1. Judicial Branch

2. Judicial Branch
The courts serve as an impartial forum for resolution of disputes in both civil and criminal cases.

3. The American Legal System
Criminal law
Codes of behavior related to the protection of property and individual safety
Civil law
Codes of behavior related to business and contractual relationships between groups and individuals (typically disputes over money or property)

4. Article III
Section I gave Congress the authority to establish other courts as it saw fit.
Section II specifies the judicial power of the Supreme Court and discusses the Court’s original and appellate jurisdiction.
Also specifies that all federal crimes, except those involving impeachment, shall be tried by jury in the state in which the crime was committed
Section III defines treason and mandates that at least two witnesses appear in such cases.

5. Article III
Framers gave federal judges tenure for life “with good behavior”
Did not want judges to be subject to the whims of politics, the public, or politicians
Hamilton argued in Federalist 78 that the “independence of judges” was needed “to guard the Constitution and the rights of individuals.”

6. Article III Some checks on judiciary include:
Congress has the authority to alter the Court’s jurisdiction.
Congress can propose constitutional amendments that, if ratified, can effectively reverse judicial decisions.
Congress can impeach and remove federal judges.
President (with advise and consent of Senate) appoints federal judges

7. Judicial Checks on Other Branches

8. Role of the Courts Resolve disputes, set precedents, interpret the law
Resolving Disputes
hear “cases and controversies”
Set Precedents
Determine what is legal in future situations with similar issues
Judges, lawmakers, government officials, companies and citizens use as guides for action

9. Interprets the Law
Strict constructionists: believe laws and Constitution should be interpreted according to their wording
If it is vague, historical records should be examined to determine intended meaning
Loose constructionists: believe laws and Constitution must be interpreted in light of current political/social conditions
Judges should consider current standards

10. The Judiciary Act of 1789 and the Creation of the Federal Judicial System
Established the basic three-tiered structure of the federal court system
District courts: at least one in each state, each staffed by a federal judge
Circuit Court: avenue for appeal
Each circuit court initially composed of one district court judge and two itinerant Supreme Court Justices who met as a circuit court twice a year
Supreme Court size set in the Act – chief justice and five associates
Number of justices set to 9 in 1869

11. Judicial Review
Allows the judiciary to review the constitutionality of acts of the other branches of government and the states
Settled under Marbury v. Madison (1803) for national government’s acts

12. The American Legal System
Trial courts
Courts of original jurisdiction where a case begins
Appellate courts
Courts that generally review only findings of law made by lower courts

15. The Federal Court System
Constitutional courts
Federal courts specifically created by the U.S. Constitution or Congress pursuant to its authority in Article III
Legislative courts
Courts established by Congress for specialized purposes, such as the Court of Military Appeals

17. The Federal Court System
District Courts
94 federal district courts staffed by 646 active judges, assisted by more than 300 retired judges
No district courts cross state lines
Every state has at least one federal district court
The most populous states have four. (CA, TX, and NY)

19. Original Jurisdiction of Federal District Courts
Involve the federal government as a party
Present a federal question based on a claim under the U.S. Constitution, a treaty with another nation, or a federal statute
Involve civil suits in which citizens are from different states, and the amount of money at issue is more than $75,000

20. District Courts Each federal judicial district has a U.S. attorney.
This individual is nominated by the Dept. of Justice and white house staffers
Senatorial Courtesy
A process by which presidents, when selecting district court judges, defer to the senator in whose state the vacancy occurs

21. The Courts of Appeals
The losing party in a case heard and decided in a federal district court can appeal the decision to the appropriate court of appeals.
11 numbered circuit courts
Twelfth, D.C. Court of Appeals
Handles most appeals involving federal regulatory commissions and agencies
Thirteenth, U.S. Court of Appeals for the Federal Circuit
Deals with patents and contract and financial claims against the federal government

22. The Courts of Appeals Have no original jurisdiction
Try to correct errors of law and procedure that have occurred in the lower courts or administrative agencies
Hear no new testimony
Briefs submitted to them containing legal written arguments in a case

23. The Courts of Appeals Senatorial courtesy does not apply
Senate examines nominations more carefully than in district courts
Judges are more likely to wind up serving for Supreme Court later

24. The Supreme Court
Reviews cases from the U.S. courts of appeals and state supreme courts (as well as other courts of last resort)
Acts as the final interpreter of the Constitution
Ensures uniformity in the interpretation of national laws and the Constitution
Resolves conflicts among the states
Maintains the supremacy of national law in the federal system
8 justices and one chief justice
Relatively few support staff
Clerks plus 400 staff members

25. Appointments to the U.S. Supreme Court
Nomination Criteria
Competence
Ideology or Policy Preference
Strict constructionist: an approach to constitutional interpretation that emphasizes the Framer’s original intentions
Rewards
Pursuit of Political Support
Religion
Race, Ethnicity, and Gender

26. The Roberts Court Conservatives
Roberts, Kennedy, Thomas, Scalia, Alito
Liberals – Breyer, Ginsburg, Sotomayor, Kagan

27. The Supreme Court Today: Deciding to Hear a Case
Over 8,000 cases were filed at the Supreme Court last term
Usually argued
In the 1940s, fewer than 1000 cases were filed annually
Today many of the cases involve Bill of Rights issues

28. Cases with Supreme Court Jurisdiction
All cases arising under the Constitution and laws or treaties of the United States
All cases of maritime or admiralty jurisdiction
Cases in which the US is a party
Controversies between a state and citizens of another state (later modified by the 11th Amend)
Controversies between two or more states
Controversies between citizens of different states
Controversies between citizens of the same states claiming lands under grants in different states
Controversies between a state, or citizens of a state, and foreign states or citizens
All cases affecting ambassadors or other public ministers

31. Supreme Court Today
Court has two types of jurisdiction: Original & Appellate
Writ of certiorari
A request for the court to order up the records from a lower court to review the case
Use the Rule of Four
Court controls its caseload through the certiorari process.
All petitions for certiorari must meet two criteria:
The case must come either from a U.S. court of appeals, a special three-judge district court, or a state court of last resort.
Case must involve a federal question. This means that the case must present questions of interpretation of federal constitutional law or involve a federal statute, action or treaty.

33. Hearing and Deciding a Case
Oral Arguments
7 sittings, 2 weeks long
Supreme Court Conference
Each Friday
Vote and write Majority Opinion

34. Written Decisions of the Court
Opinion of the Court
Majority opinion – often written by senior member
Concurring Opinion
Agreed with Opinion of Court but not the reason behind the decision
Dissenting Opinion
Disagreed with Opinion of Court