1. The Judicial Branch
Chapter 7

2. Bell Ringer Page 217 – Real Life Civics
What do these Supreme Court rulings show about the kinds of cases the Court hears?
Do you think any rulings by the Supreme Court have affected your life?
The SC hears cases concerning issues that affect all Americans & actions of the government
Integrating schools, students’ rights,

3. Role of the Federal Courts
Two Types of Cases: Civil & Criminal
Criminal Case: Crime committed
Witnesses Called
Verdict of guilty or Innocent
Civil Case: Two private parties
Private Party & Gov’t
Two parts of Gov’t

4. Origin of the Federal Courts
Supreme Court: Article III of the Constitution
Judiciary Act of 1789: District Courts & Circuit Courts
94 District Courts: Trial Courts
13 Circuit Courts: Appeals Courts
Supreme Court: Final Appeal

5. Court System Dual Court System: Exist along with 50 State Courts
Presumed innocent until proven guilty
Right to ask for an appeal
Federal Courts hear cases involving the Constitution
Some Federal Laws: kidnapping, tax evasion, counterfeiting (Crimes)
Also they hear Civil Cases involving Rights.

6. “You Do Together”
Chart Skill – Page 219
How do federal and state courts differ? (Contrasting)
What are some advantages of a dual court system? (Inferring)

7. Answers
Federal Courts get power from Constitution, judges are appointed for life, hear appeals from state courts. State Courts involve state law & judges are elected or appointed for set terms
State courts can handle local level. Federal Courts can handle interstate disputes and appeals

8. Essential Question What is the role of the Federal Court System?
Make sure everyone is treated equally under the law

9. Bell Ringer
Page 224
In which circuit are Alabama, Georgia, and Florida?
Why do the circuits vary in the size of the geographical area they cover?
11th Circuit
The areas have different population sizes & number of cases

10. 94District Courts Lowest level of the Federal System
Every State has at least one
Only Federal Courts with witnesses & Juries
Original Jurisdiction: authority to hear the case for the first time

11. Circuit Court of Appeals
Appellate Jurisdiction: authority to review the fairness of a case appealed from a lower court.
12 U.S. Courts of Appeal over a geographic area (Circuit)
13th Court hears special cases involving patent law or international trade or cases against the U.S.

12. Collaborative Practice: “You Do Together” Page 225
1.Which are the only courts in the federal system that can have jury trials?
2.What can be done by a person who does not agree with a decision of the Supreme Court?
Only district courts have jury trials
Nothing – there are no higher appeals past the Supreme Court

13. Essential Question How are the federal courts organized?
Lowest -> Highest

14. Bell Ringer
Page 231 Sandra Day O’Connor
What did Justice O’Connor mean when she said, “the power of my arguments, not my gender” made her a force on the Court?
Whether she was a man or woman made no difference – it was her legal reasoning that made the difference

15. Federal Judges Judges are the final authority in federal courts.
At least 650 serve District Courts
6- 28 for each Appeals Court
9 on the Supreme Court ( Justice)
President appoints all Federal Judges with Senate approval
Judges serve for life (die, retire, removed)

16. Supreme Court of the United States
Main job : to decide whether laws are allowed by the U.S. Constitution.
Original Jurisdiction:
Disputes between State
Diplomats from foreign countries
All other cases are appealed from lower courts

17. Supreme Court Supreme Court decisions are binding on lower courts
It hears a small % of cases it receives
When it refuses a case – the decision of the lower court stands
Nine Justices ( one is the Chief Justice)
No legal requirement
The Justices interpret the Constitution

18. Judicial Review: Review any law to see whether it goes against the Constitution
The Court can nullify or cancel a law
States have argued with the Supreme Court’s power to Check a State law and the will of the people in that State
The Court only rules on laws that are challenged by Federal cases and have been brought to them on appeal

19. YOU DO !! Marbury v. Madison Page 235
Why is Marbury v. Madison a Landmark Case?
Why did the Supreme Court refuse to allow the appointment of the last judges?
The court claimed the power to decide whether a law was constitutional or not
The part of the act that created those appointments was unconstitutional – the appointments could not be enforced

20. Essential Question What is the jurisdiction of the Supreme Court?
Original jurisdiction in two types of cases:
1. Cases involving disputes between states
2. Cases involving diplomats from other countries
ALL Other cases have been appealed from lower courts

21. Bell Ringer, October 26, 2017 Page 237
For each year shown – calculate the % of appeals to the SC that resulted in opinions
How has the trend of the requests changed through the years?
1965: 2.9%, 1975: 2.9%, 1985: 2.8%, 1995: .99%, 2000: .97%,
2004: .98%, 2006: .75%, 2008: .95%
Requests went up early on, then went up and down

22. Court Procedures Most cases come on appeal from lower court
Choose cases of Constitutional question
Choose cases where appellate courts have reached different decisions
4 Justices must agree to take the case for it to be put on the docket: calendar of cases
They hear about cases each term out of 10,000

23. How Rulings are Made Court study briefs from lawyers on both sides
Lawyers give oral arguments before justices and answer questions
Justices have a meeting – each give their opinion on the case
A majority vote decides the case

24. Factors Influencing Decision
Precedent
Social Conditions
Justice’s View of Court’s Role in Society
Justice’s Bias
Writing Opinions
Majority Opinion
Concurring Opinion
Dissenting Opinion
Unanimous Opinion
These opinions are filed forever – and used for review by lower courts and later by succeeding Supreme Court Justices

25. Essential Question What kinds of cases does the Supreme Court hear?
Most come on appeal from a lower court
Key Constitutional questions that involve the entire country
Two opposing sides

26. Chapter 7 Review – The Judicial Branch
Two kinds of Cases in the Judicial Branch:
Criminal & Civil
Article III of the Constitution created the:
The Judicial Branch
If two States were in a dispute – what kind of court would they go to?
The Supreme Court

27. District Courts can hold both Civil & _________________________ cases.
Criminal
What kind of Federal Court can reverse a District Court’s decision?
A Circuit Court – Appellate Court
What is Precedent?
previous opinions in similar cases
We have 13 _________________________ Courts in the United States.
Circuit (Appellate)

28. Which Federal Judges are appointed by the President & approved by the Senate?
All Federal Judges
When can the Supreme Court rule that a law is unconstitutional?
When it hears a case
What keeps Federal Judges from being influenced by politics?
Being selected for life, rather than being selected by the vote
Concurring Jurisdiction:
The right for both Federal & State courts to try a case

29. Judicial Review:
Power of the Supreme Court to say whether any federal, state, or local law goes against the Constitution
Brief:
A written document explaining the position of one side or the other in a case
Dissenting Opinion:
A statement written by a Justice who disagrees with the majority opinion
Unanimous Opinion:
A Supreme Court ruling on a case where all the Justices agree on the ruling

30. What is the goal of the Federal Court System?
To treat everyone equally
Every Criminal defendant has the right to remain _____________ and the right to ___________
Silent; Counsel (lawyer)
How many Supreme Court justices are there?
8 Justices & 1 Chief Justice (9 altogether)

31. At what federal level are most cases heard and decided upon?
District Courts
At what federal level are jury trials allowed?