1. Interpretation of laws
Judicial Branch
Interpretation of laws

2. vocabulary Jurisdiction Exclusive jurisdiction Concurrent jurisdiction
District court
Appeals court
Remand
Opinion
Precedent
Judicial review
Constitutional
Brief
Majority opinion
Concurring opinion
Dissenting opinion
Unanimous opinion
Stare Decisis

3. The Federal Court System
Ch. 8.1
The Federal Court System

4. Equal Justice for All
Courts are meant to settle civil disputes between private parties, a private party v. the government, or the U.S. v. a state or local government.
Court applies the law properly and rules in favor of one party or the other
Courts also hold criminal trials for people accused of crimes.
Witnesses present evidence; jury or judge deliver the verdict of guilt or innocence

5. Everyone accused of a crime has the right to a public trial and a lawyer (6th)
If a person cannot afford representation, court must appoint and pay for one.
Everyone must be presumed “innocent until proven guilty”
Can ask for a review of the case if court made a mistake

6. The main goal of the legal system is equal justice under the law.
Why can this be difficult to achieve?
Judges and juries are not free from personal prejudices
Discrepancy between the rich/poor when it comes to getting the best legal help

7. The Federal Court System
Article III establishes a national Supreme Court and gives Congress the power to establish lower federal courts
Over the years, Congress set up three levels in the federal court system: District courts, the Appellate courts, and the Supreme Court
Each state has its own set of laws and court system as well.

8. The U.S. Court District Courts
Supreme Court
Limited original +
Appellate jurisdiction
The U.S. Court
of Appeals
District Courts
Original jurisdiction

9. The U.S. Constitution gives federal courts jurisdiction over 8 types of cases.
Any case that applies to the U.S. Constitution.
Violations of federal laws.
Disagreements between state gov’ts(civil cases).
Civil lawsuits between citizens of different states
Cases in which the U.S. gov’t sues or gets sued
Disputes between a foreign gov’t and either the U.S. gov’t or an American private party
Accidents or crimes on the high seas (Admiralty and Maritime laws )
Cases involving a U.S. Diplomat
The federal courts in these 8 areas have exclusive jurisdiction – only courts who can hear and decide such cases.
In a few circumstances, state and federal courts have concurrent jurisdiction – courts share jurisdiction and either may hear the case

10. District Courts
Lowest level of the federal court system. This is where most lawsuits begin.
Hears both civil and criminal cases
Original jurisdiction: Authority to hear cases for the first time.
Only courts with witnesses and juries.
Each state has at least one district court.
94 total
90% of all court cases are in district courts.

11. Court Officials
Judges: Decide procedure and punishment. Appointed by the president and approved by the Senate. They can only be removed through the impeachment process. No political pressure.
Magistrate: Issue court orders and take care of pre-trial matters. Appointed for 8yrs by federal judges.
US Attorney: One for each district. Gov’t lawyer who proves that a suspect is guilty. 4yrs terms/appt by pres
Marshal: Arrest suspects, brings defendants to court, and serves subpoenas - order requiring a person to appear in court.
Judges They earn $162,100.
Magistrate They earn $149,132.

13. Court of Appeals
Appellate jurisdiction: Hear only cases that have been appealed from district courts.
Reviews decisions made in lower district courts
Circuit: Geographic area an appeals court has jurisdiction in - there are 12 judicial circuits.
There is a 13th appeals court, the U.S. Court of Appeals for the Federal Circuit. Based in DC and has nationwide jurisdiction in special cases – international trade or paten law
Map is the same as district courts

14. Circuit court judges
Appeals courts do not hold trials or determine guilt or innocence. Rule on whether defendants rights were protected and if they received a fair trial; decisions are usually final
A panel of at least 3 judges will hear each case.
The court may:
1. Uphold the earlier ruling.
2. Overturn the decision.
3. Remand the case to a lower court for a new ruling.
Some cases will be appealed to the Supreme Court.
They earn $171,800 a year.
Each appeals court has from 6-27 judges.

