The Judicial Branch

Separation of Powers

I. The Judicial Branch A. Article III B. Interprets the laws C. Determines Constitutionality D. Protects our Rights E. Constitution only outlines Supreme Court 1. Leaves Congress to create lesser courts 2. Judiciary Act of Creates 3 level Federal Court System

Federal Court System – 3 levels District, Appeals, Supreme

II. District Courts A. Established by Congress B. Usually has original jurisdiction 1. Original Jurisdiction - power to hear cases for the first time C. Lowest court in Federal system D. At least one court in every state 1. 2 Federal Districts in Indiana 2. We are in the Northern district 3. Fort Wayne, South Bend, Hammond (Lafayette)

III. Courts of Appeals A. Established by Congress B. Appeal – to challenge C. Sometimes a person believes that justice was not served in their District Court because: 1. His/her rights were violated 2. A rule of law was not properly followed 3. All the evidence was not available D. They could then appeal the verdict in a Court of Appeals E. US citizens have the right to a fair trial 1. 7 th amendment F. The appeals process is set up to ensure that people have as fair a trial as possible G. 13 appellate courts in Nation 1. We are in the 7 th circuit 2. Includes Indiana, Illinois, Wisconsin 3. Court office located in Chicago

Courts of Appeals continued H. The judge in the Court of Appeals may do two things 1. Agree with the appellant and overturn the District Court’s decision 2. Agree with the District Court and uphold their decision

IV. Appealing to the Supreme Court A. If you still believe that justice was not served, you can appeal to the Supreme Court. However, it probably will not hear your case because… 1. It is very busy and needs to give sufficient time to each of its cases 2. It may decide in a preliminary review that the lower court made the right decision

V. The Supreme Court A. Court receives approximately 7,000 petitions per year 1. Only about 150 cases are heard by the Court 2. Petitions are sifted through by law clerks and then voted on by Justices themselves 3. 4 votes are required to hear the case 4. In deciding whether to review a case, the Court considers: a. whether the legal question was decided differently by two lower courts and needs resolution by a higher court b. whether a lower court decision conflicts with an existing Supreme Court ruling c. whether the issue could have broader social significance beyond the interests of the two parties involved

The Supreme Court continued B. What cases can they hear? 1. Original Jurisdiction – power to hear cases for the first time a. Disputes between states b. Disputes between the US and foreign countries 2. Appellate Jurisdiction – power to rehear cases already decided by a lower court a. When someone believes that justice has not been served by a previous court’s decision

The Supreme Court continued C. The highest court in the land D. No one can overrule the Supreme Court E. 9 justices (judges) 1. Originally 6 a. Number set by Congress 2. 1 Chief Justice

VI. The Supreme Court Justices A. Appointed by the President and confirmed by Congress B. No age, residency, or citizenship requirements C. No term limit 1. Serve for life or until they die or retire D. Salary - $194, $202,900 Chief Justice

The Supreme Court Justices continued E. Serve under “good behavior” F. Can be impeached by Congress 1. Samuel Chase only Justice to be impeached 2. No Supreme Court justice has ever been removed a. Only a handful of Federal judges President Bush announcing new Chief Justice John Roberts

VII. How the Supreme Court works A. Court meets from October – June/July each year B. The court usually hears between one to three cases each day, on the Monday, Tuesday and Wednesday of each week. C. Visitors are welcome to listen to oral arguments

How the Supreme Court works continued D. Each lawyer will get 30 minutes to argue before the court 1. They are faced with questions from justices E. Justices then meet in conference to discuss the arguments 1. After discussion, justices vote 2. Sometimes several rounds of voting F. The Chief Justice (or most senior justice) on the majority side writes (or assigns) majority opinion 1. Likewise for the minority G. A draft opinion is circulated throughout the justices 1. Justices may suggest revisions or additions 2. Justices may change their opinion during this time 3. Justices may change their mind anytime before the courts decision is handed down 4. Usually at the end of the session (May/June/July)

Checks and Balances On Legislative Branch On Congress Can declare Laws passed by Congress unconstitutional

Checks and Balances on Executive Branch On President On President Can declare Presidential actions/orders unconstitutional Can declare Presidential actions/orders unconstitutional Chief Justice presides over Impeachment trials in the Senate Chief Justice presides over Impeachment trials in the Senate Chief Justice William Rehnquist presiding over President Clinton’s Impeachment Trial

Federalism Indiana’s Court System Indiana’s Court System Indiana Supreme Court Indiana Supreme Court State Court Appeals State Court Appeals County Circuit and Superior Courts County Circuit and Superior Courts Valparaiso Valparaiso Our local cases are heard by a division of Superior courts (county division) Our local cases are heard by a division of Superior courts (county division) Some cities might have Small Claims, city and town courts Some cities might have Small Claims, city and town courts Valpo’s courthouse houses: 1 Indiana Circuit Courts & 6 Superior Courts