Prior Knowledge What do you know about our Judicial System? What do you think is FAIR about our Judicial System? What do you think is UNFAIR about our Judicial System?

Judicial System Structure General Judicial Terms Supreme Court Unit 2.4: Judicial System Judicial System Structure General Judicial Terms Supreme Court

What sort of objects do you see? Who is this? What sort of objects do you see? How are they symbolic? Themis- Greek means order Scales- weigh all the evidence before making a decision. Sword- enforcement of the law; double edged sword in her right hand which divides with the power of Reason and Justice Blindfold- justice if blind; everyone is equal before the law, no favorites

Judicial System Structure “Dual Court System” US has two separate court systems, federal and state. Jurisdiction, authority of a court, determines which court system hears a case. Can a person be charged in both federal and state courts for committing the same act? YES!!!!! If the same criminal act broke both federal and state laws.

Judicial System Structure Exclusive Jurisdiction- cases that can ONLY be heard in the federal courts Concurrent Jurisdiction- cases that can be heard in federal AND state courts Original Jurisdiction- trial court that hears a case for the first time Appellate Jurisdiction- hears appeals from lower court decisions

Judicial System Structure Types of Federal Courts Constitutional Courts (Inferior Courts) 94 District Courts, 12 US Courts of Appeals, US Court of Appeals for Federal Circuit, US Court of International Trade Special Courts (Inferior Courts) US Court of Federal Claims, US Tax Court, Territorial Courts, US Court of Appeals for the Armed Forces, Courts of DC, US Court of Appeals for Veterans Claims Supreme Court

Overview of Judicial System- 2:06 https://www.youtube.com/watch?v=UDqc2it41-4

Warm Up Why does it take 270 electoral votes to win the Electoral College? What is the difference between Exclusive and Concurrent Jurisdiction? What is the difference between Original and Appellate Jurisdiction?

United States Supreme Court The Roberts Court

United States Supreme Court Who’s on the Supreme Court? Supreme Court Jurisdiction Supreme Court Operations

Who’s on the Supreme Court? John Roberts Chief Justice Age – 59 years old Appt by George W. Bush Service since Sept 2005 Antonin Scalia Associate Justice Age – 78 years old Appt by Ronald Reagan Service since Sept 1986

Who’s on the Supreme Court? Anthony Kennedy Associate Justice Age – 77 years old Appt by Ronald Reagan Service since Feb 1988 Clarence Thomas Associate Justice Age – 65 years old Appt by George H.W. Bush Service since Oct 1991

Who’s on the Supreme Court? Ruth Bader Ginsburg Associate Justice Age – 81 years old Appt by Bill Clinton Service since Aug 1993 Stephen Breyer Associate Justice Age – 75 years old Appt by Bill Clinton Service Aug 1994

Who’s on the Supreme Court? Samuel Alito Associate Justice Age – 64 years old Appt by George W. Bush Service Jan 2006 Sonia Sotomayor Associate Justice Age – 59 years old Appt by Barack Obama Service since Aug 2008

Who’s on the Supreme Court? Elena Kagan Associate Justice Age – 53 years old Appt by Barack Obama Service Aug 2010

Who’s on the Supreme Court? General Order of Ideological Leanings From Most Conservative to Most Liberal Clarence Thomas Antonin Scalia John Roberts Samuel Alito Anthony Kennedy – often the swing vote Stephen Breyer Elena Kagan Sonia Sotomayor Ruth Bader Ginsburg – most liberal

Who’s on the Supreme Court? Appointed by the President Confirmed by the Senate Tenure of a Supreme Court Justice is stated in the Constitution - "shall hold their offices during good behavior" Means holds office for life, unless impeached and convicted or retires

Supreme Court Jurisdiction Supreme Court has both Original & Appellate Jurisdiction. But most cases are appeals Only about 1 or 2 cases a year are heard in Original Jurisdiction Usually they involve controversies between 2 or more states. How many cases do you think are appealed to the Supreme Court a year? About 8,000 How many do you think are reviewed? Between 100 to 150 Writ of Certiorari ….. is issued when the Supreme Court directs the lower court to send its records in a case so that the higher court can review it. (sersh-oh-rare-ee) "to be informed of, or to be made certain in regard to"

Supreme Court Operations How would you imagine the Supreme Court hears their cases? They hear Oral Arguments from 10 am to 3 pm. In a case, the Supreme Court hears from each side for 30 minutes. During which the Justices are allowed to interrupt to ask questions. For each case the Justices have review the prior records and proceedings. On Fridays, the SC Justices discuss the cases and decide on their ruling 1/3 of the Court’s rulings are unanimous.

Supreme Court Operations Courts Opinions are written after a ruling has been made. Majority Opinion- “Opinion of the Court” Reasoning behind the Justices’ decision This is used by the lower courts to follow precedent Written or assigned by the Chief Justice. If the Chief Justice is in the minority, then senior most member Concurring Opinion Also written by a justice in the majority but may describe different reasoning used Dissenting Opinions Written by the Justices who do not agree with the majority Expresses their opposition

Supreme Court Actions What is Judicial Review? Power of the court to determine the constitutionality of a government action. Judicial Restraint vs. Judicial Activism Judicial Restraint – judicial philosophy in which people believe judges should decide cases based on the original intent of the Framers or those who enacted the statute involved in the case and on precedent. In other words, courts should allow the states and the other two branches of the federal government to solve social, economic, and political problems

Supreme Court Operations Judicial Restraint vs. Judicial Activism Judicial Activism – judicial philosophy in which people believe judges should interpret and apply provisions in the Constitution and in statute law in response to ongoing changes in conditions and values of society. In other words, courts should take an active role in solving social, economic, and political problems.

Judicial Restraint vs. Judicial Activism Which do you think is better for the Supreme Court? What are some examples to support your case?