1. Overview of the judicial branch
November 29, 2018

2. Who are they? Who are these folks?
In what branch of government do they belong?
Who are they?
They are the justices who serve on the U.S. Supreme Court. It is part of the judicial branch.

3. Antonin Scalia
Justice Antonin Scalia died last February while on a hunting trip to West Texas.

4. Merrick Garland
President Obama nominated federal judge Merrick Garland to fill the vacancy, but the Senate refused to consider the nomination.

5. Donald Trump
President Trump appointed Neil Gorsuch to repace Scalia and the Senate confirmed him.
The Republican essentially stole a seat from the Republicans.

6. Judicial Selection
The president appoints federal judges subject to Senate confirmation by majority vote. When voters elect a president and a Senate, they are also choosing judges.

7. Life, with good behavior
The Constitution says that judges serve for “life, with good behavior.” Why did the framers of the Constitution provide for the lifetime appointment of judges?

8. Federalist Papers
Alexander Hamilton said this about life tenure: “And it is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws.”
The framers wanted judges to be as little influenced by politics as possible.

9. Kinds of Courts Trial courts Appellate courts
Trial courts hear testimony and review evidence. They have judges and, maybe, juries. They determine the facts of a case.
Appellate courts make decisions based on points of law. They do not retry cases.

10. Courts in America
Appellate court
Appellate courts
Trial courts

11. Lower Federal Courts

12. U.S. District Courts
District courts are the basic trial courts of the federal system. They try all federal cases.
District courts are trial courts, with judges, witnesses, testimony, evidence, juries, verdicts, etc.

13. Criminal cases
A criminal case is a legal dispute dealing with an alleged violation of a penal law.
Bank robbery
Postal theft
Drug trafficking

14. Civil cases
A civil case is a legal dispute concerning a private conflict between two or more parties-- individuals, corporations, or government agencies.
Contract dispute
Bankruptcy

15. Jurisdiction Civil Criminal
District courts have jurisdiction over bankruptcy cases filed under federal law, civil cases involving more than $75,000 in which the U. S. government is a party, and if either litigant requests it, lawsuits in which the parties live in different states and in which more than $75,000 is at stake.
District courts try all federal criminal cases, including postal theft, bank robbery, securities fraud, etc.
Note: Most cases (murder, robbery, burglary, assault, theft, divorces, personal injuries, etc.) are tried in state courts, not federal courts.

16. A judge is a lawyer who knows a senator.
Senatorial courtesy is the custom that senators have a veto on the nomination of judges to staff district and circuit courts located in their states. A senator who opposes a nominee from her or her state is a said to issue a blue slip. Senate Republicans are now considering whether to end the blue slop to enable President Trump to fill court vacancies more quickly.
Note: Senatorial courtesy does not apply to the nomination of Supreme Court judges.

17. Confirmation Process
The Senate Judiciary Committee evaluates nominees. The staff conducts a background check and the committee holds a hearing. Although few nominees are rejected, the process is often slow.

18. U.S. Courts of Appeals
Cases from Texas go to which court of appeals circuit?
Texas is in the 5th Circuit.
There are 12 courts of appeals including one for the District of Columbia.

19. Jurisdiction
The courts of appeals hear cases appealed from federal trial courts, primarily U.S. district courts.
These are appeals courts, with judges reading briefs and hearing lawyers argue about issues of law.
Fifth Circuit Court of Appeals building in New Orleans, Louisiana

20. Procedures
Appeals courts do not retry cases. They review records and consider legal arguments.

21. Appeals Court Actions
The court may affirm (uphold) the lower court decision, reverse it, modify it, or affirm part of the lower court ruling while reversing or modifying the rest. Frequently, an appeals court may remand (return) a case to the trial court for reconsideration in light of the appeals court decision.

22. Final Word
The courts of appeals have the final word on more than 95 percent of the cases they hear because the Supreme Court rarely intervenes on appeal.

23. Nomination Process More contentious than district court confirmations
Senatorial courtesy does not apply
Senate takes more care
New arena for conflict between the parties

24. What You Have Learned
How are judges selected? What is the length of their term of office?
Why did the framers provide for lifetime appointment of judges?
What is the difference between trial and appellate courts?
How is the federal court system structured?
What sorts of cases do district courts and the courts of appeals hear?