THE JUDICIAL BRANCH

Federal Courts & Organization

SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary. a. Explain the jurisdiction of the Supreme Court, federal

courts and the state courts.

c. Describe how the Supreme Court decides cases.

d. Compare the philosophies of judicial activism and judicial restraint.

SSCG4 The student will demonstrate knowledge of the organization and powers of the national government. a. Describe the structure and powers of the legislative,

executive, and judicial branches.

b. Analyze the relationship between the three branches in a system of checks and balances and separation of powers.

The Creation of a National Judiciary

The Creation of a National Judiciary

The federal court system was established by Article III of the ConstitutionArticle III Section 1

There are two separate court systems in the United StatesThe United States has a national system of

courtsEach State has its own court system that

hears most of the cases brought in this country

ConstitutionalCourts

• The three-tiered system of Federal District courts, Courts of Appeal (originally circuit courts), and the Supreme Court.

• Article III of the Constitution provides for the creation of these courts.

• Judges serve for life

LegislativeCourts

• Various Administrative Courts and Tribunals that Congress establishes

• Created by Congress as need arises by power established in Article I of the Constitution.

• Judges serve fixed terms

Two Types of Federal Courts

Federal Court System (Article III)Three Tier Configuration

Supreme Court

Courts of Appeals

Federal District Courts

Original Jurisdiction

Appellant Jurisdiction

The Lower Federal CourtsDistrict Courts Created by Congress (based on Article III)

Political appointment process (strong Congressional influence)

District Courts (DC):Purpose & focus: establish the facts of the case In most cases => decide fate (end of trial or appeals)Most DC cases are civil cases (80+%) vs. criminal (mostly

state)○ Statutory actions & Petitions from prisoners○ Civil rights complaints & Tax suits○ Bankruptcies & Contract enforcement & Liability claims

Main DC job: Apply the law as defined by CongressLittle flexibility (w/some limited opportunities)

Courts of Appeal

Decide cases appealed from District courtsAppellate Jurisdiction (aka: Appellate Courts)

Focus: legal issues tried in district or state:Determine if trial was fairJudge applied law correctly(Do not determine facts of case => who does?)

○ District Courts Result: Appellate Courts have more

flexibility to interpret & extend law

Jurisdiction in the Federal Courts

Federal Courts have exclusive jurisdiction (authority to rule on cases) in all of the following cases:Cases involving United States laws, treaties with

foreign nations, or interpreting the Constitution.Cases involving patent, copyright, and trademark casesCases involving antitrust lawCases involving bankruptcy, securities and banking

regulationsCases involving law at seaCases involving disputes between statesCases involving ambassadors and other high-ranking

public figure

Jurisdiction in the Federal Courts

All cases that do not fall under the jurisdiction of the federal courts are within the jurisdiction of the State courts

Some cases have exclusive (federal courts only) jurisdiction

Some cases have concurrent (federal or state courts) jurisdiction

Powers of the Supreme Court

Judicial Review – power to declare laws and actions of local, state, and national governments unconstitutional

Rules on appeals from state supreme courts

State Courts have jurisdiction in all cases involving state laws. Most cases are handled at the state level.

Judicial Review

What happens when Judicial Review is taken to extreme?

JudicialActivism

• Judicial review is the doctrine allowing the Supreme Court to review and overturn laws made by Congress and decisions made by the president.

• Judicial Activism is the vigorous use of judicial review to overturn laws and make public policy from the federal bench.

Judicial Activism v. Judicial Restraint

Judicial activists believe that the federal courts must correct injustices that are perpetuated or ignored by the other branches.

Judicial restraint is the belief that judges should base their court decisions on written laws and legal precedent, without considering their personal and political opinions

The End

THE SUPREME COURT

SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary.b. Examine how John Marshall established the

Supreme Court as an independent, coequal branch of government through his opinions in Marbury v. Madison.

c. Describe how the Supreme Court decides cases.

