4-year term by the president with Senate approval)

Federal Courts US Marshals federal police officer make arrests collect fines escort convicts to prison protect jurors keep order in federal courts serve legal papers (such as subpoenas)

Summary Organization Of Federal Courts

1 Court of Appeals for the Federal Circuit The US Supreme Court 12 US Courts of Appeals 1 Court of Appeals for the Federal Circuit 94 US District Courts

94 US District Courts Original Jurisdiction Conducts trials Witnesses testify Evidence is presented Juries hear cases and reach verdicts 94 US District Courts

12 US Courts of Appeals Appellate Jurisdiction Can review a case if an individual who loses a case in district court believes the laws were applied unfairly Does not determine guilt or innocence 12 US Courts of Appeals Writes opinions detailing the reasons for their decision – establishes precedent Three options: Uphold the district court’s decision Reverse the district court’s decision Remand the case

Supreme Court Jurisdiction Original Jurisdiction in only two cases; cases involving diplomats from foreign countries & in disputes between states Hears cases that have been appealed from lower district courts or federal regulatory agencies Does not hear all cases it receives; chooses those it wishes to hear Final authority in any case involving the Constitution, acts of Congress, and treaties with other nations Decisions of the Supreme Court are final

Supreme Court Organization Nine Justices- One Chief & Eight Associate Background of Justices Always Lawyers, even though no legal requirement for this Political support & agreement with President’s ideas also important Organization Nine Justices- One Chief & Eight Associate Congress sets the number and has the power to change it Selection of the Justices President appoints Supreme Court justices, with Senate approval Vacancies emerge when Justices die or resign Choose judges who are likely to be approved

Decision Making Process Written Arguments Lawyers prepare a brief, or a written document that explains one side’s petition on the case Justices study the briefs Oral Arguments Lawyers present oral arguments 30 minutes in length Conference Justices meet and discuss the case in secret A majority (5 of 9) decides a case, and at least 6 justices must be present for a decision Opinion Writing Majority opinion- presents the views of the majority of the justices on a case Concurring opinion- Justice who agrees with the Majority, but has different reasons Dissenting Opinion- Justices who oppose the Majority opinion issue a dissenting opinion Unanimous Opinion- All justices vote the same way Reasons for Decisions The Law Stare Decisis-Let the Decision Stand; by following precedent, courts make laws predictable Changing Social Conditions- Plessy v. Ferguson & Brown v. BOE Differing Legal Views & Personal Beliefs