1. Chapter 15.4
The Federal Judiciary
Article III
Short
“Judgment”

2. Article III Outline the cases to be decided by the Judicial Branch
2 types of jurisdiction

3. 1 Cases involving: the “C” Federal law
Disputes with foreign governments

4. 2
Civil cases involving different states
People or the states

5. Judicial Review Not in “C” The power to declare acts unconstitutional
1803 Marbury v Madison (established)
Most important check on other branches

6. U.S. District Courts Where Federal Cases Begin
94 federal district courts
89 in US
5 in DC, PR & territories
Original jurisdiction

7. US Appeals Court Where appeals end 13 appellate courts Page 277
Judged sit in panels of 3 to hear cases
Review district court case for errors

8. Example Affirmative Action 1978 Bakke case 1992 Hopwood case
2003 Grutter case

9. Special Courts
Tax law
Trade law
military tribunals

10. Federal Judges President appoints Senate confirms
No qualifications in the “C’

11. Who? President chooses someone Submits nomination to Senate
Senate Judiciary Committee approves (or not)
Senate approves (or not)

12. Reality Senatorial Courtesy Unwritten “rule”
Senator can block a nomination to a court in his home state
Blue slip policy = opposition

13. Term For Life “During good behavior”
Congress can fix terms for special court judges
Removal = impeachment
7 of 13 impeached have been removed

14. 15.5 The Supreme Court Court of Last Resort
Now = 9 justices (6 M / 3 F)
As of 2017:
Total = 113 justices
109 male
4 female

15. Selection President nominates Senate Confirms Very involved
Background check
Judicial temperament
Confirmation hearing

16. cases Several thousand cases / year Court hears 100-150 / year
Has both original and appellate jurisdiction

17. how Few original jurisdiction cases
Most come from appeals from lower courts
Most common = writ of certiorari
Writ = legal document
“cert” = SC orders a case from lower court be brought for review
4 of the 9 must agree to hear case

18. ?? What happens if it is denied? Lower court ruling stands
If accepted……case is added to the docket

19. Then what? Both sides prepare legal briefs
Amicus curiae brief can be filed by interest groups (importance to many)
Oral Arguments are heard from both sides

20. Decision time
Justices meet twice a week in conference to discuss cases
Cases decided by majority vote
Decisions uphold or overturn a lower court decision

21. Overturn? Case is sent back to lower court for further action
Ex: new trial

22. Stare decisis Every decision serves a precedent for future cases
Lower courts must honor decision
“stand by things decided”
Consistency

23. sometimes Court will overturn a previous ruling Make a new precedent
EX: salute the flag…..don’t have to salute the flag

24. opinions Majority opinion = legal document stating reason for decision
Dissenting opinion = reason why disagree with majority decision
Concurring opinion = agree with majority but for different reason

25. Judicial Activism
Court has the right and obligation to use its power of judicial review to overturn bad precedents and promote socially desired goals
Liberal view
Defender of civil and women's rights

26. Judicial Restraint
Judicial review should be used sparingly, especially in controversial issues
Conservative view
Elected Representitives make social decisions not judges (unelected)

27. Check Who nominates a federal judge? Who confirms a federal judge?
What is the term for a federal judge?
How many federal districts are there?
How many SC justices are there now?
What is the term for a SC justice?
The SC has both ___ & ____ jurisdiction