1. Federal Courts= Supreme Court & Lower Courts
Judicial Branch
Federal Courts=
Supreme Court
&
Lower Courts

2. Key Concepts
Over time, federal courts have had significant impact on public policy
The appointment of federal judges is very political
Checks and balances affect the federal court system

3. State & Federal Courts
State Courts
Federal Courts
Each state has its own state court system that enforces state laws
MOST cases are heard by the STATE courts
The federal (national) court system consists of:
Supreme Court is the highest court in the country (established by the Constitution)
Lower or “inferior” courts (established by Congress)

4. Organization of Federal Courts

5. Appointment of Federal Judges
What the Constitution SAYS…
No formal qualifications in the Constitution
Judges serve for life (or until they resign)
Nominated by the president and confirmed by the Senate

6. Appointment of Federal Judges
What the Constitution DOESN’T say…
President almost always chooses someone from their own party
Political ideology does effect the a judge’s view, however decisions are shaped by other factors
Facts of the case
Precedent
Lawyers’ arguments

7. when a court has the authority to hear a case
Jurisdiction
Jurisdiction =
when a court has the authority to hear a case

8. Jurisdiction
Original Jurisdiction
Appellate Jurisdiction
The court that hears the case FIRST has original jurisdiction in the case
When a court hears a case on appeal from a lower court, it has appellate jurisdiction.
Appeal = a lower court made a decision but whoever “lost” the case appeals the case to a higher court

9. Organization of Federal Courts

10. How federal courts choose cases?
The Constitution gives federal courts jurisdiction over certain cases
There are 5 basic criteria:
If a court has made a decision that conflicts with precedent
Precedent = examples to be followed in similar cases as they come up in the lower courts or reach the Supreme Court
If a court comes up with a new question
If one court of appeals has made a decision that conflicts with another
If there are other inconsistencies between courts of different states
If there is a split decision in the lower court of appeals
Not really sure that students need to know these 5 criteria. They’re confusing.

11. How federal courts choose cases?
The Constitution gives federal courts jurisdiction over certain cases
There are 5 basic criteria:
If a court has made a decision that conflicts with precedent
If a court comes up with a new question
If one court of appeals has made a decision that conflicts with another
If there are other inconsistencies between courts of different states
If there is a split decision in the lower court of appeals
Not really sure that students need to know these 5 criteria. They’re confusing.

12. Organization of Federal Courts

13. The Supreme Court

14. Supreme Court Justices
Nine Supreme Court Justices
1 Chief Justice
8 Associate Justices
Constitution does not set the number of SC Justices
Congress determines the number of Justices
Ranged from 5-10 Justices throughout court’s history
Selection of SC Justices VERY political process

15. How cases reach the SC…

16. Supreme Court Cases Each year…
Between 7,000 to 8,000 cases are appealed to the SC
SC decides fewer than 100 cases
Which cases…
Cases must meet the previously stated criteria
4 out of the 9 SC Justices must agree to hear the case

17. Once cases reach the SC…
Briefs (written arguments) are filed with the court
Lawyers get 30 minutes to present their case to the SC Justices
Justices meet in Conference
Conference takes place behind closed doors
Justices discuss the case in private
Justices vote to reach a decision
~1/3 of decisions are unanimous
Most decisions are divided
Justices write their opinions on the case

18. Opinions (Decision of the Court)
Majority Opinion – the final decision and statement of the court
Concurring Opinion- an opinion that agrees with the decision but uses different reasoning
Dissenting Opinion- minority opinion (has no value but may be used for later appeals or reversals of precedent)

19. Checks and Balances

20. Checks on the Judicial Branch
Congress-
Senate approves President’s nominations,
impeach Justices,
change the number of Justices (giving the president more or fewer appointments),
revise legislation to undo SC decisions,
amending the Constitution can alter the jurisdiction of the court

21. Checks on the Judicial Branch
President-
nominates ALL federal judges, including Supreme Court Justices
grants reprieves and pardons

23. What is the judicial branch’s role in US government and US society?
Exit Slip
What is the judicial branch’s role in US government and US society?

24. How Well Do You Know the Court?

25. Name the nine justices currently on the Court.
2. Historically, the Court’s members have been Protestant. At various times there has been discussion of the “Catholic seat” or the “Jewish seat” on the Court.
How many members of the current Court are Protestant? Catholic? Jewish?
TRUE or FALSE? In a typical term the Court decides more cases 5 to 4 than 9 to 0.
Court watchers are typically hesitant to predict voting patterns among justices because the labels of “liberal” and “conservative” are not always clear or consistent and justices are not always in one “camp” or another. However, typically, which justices tend to be considered most “conservative”?
5. Which justices tend to be considered most “liberal”?

26. Which justice(s) tends to be considered a swing voter(s) – sometimes voting with liberals and sometimes voting with conservatives?
Approximately how many cases are appealed to the U.S. Supreme Court each year? Approximately how many are accepted for briefing and oral argument? Approximately what percent are accepted?
TRUE OR FALSE? When the Supreme Court decides not to hear a case (denies certiorari) it is saying that it agrees with the lower court opinion and that the lower court decision should become a precedent.
Which court system generates most of the cases accepted by the U.S. Supreme Court -- state or federal? Explain your answer.
10. TRUE or FALSE? Most experts who study the Court believe that the primary reason the Court decides to hear a case is to correct a legal error made by a court below.