1. Chapter 10: The Judicial Branch

2. Journal Assignment
Read Judicial Review & Marbury v. Madison, pp and comment
Due Friday

3. Interpreting the Law
Primary function of courts in general and Supreme Court in particular
Mechanical jurisprudence—the view of judging
Laws often ambiguous

4. Legal Interpretation Judges base decisions on precedents, laws
Explain interpretations by invoking generally accepted legal standards or yardsticks
Can sometimes explain decisions by the literal meaning of the words of text in question

5. Legal Interpretation May refer to intent of the framers
Previous court cases/precedents
May base decisions on social or political needs
**All enhance the credibility of decisions

6. Structure & Jurisdiction
Dual Court System
There are 50 state court systems
One federal court system

7. State Courts
Lower courts include municipal courts, police courts, justices of the peace, and/or district magistrates.
The lowest courts in the state judicial hierarchy have limited jurisdiction in both civil & criminal cases.

8. State Courts Trial courts with general jurisdiction
Most cases of a relatively serious nature start here

9. State Courts Intermediate appellate courts
Trial court decisions can be appealed here

10. State Courts Sate Supreme Court or Court of Appeals
--This court occupies the top position in the state judiciary

11. Federal Courts
Three-level Pyramid

12. Federal Courts
The United States district courts are at the bottom of the triangle.
The United States court of Appeals are the middle.
The United States Supreme Court is at the top

13. Court Jurisdiction
A case that is heard on original jurisdiction originates or starts in that court. It has not previously been heard in a lower court.
A case heard on appellate jurisdiction has already been heard elsewhere, and it is now being heard on appeal.

14. Jurisdiction
Federal courts have jurisdiction over cases involving federal parties (example: ambassadors, leaders, etc) or federal questions (examples: federal laws or treaties, interpretation of constitutional law)

15. US Constitution
Constitutional Courts—judges enjoy lifetime tenure; Article III
Legislative courts---Article I, Provide advisory opinions and perform other functions assigned to them by Congress

16. Supreme Court Only court explicitly outlined in Constitution
Membership fixed by Congress
Since 1869 the Court has had 9 members, including a chief justice and eight associate justices
6 members are needed for quorum

17. Supreme Court
President nominates
Lifetime appointment

18. Supreme Court Chooses cases—no independent data, relies on briefs
Oral arguments heard over seven 2-week sessions
Conference Days—Private meetings/deliberation

19. Supreme Court Process
At meeting, they speak in descending order of seniority.
Take tentative vote in ascending order of seniority
Assign opinion writing—drafted and circulated to fellow justices for comment

20. Majority Opinion
Concurring Opinion—Can be authored by a justice who agrees with the outcome of a case but for different reasons; may go on record with own opinion; can influence future opinions; can lessen impact of majority opinon

21. Majority Opinion
2) Dissenting Opinion---minority opinions; written by justices who dissent; may influence future decisions; can undermine majority opinion

22. Majority Opinion Unanimous Opinion---Most legitimate and powerful
**On opinion day, tied in with oral argument days, the Court announces its decisions***