Supreme Court of the U. S. Highest Court in the United States: Composed of 8 Associate Justices and 1 Chief

Justice Appointed for life terms by the President, with

Senate confirmation Has original jurisdiction (authority of a trial court to

be first to hear a case) in the following types of cases:Disputes between statesDisputes involving diplomats and foreign governments

Has appellate jurisdiction (authority of a trial court to hear a case on appeal from a lower court) from lower federal courts and state supreme courts

Establishment of Judicial Review

Establishment of Judicial Review

Established by Marbury v. Madison Chief Justice John Marshall ruled that

the Supreme Court had the power to review acts of Congress - Judicial Review. The Supreme Court ruled that a

Congressional law was unconstitutional, and thus expanded the power of the Court.

How Cases Reach the Court Over 6,000 cases are appealed to the

Supreme Court each year The Court will select only a few hundred

to be heard Under the “Rule of Four,” at least four

justices must agree that the Court should hear a case before the case is selected for the Court’s docket

How Cases Reach the Court The Court will dispose of half of the

cases with a simple, brief, written statement

The Court decides, with full opinions, only about 100 cases per year

Most cases reach the Court by writ of certiorari – an order to a lower court to send the record in a given case to the Supreme Court for its review

How Cases Reach the Court “Cert” (writ of certiorari) is granted in

only a limited number of casesConstitutional question

When “Cert” is denied, the lower court ruling stands

A few cases reach the Court by “certificate”

Not clear about a rule of law

How Cases Reach the Court Most cases reach the Supreme Court

through the State Supreme Courts and the Federal Courts of Appeal

The Supreme Court at Work

The Supreme Court at Work The court term begins at 10:00 am on

the first Monday in October The term will usually end in June or July Justices hear cases in two-week cycles Usually will hear oral arguments on

Monday, Tuesday, Wednesday, and sometimes Thursday

The Supreme Court at Work Written Arguments

Each attorney must submit a brief. Briefs are the main way that information is provided

to the Justices.Briefs, written documents supporting one side of a

case, are submitted before oral arguments are heardMay run into the hundreds of pagesAmicus curiae (friend of the court briefs), these are

written by people interested in the case but not directly involved

Can only be filed with court’s permission

The Supreme Court at Work Oral Arguments

Each lawyer must be on the approved list to argue cases before the Supreme Court

Each side receives thirty minutes to argue their case

Justices can interrupt a lawyer at any time to ask questions about the case

When the red light goes on, the period is over

The Supreme Court at Work The Solicitor General represents the

United States whenever the US is a party to a case

He or she decides which cases to appeal to the Supreme Court

The present Solicitor General is Donald B. Verrilli, Jr.

The Supreme Court at Work

The Conference:Done behind closed doors and no written records

are kept of the proceedings (deliberate in secret) Chief Justice speaks first about the case and lays

out his reasoning about the rule of law and how the case should be decided

The Chief Justice will vote last giving him the opportunity to break a tie, if necessary

Quorum for the Court is sixMajority is necessary for a decision to be rendered

○ 4 of 6; 4 of 7; 5 of 8; 5 of 9

The Supreme Court at Work Opinion writing

If the vote ends in a tie, the decision of the court that heard the case last, stands

If the Chief Justice is in the majority, he will write the opinion of the court or will assign this to one of the majority voters

If Chief Justice is in the minority, the senior Justice in the majority will serve in this role

Majority Opinion Concurring Opinion Dissenting Opinion

The document announcing and usually explaining the Supreme Court's decision in a case.

A statement from one or more Supreme Court justices agreeing with a decision in a case, but giving an alternative explanation for it.

A statement from one or more Supreme Court justices explaining why they disagree with a decision in a case.

The Supreme Court at Work

Voting Patterns: Predictable positions of Supreme Court justices “5-4” Decisions & the role of Kennedy & Roberts

The Supreme Court at Work Stare decisis – let the decision stand

Creates the rule of precedent Dissenting Opinion could be used to

overturn some future case

The Supreme Court at Work Announcement

Once the majority and dissenting opinions are completed, the Court announces its decision and publishes its opinions. These opinions are then used to guide courts across the country. These are judicial precedents.