15. Looking for Federal District Judge!
The President is looking has openings for Federal District Judge appointments. Write an employment ad for a federal district judge. Use complete sentences. Include a job description, benefits, and qualifications you believe they should have.
Use your notes and pages of your book

16. Review What is the lowest level of the federal court system?
Which is the only court with jury trials?
What is an order requiring a person to appear in court?
What is appellate jurisdiction?
How many judicial circuits are there?
What are the 3 things a circuit court judge can do with a case?

17. Ch Supreme Court
Main job is to decide whether laws are allowed under the US Constitution
Original jurisdiction- involving diplomats and ambassadors from foreign countries or issues between two states or between states and the federal government
Appellate jurisdiction on everything else.
Decisions can not be appealed.

18. Supreme Court Justices
There are nine justices (1 chief and 8 associate).
Justices write the court’s opinion after reviewing a case
1967, Thurgood Marshall became the first African-American justice.
1981, Sandra Day O’Connor became the first female justice.
Associate justices receive $199,200 and the Chief justice receives $208,100.

19. Justices The president appoints Supreme Court justice, Senate approves
Are always lawyers. Practiced or taught law, served on a lower court
Have the same political philosophy as the President

20. Chief Justice John Roberts
Appointed by George W. Bush
Senate Confirmation:
September 29, 2005– present
DOB: January 27, 1955

21. Justice Anthony Kennedy
Appointed by Ronald Reagan
Senate Confirmation: 97-0
February 18, 1988– present
DOB: July 23, 1936

22. Justice Clarence Thomas
Appointed by George H. W. Bush
Senate Confirmation:
October 23, 1991– present
DOB: June 23, 1948

23. Justice Ruth Bader Ginsberg
Appointed by Bill Clinton
Senate Confirmation: 96-3
August 10, 1993– present
DOB: March 15, 1933

24. Justice Steven Breyer Appointed by Bill Clinton
Senate Confirmation: 87-9
August 3, 1994– present
DOB: August 15, 1938

25. Justice Samuel Alito Appointed by George W. Bush
Senate Confirmation:
January 31, 2006– present
DOB: April 1, 1950

26. Justice Sonia Sotomayor
Appointed by Barack Obama
Senate Confirmation:
August 8, 2009– present
DOB: June 25, 1954

27. Justice Elena Kagan Appointed by Barack Obama
Senate Confirmation:
August 7, Present
DOB: April 28, 1960

28. Justice Neil M. Gorsuch Appointed by Donald Trump
Senate Confirmation: 54-45
April 7, present
DOB – Aug 29, 1967

29. Judicial Review
The Court’s main job is to decide whether laws and government actions are constitutional.
Court does this through judicial review—the power to say whether any law or government action goes against the Constitution.
The Constitution does not give the Supreme Court the power of judicial review
Court claimed that power when it decided the case Marbury v. Madison

30. Marbury v. Madison
As John Adams was leaving the presidency, he signed an order making many individuals federal judges including William Marbury Incoming President Thomas Jefferson refused to carry out the order; Marbury does not become a judge.
Marbury takes case to the Supreme Court
Marbury’s main argument came through the Judiciary Act of 1789, Congress can grant the Supreme Court original jurisdiction in which they can order a government officer to perform mandatory duties (such as confirm judges)

31. Remember, under Article III of the Constitution, the Supreme Court only has original jurisdiction in two types of cases: anything involving foreign diplomats and disputes between the states; anything else has to work its way through the appellate process.
Question: Can Congress expand the original jurisdiction of the Supreme Court?
No!

32. Marbury v. Madison Opinion
Chief Justice John Marshall decided that Congress does not have the power to modify the Supreme Court’s jurisdiction
Conflicts with the Constitution and Judiciary Act of 1789

33. 3 Principles Established
Constitution is the supreme law of the land
If a law conflicts with the Constitution, Constitution rules
The judicial branch has a duty to uphold the Constitution; ability to determine when a law conflicts with the Constitution and void that law (judicial review)
This is a major check against the other two branches - It can declare if acts or executive orders are unconstitutional

34. Limits to the Court’s Power
The Court depends on the executive branch and state and local officials to enforce its decisions; usually they do - Exception: Worchester v. Georgia
Congress can get around a Court ruling by passing a new law, changing a law ruled unconstitutional, or amending the Constitution
The President appoints justices; Congress approves appointments
Congress can remove judges/justices through the impeachment process

35. The Court cannot rule in a case or decide if a law is unconstitutional unless the law has been challenged in a lower court and the case comes to it on appeal
The Court will accept only cases that involve a federal question.

