JUDICIAL BRANCHa.k.a. The National Judiciary

CREATION • The Articles of Confederation did not address the issue of a national judicial system.

• Because of this States interpreted and applied the laws how they saw fit or not at all.

• States often ignored other States court system.

COURTS OF THE JUDICIAL BRANCH

Constitutional CourtsSupreme Court – Highest Appeals Court – MediumDistrict Courts – Lowest

Special CourtsThese courts were created by Congress.They are also known as the Legislative courts

WHY 2 TYPES OF COURTS

Article III of the Constitution:Section 1: “The judicial Power of the

Unites States shall be vest in one supreme Court, and in such inferior courts as Congress from time to time ordain and establish.”

• Therefore, the Supreme Court is the only court in Article III. BUT… Article III also calls for Inferior Courts. These “Inferior Courts” are the Constitutional Courts from the previous slide.

SO… WHAT’S THE 2ND TYPE?The Special Courts

•Article I of the Constitution said Congress could create these courts.•These are courts Congress has created.•These courts are also known as the Legislative Courts.

2 COURTS SIMPLIFIED

CONGRESS + COURTS = SPECIAL COURTS

CONSTITUIONAL COURTSSupreme Court – HighestCourt of Appeals – MediumDistrict Courts - Lowest

JURISDICTIONJurisdiction: The court who hears the case.

Cases heard by the Judicial Branch deal with National

Issues.

Types:Original- the first to hear a

caseAppellate- hears cases that have already been decided

and the losing party wants another chance to prove their point.

Exclusive – the only court that can hear the case.

Concurrent – the case is heard at the state level first and then at the national level.

INTO. TO THE JUDICIAL BRANCH1. Constitutionality!!!

This means that the purpose of the Judicial Branch is to make sure that the laws don’t violate the Constitution.

2. Judicial Review—This is the Judicial Branch’s check on the other branches.If Congress writes a law that goes against the Constitution, the Judicial Branch can get rid of it.If the President does something unconstitutional, such as an executive order, the Judicial Branch can overturn it.

CONSTITUTIONAL COURTS

Supreme Court – a.k.a The highest court in the land.

District Courts Lower of the Inferior Courts. There are only 94 of District Courts. These rulings are normally the final say.

Every case heard by the Supreme Court had to start here.

Appellate Courts Decide if a case should be passed onto the Supreme

Court.

CONSTITUTIONAL COURTS

THE SUPREME COURTCourt of Appeals

District Courts

Known as the Inferior Courts:

•Called the Inferior Courts because they are below the Supreme Court.

District Courts• The first step at the

national court (judiciary) would be the district courts.

• Before being heard at the Supreme Court level a case must be heard at a District Court and can work it’s way through the appeals court until it reaches the Supreme Court.

• Most Cases stop here.

The 94 District CourtsThe lower courts of the Judicial

Branch

• 50 States / 89 federal judicial districts + 1 federal judicial district for D.C. Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands = 94 Federal District Courts

12 Appellate Courts

 “Gatekeepers” to the Supreme Court.

 Relieve the Supreme Court

of much of the burden of hearing appeals from the District Courts

Court of Appeals decides: 1. If the case should be overturned.2. If the case will be passed on to the Supreme Court.

The Appeals Court does NOT hear cases. There are NO defendants, NO Persecutors, NO Lawyers.

SUPREME COURT a.k.a. The Highest Court in the Land.

Hear Constitutional Cases.

Cases must have gone through the Inferior Courts.

Majority Vote needed to win. (5)

Convenes:When: The first Monday in OctoberLength of session: Approximately 9 MonthsHear Cases: Monday through ThursdayDecisions: Announced the following Monday

Justices:Who: Judges on the Supreme CourtTerm: Life or until reassignmentAppointment: Nominated by the President, Confirmed by

SenateNumber: 9 Justices

1 Chief Justice 8 Assistant Justices

SUPREME COURT CONT.

Opinions of the Court:Majority Opinion – 5 out of

9 JusticesConcurring Opinion – This is written by Justice(s) who agree with the ruling.Dissenting Opinion – This is written by the Justice(s) who disagrees with the

ruling.

Rulings are Final:Unless, a later Supreme Court case overturns it.