1. Chapter 8
The Judicial Branch

2. Federal Courts 3rd branch of government
use the law to settle disputes between individuals & to decide guilt or innocence
interpret the meaning of the laws
the final word on their implementation

3. Federal Courts Principles of the Courts
treat all people the same regardless of wealth or social status
all are innocent until proven guilty
Difficulties of justice
judges have personal prejudices
poor can’t defend themselves as well as the rich

4. Levels of Courts Supreme Court (highest court in country)
Court of Appeals (middle level, listens to cases from the district court)
District Courts (lowest level of the federal courts)

5. Federal Jurisdiction Cases involving the Constitution
Violations of federal law (kidnapping, counterfeiting)
Controversies between the states
Disputes between parties from different states

6. Federal Jurisdiction Suits involving the federal government
Cases involving foreign governments and treaties
Cases based on admiralty and maritime laws
Cases involving United States diplomats

7. United States District Courts
Lowest level of federal court system
94 districts in the United States
Where trials and lawsuits usually begin
At least 1 district in every state
Have original jurisdiction-all cases start here
Use juries
Listens to both criminal and civil cases

8. U.S. Court of Appeals
also called Federal Appeals Court, Circuit Courts, or Appellate Courts
review decisions of lower courts
have appellate jurisdiction-right to hear cases from lower courts

9. U.S. Court of Appeals Lawyers can appeal if:
judge applied the law wrong
used wrong procedures
new evidence is found
rights were violated

10. U.S. Court of Appeals
12 districts in the USA & 1 federal district for the whole nation
don’t decide guilt or innocence, only if rights were violated
no juries
cases heard by a panel of 3 judges

11. U.S. Court of Appeals 3 types of decisions: reverse lower court ruling
uphold lower court ruling
remand the case-send it back to lower court for a new trial
write opinion papers to explain decisions, used as a precedent in the future

12. Number of Judges in Each Court
District Courts-650, at least 2 in each district
Court of Appeals-6 to 28 per circuit
Supreme Court-8 justices and 1 chief justice for a total of 9

13. Selection and Tenure of Judges
President appoints and Senate approves (PASA)
No official qualifications listed in the Constitution
Picked because they share common ideals with the current President
Often follow senatorial courtesy-asking the opinion of the senators from a judges home state before getting the official nomination
Appointed for life on good behavior
May be impeached for illegal actions

14. Other Court Officials Magistrate judges: do routine work of the court
issue court orders
hear minor cases
go through and make sure there is enough evidence to justify a trial

15. Other Court Officials District Attorney: PASA serve 4 year terms
decides to bring charges on behalf of the state
is the prosecutor in a court of law

16. Other Court Officials U.S. Marshals: PASA
makes arrests for the courts, collects fines, and takes people to prison
serve subpoenas
protects jurors, witnesses, and judges

17. Other Court Officials clerks secretaries court reporters
probation officers

18. Supreme Court Original jurisdiction in only 2 cases
cases involving diplomats of foreign countries
cases involving more than 1 state
Chooses the case it wants to hear
Final authority in all cases
Made up of 8 justices and 1 Chief Justice

19. The Justices
PASA
President gets help from the Attorney General, Justice department, American Bar Association, and other Supreme Court justices when making a nomination
Always lawyers, though there is no formal requirements in the Constitution

20. Powers of the Court Other 2 branches must follow the courts decisions
Has the power of judicial review - the ability to review federal and state laws to decide if they agree with Constitution, if not they are nullified
Judicial review comes from the court case of Marbury v. Madison as decided by Chief Justice John Marshall

21. Limits to Courts Power
Depends on the executive branch to carry out it’s decisions
Congress can change laws to agree with the Court
May pass a Constitutional Amendment to change the Constitution
Judges may be impeached
Can only rule on cases that come to it through lower courts
Court can not give hypothetical advice

22. Acceptance of Cases Justices make lists of cases they want to hear
Once a week they meet to pick which cases they want to hear
4 out of 9 must accept the case

23. Acceptance of Cases
If accepted, the case goes on the docket (official calendar)
Of 7000 cases a year only 200 or less are heard
Pick cases with important constitutional issues
Pick cases with legal not political issues
Pick cases that affect the whole nation, not just individuals

24. Steps to a Supreme Court Case
Written arguments -each side turns in a brief, explaining their positions, which are studied by the justices
Oral arguments -each side gets 30 minutes to present their case, followed by a question session led by the justices

25. Steps to a Supreme Court Case
Conference-meet on Fridays in secret with no written records : 6 judges must be present, 5 are needed to make a decision

26. Steps to a Supreme Court Case
Opinion writing-
once a decision is reached, a justice who agrees with the majority will write a paper (majority opinion) to explain the decision. This explains the precedent.
Justices who disagree can write a dissenting opinion to explain why.
Sometimes you may also get a concurring opinion -written by a justice who agrees with the majority but for different reasons

27. Steps to a Supreme Court Case
Announcement-public learns of the decision in a written release and on the web

28. Reasons for Court Decisions
The law: Try to be consistent with previous precedent
Special conditions: changes in social ideals or public opinion
Legal views: some justices take an active view, try to actively change America, other are inactive, try to keep the status quo
Personal beliefs: judges are human with either liberal or conservative views