1. Chapter 15: The Judicial Branch

2. Current Supreme Court John G. Roberts, Jr., Chief Justice Elena Kagen
Neil Gorsuch
Anthony Kennedy
David Souter
Clarence Thomas
Ruth Bader Ginsberg
Stephen Breyer
Samuel Alito Jr.
Sonia Sotomayer

3. Judicial Branch
Article III of the Constitution established the judicial branch of government with the creation of the Supreme Court.
This court is the highest court .
There are lower Federal courts
Congress -necessary
State court systems

4. Basics
Appointees to the federal bench serve for life or until they voluntarily resign or retire.
The Supreme Court is the most visible of all the federal courts.
The number of Justices is determined by Congress rather than the Constitution, and since 1869, the Court has been composed of one Chief Justice and eight Associate Justices. Justices are nominated by the President and confirmed by the Senate.

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.
Usually NOT Very serious ct. 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
Not the first time a case is heard
Cts. Of appeals determines if the rights of the accused were upheld in court in the lower level.

10. State Courts State Supreme Court or Court of Appeals
--This court occupies the top position in the state judiciary
- Some states do not have a Court of Appeals- goes directly to the State Supreme Ct.

11. Becoming a Judge at the state level
Election: by the people
Appointment: Governor or state legislature
Merit Selection: committee nominates judges based on merits or qualifications & Governor then appoints the judge.
- usually you will vote to “retain” the judge in their position.

12. Cases
State:
- traffic, divorce, landord- tenant, contracts, personal injury, inheritance
Federal:
-interstate commerce, federal taxes of federal programs, patent and copyright, treaties, citizens of other countries, bankruptcy, disputes between states
Both:
- crimes punishable under state and fed, environment, class- action, U.S. Constitution

13. Federal Courts
Three-level Pyramid

14. Federal Courts
The United States district courts are at the bottom of the triangle.-94
The United States court of Appeals are the middle. 13
The United States Supreme Court is at the top

15. 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

16. Supreme Court
President nominates Supreme court justices and are approved by the Senate
Senatorial Courtesy
Lifetime appointment

17. Supreme Court Process
Chooses cases—no independent data, relies on briefs
-Amicus Curiae- Written by 3rd parties
Oral arguments heard over seven 2-week sessions
Conference Days—Private meetings/deliberation
Call up Writ of Certiorari - “Writ of Cert”
Rule of Four

18. Types of Legal Conflicts
Criminal: violating criminal laws
-fines, jail, probation
BEYOND REASONALBE DOUBT
- arson, killing, raping, speeding
Civil Law: conflicts between private parties
-ownership, destruction of property, divorce, custody

19. Actors Criminal Civil: Defendant: accused of the crime
Prosecution: government lawyer or team of lawyers bring evidence against defendant
Civil:
Defendant
Plaintiff: person bringing the lawsuit to court.

20. Structure & Jurisdiction
Dual Court System
There are 50 state court systems
One federal court system
Each state has a state supreme court

21. 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.

22. 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)
Limited original jurisdiction: Lawsuits between states, Involving Foreign Ambassadors, Conflicts in rulings between states

23. Judicial Review
Judicial Review is this process that the judiciary uses to provide checks and balances on the legislative and executive branches.

24. Judicial Review Judicial review - not an enumerated
- is an implied power.
In Marbury v. Madison (1803), the courts' power of judicial review was clearly articulated.

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

26. Legal Interpretation Judges base decisions on precedents, laws
Can sometimes explain decisions by the literal meaning of the words of text in question

27. Legal Interpretation May refer to intent of the framers
- Strict Construction
Previous court cases/precedents
May base decisions on social or political needs
- Loose construction
**All enhance the credibility of decisions

28. Schools of Thought
Judicial Activism: use judicial review to overturn bad precedents
- controversy? Liberals
Judicial Restraint: judicial review used sparingly.
-Conservative

29. 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

30. Supreme Court Opinions
1. Majority Opinion: written opinion of the majority stating reasoning for the decision

31. Supreme Court Opinions
2. 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 opinion

32. Supreme Court Opinions
3. Dissenting Opinion: minority opinions; written by justices who dissent; may influence future decisions; can undermine majority opinion