1. Judicial Branch
The federal courts

2. The Supreme Court
The Constitution assigns the duty of interpreting the law to the courts.

3. The federal courts pose a special challenge to American democracy
Federal judges are appointed to their positions.
And they are often in the thick of policymaking on issues ranging from abortion to prayer in public schools.

4. How can we reconcile powerful courts populated by unelected judges with American democracy?
Do they pose a threat to majority rule?
Or do the federal courts actually function to protect the rights of minorities?
To determine the appropriate role of the courts in our democracy, we must first understand the nature of our judicial system.

5. In addition to the Supreme Court, there are…
12 federal courts of appeals,
a Court of Appeals for the Federal Circuit, and
90+ federal district courts

6. There are basically two kinds of law:
criminal law where the government charges an individual who violated specific laws, such as robbery, and…

7. civil law which involves a dispute between two parties
civil law cases range from divorce proceedings to mergers of multinational companies

8. It is important to remember that about 98% of all the criminal cases in the U.S. are heard in state and local court systems…
and, most accused of federal crimes enter guilty pleas as part of a plea bargain

9. Also, the vast majority of civil cases in the federal courts are settled out of court
Only about 2% of the more than 250,000 civil cases in the federal courts are decided by trials.

10. What does the Constitution say about federal judges’ qualifications?
absolutely nothing!
So… that begs the question: could a President appoint just anybody?

11. In the last few decades, courts have made policies involving school busing, abortion, bilingual education, prison conditions, and many other key issues.
Many scholars and judges favor a policy of judicial restraint, in which judges adhere (stick) closely to precedent and play minimal roles.
On the other side are judicial activists who favor judges making bolder policy decisions. They say courts may alleviate (help) pressing needs

12. It is important to keep in mind that most judicial policymaking and enforcement of laws take place in the state courts and the lower federal courts.

13. the Constitution writers created a dual court system:
Under the Articles of Confederation, there was no national judicial system; this resulted in somewhat chaotic situations when states disagreed or ignored each others’ decisions, so…
the Constitution writers created a dual court system:
one national level of courts
50 state systems of courts
This organization obviously reflects the principle of federalism.

14. The vast majority of cases that make it to the Supreme Court are from…
state appellate courts, and
2. lower (or inferior) federal courts

15. Federal courts
Supreme Court – considered the highest court because it is the last court at which federal questions can be decided

16. The Supreme Court is the only court with both original and appellate jurisdiction
has original jurisdiction over any disputes among states and …
any case brought against ambassadors
up to 5,000 cases are appealed to the Supreme Court each year, but the Court only hears a few. At least 4 Justices have to agree to hear a case (“rule of four”)

17. The Court decides about 120 cases each year
When the Court accepts a case for review, it issues a writ of certiorari
The Court works from the 1st Monday in October until the following June/July

18. Opinions of the Court
majority opinion- also known as the Opinion of the Court
concurring opinion – Justice agrees with the majority opinion, but for a different reason
dissenting opinion – Justice disputes the majority opinion
these opinions stand as precedents meaning they affect every state and federal law pertaining to the issue

19. Lower federal courts Courts of Appeals (12)
district courts (90+) – hear the greatest number of cases

20. More federal courts…
Court of International Trade – hears cases involving international law
special courts – have limited jurisdiction
Court of Military Appeals – civilian judges
Court of Veterans Claims
Claims Court
Tax Court
courts of the District of Columbia
territorial courts (Guam, N. Marianas, Virgin Islands)

21. Marbury v. Madison (1803) James Madison
Its importance cannot be overstated – it established the right of judicial review
James Madison

22. How much do the Justices make?
Chief Justice:
$202,900 annually
Associate Justices:
$194,200 annually