1. The Judicial Branch
Chapter 13-14

2. The Judicial Branch Established by the Constitution
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
Article III, Section 1
Federal Court System is outlined in the Constitution
State Courts are created by individual states

3. The Judicial System Dual Court System
Federal courts – hear federal crimes
Supreme Court
Inferior Courts – any federal court below the Supreme Court
State courts – hear all other crimes
Most cases are tried and resolved in state courts (97%), not federal courts (3%).

4. The Judicial System Two types of cases:
Criminal Law: Government charges an individual with violating one or more specific laws.
Civil Law: Disputes between two parties and the relationship between them.
Lawsuits

5. The Judicial System Jurisdiction
The authority of a court to try and decide a case
Determined by the case’s subject
Original jurisdiction
Court in which a case is first heard
Appellate jurisdiction
Court that hears a case on an appeal from a lower court
Can uphold, overrule, or modify the ruling

6. The Judicial System Participants in Federal Court Plaintiff Defendant
The party bringing the charge
Defendant
The party being charged
Judge
Nominated by the President, confirmed by Senate
Jury
The 12 people who decide the outcome of a case
Attorneys
Public Defenders – lawyers assigned to defend the poor

11. Supreme Court Supreme Court
9 Justices: 1 Chief Justice, 8 Associate Justices
Serve “during good behavior”
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in office.
Serve for life, as long as they behave
John Roberts – Current Chief Justice

12. The Supreme Court Cont. Decide which cases it will hear
Usually involving issues of freedom in Constitution
Few original, mostly appellate
About 100 cases a year

13. Supreme Court Two ways a case can reach the Supreme Court
Writ of Certiorari (“Cert”)
Order by the Supreme Court for a lower court to send the record of a given case for its review
“to be more certain”
Certificate
Lower court is not clear how it should rule, so it asks the Supreme Court to decide

14. Supreme Court Making decisions
Oral arguments may be made for each side
30 min each
Justices discuss the case & make a decision
Majority opinion – written to announce the Court’s decision and explain the reasoning
Dissenting opinion – written by one who does not agree with the majority
Concurring opinion – written by a member of the majority who wants to stress a point left out of the majority opinion
Decision is announced weeks/months later

15. Supreme Court 2 Ways to rule on a case: Uphold the Precedent
(Precedent: How similar cases were decided in the past)
Overturn the precedent
Rule differently than previous decisions