Chapter 18 The Judicial Branch

National Judiciary ► During the Articles of Confederation, there were no national courts and no national judiciary system ► Court systems ignored each other ► States took care of their problems how they saw fit ► Hamilton saw a need for a national judiciary ► Found in Article III ► Establishes one court – the Supreme Court

National Judiciary ► Structure ► Supreme Court on top with 120 inferior courts below it ► 2 types of inferior courts ► Constitutional courts ► Special courts ► 50 States have own system of courts

Terms ► Jurisdiction – the authority of a court to hear a case  share power to hear a case with State courts  first court to hear the case

Types of federal court jurisdictions  Exclusive jurisdiction – cases that can be heard only in federal courts ► Ex: case involving an ambassador or foreign official  Concurrent jurisdiction – cases that may be tried in either a federal court or a State court ► Ex: cases involving citizens of different states  Original jurisdiction – A court in which a case is first heard.  Appellate jurisdiction – court that hears a case on appeal from a lower court. ► Can be uphold, overrule, or modify decisions

Federal or State??? ► 1. Mississippi sues Tennessee for polluting their river…. ► 2. mailing of illegal substances…. ► 3. vandalizing a high school…. ► 4. robbing a bank….

Appointing Federal Judges ► The President can name anyone to the federal bench that the Senate will confirm. ► 2 things are looked at while deciding on an appointment ► Judicial Restraint – look at original intent of those who wrote the Constitution and Precedent ► Judicial Activism – judge who will act boldly – law should be interpreted and applied in the light of ongoing changes.

Terms ► Judges of the Constitutional Courts are appointed for life – until they retire, resign, or die ► Judges of the Special Courts are not appointed for life ► U.S. Court of Appeals – 15 years ► Superior Courts – 4 years ► District Court of Appeals – 8 years

Federal Court System

District Court (lowest federal court) ► Structure ► 50 States divided into 94 federal districts ► Each State from one/maybe more ► 2 judges assigned to each district ► Single judges / 3 judge panel in certain circumstances

District Courts cont. ► Jurisdiction ► most have original jurisdiction ► Criminal – a defendant is tried for committing some action that Congress, by law, considers to be a federal crime  Defendant and Prosecution ► Civil – noncriminal matter  Ex: terms of a contract  Plaintiff – person who files suit  Defendant – the person whom the complaint is against.

Court of Appeals (middle court) ► Structure ► 13 courts of appeals with 12 judicial circuits ► 179 circuit judges ► 1 Supreme Court justice is assigned to each district ► Ex: A circuit might cover 3 or 4 states, composed of 12 judges and 1 Supreme Court justice

Court of Appeals Cont. ► Jurisdiction ► only appellate jurisdiction ► hears cases on appeal from lower courts ► handle more than 55,000 cases a year ► decisions are final unless U.S. Supreme Court decides to hear case

Supreme Court (highest) ► Supreme Court ► Made up of 1 Chief Justice and 8 Associate Justices ► Highest court in land ► Judicial review – Marbury vs. Madison

Supreme Court Cont. ► has both original and appellate jurisdiction ► Original - ► - those to which a state is a party ► - those affecting ambassadors, consuls, and other public ministers

► Appealing a Case to the Supreme Court ► Step 1 – Federal District Court ► Step 2 – Federal Appeals Court ► Step 3 – U.S. Supreme Court

How the Supreme Court operates. ► First Monday in October to June or July ► Consider cases in 2 week cycles ► A) Briefs – presented to justices before oral arguments ► B) oral arguments – 2 weeks ► C) Justices Conference – Wed/Fri – meet to discuss oral arguments; Chief Justice presides

Opinions ► Majority Opinion – court’s opinion, either assigned by Chief Justice to write or a senior associate justice ► Concurring Opinion - one or more of the justices who agree with the Court’s decision. They add or emphasize a point that was not made in the majority opinion. ► Dissenting Opinion - written by justices who do not agree with the Court’s majority opinion. ► Precedent - examples to be followed in similar cases as they arise in the lower courts or reach the Supreme Courts

Who creates the special courts? ► by Congress hearing certain cases involving the expressed powers of Congress ► a.k.a. – legislative courts

Under what circumstances can an American citizen sue the United States? ► The U.S. govt. cannot be sued by anyone, in any court, for any reason, without its consent. ► Govt. may be taken to court only in cases in which Congress declares that the U.S. is open to suit. ► Ex: damages against federal govt.