“It is emphatically the province and duty of the judicial department to say what the law is…If...

Judicial Branch“It is emphatically the province and duty of the judicial department to say what the law is…If two laws conflict

with each other; the courts must decide on the operation of each”

“Interpreting” the law

Does the structure of the federal court system

allow it to administer justice fairly?Essential Question

Types of Federal Courts

Inferior Courts = lower federal courts beneath the Supreme Court

Jurisdiction The authority of a court to hear

(to try and decide) a case

Federal courts hear cases for two reasons:• Subject Matter

Application of the U.S. Constitution

• Parties Involved State v. State Citizen v. State

Types of Jurisdiction

Exclusive JurisdictionThose cases that can only be heard in

the federal courts Concurrent Jurisdiction

States and Federal Courts share power to hear cases

Original Jurisdiction A court in which a case is first heard

Appellate Jurisdiction A court that hears a case on appeal

from a lower court

Federal Court Circuits and Districts

Applying federalism to court jurisdiction

All cases not heard by Federal Courts are in the jurisdiction of State Courts…

Define FederalismPower is split between the Federal

government and state governments.

‘Dual Court System’Supreme Court

State Courts

Inferior (lower) Federal Courts

What does the word

“Supreme” mean?

Highest rank and authority; ultimate,

Why do you think

it might be important to have a

“Supreme” Court?

Supreme Court JusticesChief Justice and eight associate judges

Nominated and appointed by President, with Senate approval.

Concepts of judicial activism and judicial restrain affect the judicial selection process

Appointed for a life term…rationale?

Maintain their neutrality

Protect the rights of people to express unpopular views

Promote consistent interpretations of laws

Supreme Court Justices Supreme Court Justices can retire:

• At age 70 Must have served 10 years to receive full salary for life

• At age 65 Must have served 15 years to receive full salary for lifeChief

Justice

$217,400 per year

Associate Justices$208,10

Supreme Court Justices Vary in their political and legal

philosophies...

Judicial Activism

Loosely interpre

t and appl

y the Constitution based on

ongoing change

s and values.

Judicial Restraint

Follow a stric

t interpretation of the ConstitutionBelieve judges should also follo

w precedent

RecapHow a Judge Decides…

FACTSOF THE CASE

PRECEDENTRELEVANT

CONSTITUTIONTEXT OF THE

PHILOSOPHYJUDICIAL

Supreme Court Both original and appellate jurisdiction

• Most cases come on appeal from the lower courts.

Marbury v. Madison • Supreme court case that established power of judicial review

Original jurisdiction exists when:1. There are controversies involved 2+ states

2. The case involves ambassadors or other public ministers

Judicial Review Supreme Court has the power to

decide the constitutionality of:• State and federal legislation• Actions of chief executives• Decisions of other courts

In other words, the Supreme Court has the final authority on the meaning of the Constitution

They have the POWER to declare acts and laws unconstitutional

How a Case Reaches the Supreme Court

*Rule of Four: At least 4 of 9 justices must agree to hear a case in the S.C.

“It is emphatically the province and duty of the judicial department to say what the law is…If...

Documents

Court help decide on jurisdictional issue Court assist in interpreting legislation and applying the law to the environmental disputes Courts also

courtsWebFiles... · Criminal Courts of JustiCe courts nuacht na seirbhÍse cÚirteanna Courts Service Courts Service Courts Service Courts Service Volume 12, issue 1

Decide Now or Decide Later? Quantifying the Tradeoff

The Judiciary Article III Courts decide arguments about the meaning of laws, how they are applied, and whether they break the rules of the Constitution

International Courts and American Courts

PRESENTS UNDER ADVISEMENT...h Common pleas courts have countywide venue and jurisdiction to decide all levels of ... All suits against the state for personal injury, property damage,

EVIDENCE Some Basics Spring 2009. Overview The cases you read involve facts and law Most often appellate courts decide legal issues based on the facts

Judges and Courts Article V of the Texas Constitution describes the judiciary. This branch makes up the state’s court system. The Texas courts decide

Ch 5 -The Court System Trial Courts Appeals Courts State and Federal Court Systems Tribal Courts Supreme Courts International Courts

How German Labor Courts Decide —An Econometric Case Study—

THE ROLE OF THE APPELLATE COURT ROLE OF THE APPELLATE COU… · Primarily appellate courts are courts of review of the decisions of lower courts, ... to decide which of two conflicting

Can you predict how courts decide in plagiarism cases?mas03dm/papers/SYOC_2010.pdf · Can you predict how courts decide in plagiarism cases? ... Bee Gees, “How Deep Is Your Love”

THE HISTORY OF JUVENILE JUSTICE AND CHAPTER 2 TODAY’S ... · Chapter 2 THE HISTORY OF JUVENILE JUSTICE AND TODAY’S JUVENILE COURTS . 29. children and decide whether to accept

State Courts v. Federal Courts

Take a Second-Look at Liquidated Damages in Texas ... · 2015] LIQUIDATED DAMAGES IN TEXAS 667 for the courts to decide.7 However, courts have often struggled with articulating and

Trial Courts : listen to testimony, consider evidence, and decide the facts in disputed situations In a CIVIL case the party bringing the case is

Decide to Decide

THE JUDICIARY. STRUCTURE – Federal Courts TWO KINDS OF COURTS 1. CONSTITUTIONAL COURTS 2. LEGISLATIVE COURTS or special courts

4.2 – Role of Judges in Common Law 1. The main role of courts decide the facts of the case (that is, what happened) decide what law applies apply

Assertion emphatic statement: a strong statement that something is true - act of stating something emphatically: the act of stating emphatically that something