36. Ch 8.4 Supreme Court Schedule
Term – October – June
First two weeks of the month, they hear arguments, discuss cases, and vote.
Second two week recess where they decide what cases to hear and write opinions on other cases. They read briefs, arguments written by attorneys .

37. Cases in the Supreme Court
Almost all cases reach the Supreme Court on appeal.
Writ of Certiorari: When a lower court asks for a ruling because it is not sure how to apply the law in a case. (means to make more certain)
Lower courts sometimes ask the Supreme Court to make a ruling.

38. Over 7000 applications each year, only around 150 get heard.
4 out of 9 justices must want to hear a case. It is then placed on the docket (calendar).
Typically hear cases that involve constitutional questions or are of public interest.
The case must have two adversaries(opposing sides)

39. Each case goes through 5 steps:
Written Argument - lawyers for each side prepare a brief - written document on one side’s position on the case.
Oral Arguments - lawyers for each side have 30 minutes each to summarize its case
During this time the justices have the opportunity to ask the lawyers very tough questions that the lawyers have to be prepared to answer about the case.

40. Conference - the justices get together to make their decisions on the case; always held in secret; no audience; no meeting minutes are kept.
A majority, 5 of 9 decides the outcome of a case (at least 6 must be present for a decision)
If there is a tie, the lower court ruling is upheld.

41. Opinion Writing - After a decision has been reached, one justice gets the job of writing the majority opinion - represents the views of the majority of the justices on a case
Opinion states the facts of the case, announces the ruling, and explains the Court’s reasoning in reaching the decision.
Opinions are important because they establish the precedent for the lower courts to follow.

42. 5. Announcement - Court announces its decision, written copies reach the news wire and the decision can be read on the Supreme Courts’ website.

43. Answer the following prompts in at least 2 paragraphs
1. A judge who shares a president’s views when first appointed may rule differently on cases later. Why?
2. Do you think it is a good idea that Supreme Court justices are appointed for life? Explain your answer.

44. Do you remember??? Opportunity cost State revenue Partnerships
Corporations
Monetary decisions
‘rust belt’ & ‘sun belt’
Comparative advantage
Pos. & neg. impacts on GDP
Supply & demand curves
Business cycle
Federalist Papers
Federalism
Articles of Confederation
Jean-Jacques Rousseau
John Locke
Baron de Montesquieu
17. Declaration of Independence
18. Types of government
19. “Consent of the Governed”
20. Types of democracy
21. Battle of Saratoga
22. Legislative Branch
23. Elastic Clause
24. Parts of the Constitution
25. Popular sovereignty
26. Marbury v Madison
27. McCulloch v Maryland
28. Plessy v Ferguson
29. Brown v Board of Ed
30. Dred Scott v Sanford
31. Executive Branch
32. Steps to become President

45. 1. A judge who shares a president’s views when first appointed may rule differently on cases later. Why? 1-2 paragraphs
2. Former Chief Justice Charles Evans Hughes once said, “The Constitution is what the judges say it is.” Explain the meaning of this statement.
1-2 paragraphs
3. Do you think it is a good idea that Supreme Court justices are appointed for life? Explain your answer.

46. Review District Court Mapp v Ohio Appellate court US v Nixon
Supreme Court
Korematsu v US
Precedent
Furman v Georgia
Judge
NJ v TLO
Magistrate
Brown V Board of Ed
US Attorney
Plessy v Ferguson
Circuit
Roe v Wade
Dissenting opinion
Bush v Gore
Concurring opinion
Marbury v Madison
Majority opinion
Gibbons v Ogden
Appellate jurisdiction
Gideon v Wainwright
Original jurisdiction
Miranda v Arizona
Hazelwood v Kuhlmeier