1. Judicial Branch

2. What is the Judicial Branch?
The third branch of government is the Judicial branch. The Judiciary is made up of courts – Supreme Court, Circuit Court, the magistrate (local) and municipal (city) courts.
The job of the Judicial branch is to interpret the laws.

3. Jurisdiction The right of a court to hear a case.
Types of Jurisdiction:
Original – right to hear a case for the first time.
Jurisdictional levels:
Federal
State
Local
Appellate – right to hear a case on appeal; law has been applied unfairly or incorrectly
Exclusive – assigned by Constitution; only federal courts can hear; includes cases involving national laws, the federal government or other governments (State or Foreign)
Concurrent – cases that can be decided in state or federal courts

4. The American Legal System
Sources of Law
Constitution of the United States
Statutory laws – (statutes) laws that are written by state legislatures and other lawmaking bodies
Common Law – origin of stare decisis; past rulings that are used to make decisions

5. Branches of Law (Criminal and Civil)
Public Law – concerns the relationship between the government and citizens
Criminal Law
Constitutional Law
Administrative Law – rules and regs of the gov. agencies
International Law – rules that guide relations w/other countries
2. Private Law – deals with disputes between individuals, businesses or other organizations
Contracts
Property
Torts (wrongful act that injures a person or someone’s property)
Domestic Relations

7. Federal District Courts
federal trial courts; currently 94 courts
at least one per state plus D.C. and Puerto Rico
2 judges per court
have original jurisdiction
hear 80% of federal cases(about 300,000/yr.)

8. Court of Appeals
set in 12 districts or circuits; usually 3 judge panels
hear appeals from district courts
set up to lessen workload of Supreme Court
have appellate jurisdiction
does not always mean a trial
about 400,000 cases/yr.

9. Supreme Court
court of last resort most appeals come from the Court of Appeals
currently 8 associate justices and chief justice
judicial review-declare act unconstitutional
about 6,000 cases apply/yr., only about 100 get full decision

10. Other Federal Courts Territorial Courts U.S. Tax Court
set up like federal district courts in U.S. territories
D.C. Court
handles all cases for the nation’s capital
Court of International Trade
civil cases (involve money or property)
foreign business dealings covered here
U.S. Claims Court
public officials can be sued here
Government can be sued in some cases approved by Congress
U.S. Tax Court
disputes between taxpayers and the IRS
Court of Military Appeals
trials of service persons (court martials)
Court of Appeals for Federal Circuit
nationwide jurisdiction
civil cases mostly
patents, trademarks, copyrights

11. Process to the Supreme Court
Federal Indictment
Federal Grand Jury Hearing
True Bill of Indictment
Trial in Federal District Court
Verdict by Trial (Petit) Jury
Appeal to Courts of Appeals (Circuit Courts)
3 panel court decides to uphold or overturn the verdict
Appeal to United States Supreme Court

12. To Hear a case before Supreme Court
Submit Appeal - In most cases lawyers write an appeal for the court to issue a writ of certiorari. (forces lower courts to send documents from the case to be reviewed)
Appeal Granted - (Rule of Four) 4 of 9 justices agree to put case on docket (schedule).
Submit Brief - Merit Briefs are written legal arguments by lawyers to support one side of a case. *Amicus Curaie Briefs – friend of the court (interest groups file)
Oral Arguments - the lawyers have the opportunity to give their arguments and ask questions about the case. It is almost always limited to 7 sittings at 30 minutes for each side. (2 weeks long)
Conference - justices discuss and vote on cases. (Wednesday morning and on Friday)
Write Opinions – after voting on the case, each justice may write their opinions.
The Decision is Final

13. Making Decisions:
Judicial Restraint – the Court limits itself to matters of law and justice as they are brought before them.
Judicial Activism – the Court does not refrain from making policy with its decisions.
Write Opinions – majority – decision of the court
concurring – agrees with the decision but wants to explain why
dissenting – disagrees and wants to explain why
Precedents – decisions of the Court become the standard or rule for future cases.

14. Supreme Court Justices
President appoints; Senate approves
Their term is for Life
Impeached like any other office
Currently they make around $192,600
Pay cannot be lessened during their term

15. Selection Process
President consults advisors; Attorney General presents list of candidates
FBI does background check; ABA ranks candidates
Interest groups try to influence Senate vote
Senate Judiciary Committee rejects or confirms