Government Judicial Branch

Section 1

Common Law Tradition Common Law: judge made law that originated in England. Decisions were based on customs and the decisions eventually became common to the nation. Common Law: judge made law that originated in England. Decisions were based on customs and the decisions eventually became common to the nation. Today courts use precedents: court ruling based on how past courts ruled on similar cases. Today courts use precedents: court ruling based on how past courts ruled on similar cases. –Based on the idea of Stare Decisis which means to stand on decided cases.

Sources of American Law Constitutions: We have federal and state constitutions that tells the people and government what they can and cannot do. Constitutions: We have federal and state constitutions that tells the people and government what they can and cannot do. Statues: laws passed by legislatures that define the rights of individuals. Statues: laws passed by legislatures that define the rights of individuals. Case Law: the rules and principles announced in court decisions. Case Law: the rules and principles announced in court decisions.

Court System In the United States, we have dual court system. This means we have federal courts and state level courts. In the United States, we have dual court system. This means we have federal courts and state level courts. There are two kinds of federal courts: There are two kinds of federal courts: 1.Constitutional Courts: federal courts formed under Article III of the Constitution. Include the Supreme Court, courts of appeals, the district courts, and the Court of International Trade. 2.Special Courts: Created by Congress to hear specific types of cases. Include Court of Appeals for the Armed Forces, Claims Court, Tax Court.

Jurisdiction in the Federal Courts Jurisdiction: the authority of a court to hear and decide a case. Jurisdiction: the authority of a court to hear and decide a case. Article III Section 2 provides that the federal courts may hear a case either because of the subject matter or the parties involved in the case. (Look in Book) Article III Section 2 provides that the federal courts may hear a case either because of the subject matter or the parties involved in the case. (Look in Book) Other types of jurisdiction: Other types of jurisdiction: –Exclusive –Concurrent –Original –Appellate

Appointment of Judges The president nominates federal judges and the Senate has to approve the nomination. The president nominates federal judges and the Senate has to approve the nomination. Although judges are not supposed to declare that they favor one political party over another, president’s often look to their political party to help nominate judges. Although judges are not supposed to declare that they favor one political party over another, president’s often look to their political party to help nominate judges. A Republican will want a conservative judge while a Democrat will want a more liberal judge. A Republican will want a conservative judge while a Democrat will want a more liberal judge.

Terms and Pay of Judges The judges of the constitutional courts are appointed for life or until they retire, resign, or die. The judges of the constitutional courts are appointed for life or until they retire, resign, or die. They can be removed only through an impeachment process. They can be removed only through an impeachment process. There are a few federal judges who do have term limit (Claims Court, Tax Court) There are a few federal judges who do have term limit (Claims Court, Tax Court) Congress sets the salary for federal judges. Congress sets the salary for federal judges.

Judicial Branch Section 2

Supreme Court The Supreme Court is the only court specifically created in the Constitution. The Supreme Court is the only court specifically created in the Constitution. The Supreme Court is made up of one Chief Justice and eight associate justices. The Supreme Court is made up of one Chief Justice and eight associate justices. The Supreme Court is the highest court in the land and stands as the court of last resort for all cases involving a federal question. The Supreme Court is the highest court in the land and stands as the court of last resort for all cases involving a federal question.

Judicial Review One of the greatest powers that the Supreme Court has is the power of judicial review. One of the greatest powers that the Supreme Court has is the power of judicial review. Judicial Review is the power of the Supreme Court to review the laws and actions made by the Legislative and Executive Branches and determine their constitutionality. Judicial Review is the power of the Supreme Court to review the laws and actions made by the Legislative and Executive Branches and determine their constitutionality. This is not spelled out in the Constitution, but the Supreme Court first used this power in the case Marbury v. Madison (1803) This is not spelled out in the Constitution, but the Supreme Court first used this power in the case Marbury v. Madison (1803) In this case, Chief Justice John Marshall claimed that the Court had the right to declare acts of Congress unconstitutional. In this case, Chief Justice John Marshall claimed that the Court had the right to declare acts of Congress unconstitutional.

Jurisdiction of the Supreme Court The Supreme Court has both original and appellate jurisdiction. The Supreme Court has both original and appellate jurisdiction. The Supreme Court has original jurisdiction in two types of cases: The Supreme Court has original jurisdiction in two types of cases: 1.Those to which a State is party. 2.Those affecting ambassadors, other public ministers, and consuls. -All other cases are appealed to the Supreme Court.

How cases reach the Supreme Court Most cases reach the Supreme Court by a writ of certiorari. Most cases reach the Supreme Court by a writ of certiorari. Writ of certiorari: an order issued by the Supreme Court to a lower court to send up the record of a case for review. Writ of certiorari: an order issued by the Supreme Court to a lower court to send up the record of a case for review. Once the records of a case are sent up for review, the Supreme Court uses the Rule of Four to decide if they want to hear the case before the full Court. Once the records of a case are sent up for review, the Supreme Court uses the Rule of Four to decide if they want to hear the case before the full Court. Rule of Four: Supreme Court procedure where four Supreme Court justices agree to hear the case before the entire Supreme Court. Rule of Four: Supreme Court procedure where four Supreme Court justices agree to hear the case before the entire Supreme Court.

Types of Decisions in the Supreme Court A decision made by the Supreme Court is called an opinion. There are four types of opinions the Supreme Court may offer: 1. Unanimous Opinion 2. Majority Opinion 3. Concurring Opinion: a separate opinion made by one of the justices telling why he specifically agrees with the Court. 4. Dissenting Opinion: a separate opinion made by one of the justices telling why he specially disagrees with the Court.

Supreme Court Justices 1. John Roberts (Chief Justice) 2. Elena Kagan 3. Antonin Scalia 4. Anthony Kennedy 5. Clarence Thomas 6. Ruth Bader Ginsburg 7. Stephen Breyer 8. Samuel Alito 9. Sonia Sotomayor