Judicial

Branch

Judicial

Branch

JurisdictionJurisdiction

Types of Jurisdiction:Types of Jurisdiction:1.1. OriginalOriginal – right to hear a case for the first time.

Jurisdictional levels:Jurisdictional levels: 1.1. FederalFederal2.2. StateState3.3. LocalLocal

2.2. AppellateAppellate – right to hear a case on appeal; law has been applied unfairly or incorrectly 3.3. ExclusiveExclusive – assigned by Constitution; only federal courts can hear; includes cases

involving national laws, the federal government or other governments (State or Foreign) 4.4. ConcurrentConcurrent – cases that can be decided in state or federal courts

The right of a court to hear a case

The American Legal SystemThe American Legal System

1.1. Constitution of the United StatesConstitution of the United States

2.2. Statutory lawsStatutory laws – (statutes) laws that are written by state legislatures and other lawmaking bodies

3.3. Common LawCommon Law – origin of stare decisisstare decisis; past rulings that are used to make decision (precedent)(precedent)

Sources of LawSources of Law

*Stare Decisis means *Stare Decisis means “let the decision stand.”“let the decision stand.”*Stare Decisis means *Stare Decisis means “let the decision stand.”“let the decision stand.”

Public LawPublic Law – deals with the relationship between the government and citizens

Criminal Law Criminal Law Constitutional Law Constitutional Law Administrative LawAdministrative Law – rules and regulations

of the government agencies International LawInternational Law – rules that guide

relations w/other countries

Branches of LawBranches of Law (Civil and Criminal)(Civil and Criminal)

Branches of LawBranches of Law (Civil and Criminal)(Civil and Criminal)

Private Law – deals with disputes between individuals, businesses or other organizations

Contracts

Property Torts (wrongful act that injures a person or

someone’s property)

Domestic Relations

Judicial BranchJudicial Branch

United States Supreme CourtUnited States Supreme Court

U.S. Court of U.S. Court of Military AppealsMilitary Appeals

U.S. Court of U.S. Court of Military AppealsMilitary Appeals

MilitaryMilitaryCourtsCourts

MilitaryMilitaryCourtsCourts

12 U.S. Courts of12 U.S. Courts ofAppealsAppeals

12 U.S. Courts of12 U.S. Courts ofAppealsAppeals

U.S. TaxU.S. TaxCourtsCourts

U.S. TaxU.S. TaxCourtsCourts

TerritorialTerritorialCourtsCourts

TerritorialTerritorialCourtsCourts

94 District94 DistrictCourtsCourts

94 District94 DistrictCourtsCourts

Courts of the Courts of the District ofDistrict ofColumbiaColumbia

Courts of the Courts of the District ofDistrict ofColumbiaColumbia

Appeals fromAppeals fromFederal RegulatoryFederal Regulatory

AgenciesAgencies

Appeals fromAppeals fromFederal RegulatoryFederal Regulatory

AgenciesAgencies

U.S. Court of Appeals forU.S. Court of Appeals forthe Federal Circuitthe Federal Circuit

U.S. Court of Appeals forU.S. Court of Appeals forthe Federal Circuitthe Federal Circuit

U.S. Court of U.S. Court of InternationalInternational

TradeTrade

U.S. Court of U.S. Court of InternationalInternational

TradeTrade

U.S. ClaimsU.S. ClaimsCourtCourt

U.S. ClaimsU.S. ClaimsCourtCourt

U.S. Court of U.S. Court of Veteran’sVeteran’sAppealsAppeals

U.S. Court of U.S. Court of Veteran’sVeteran’sAppealsAppealsAppeals fromAppeals from

Highest StateHighest StateCourtsCourts

Appeals fromAppeals fromHighest StateHighest State

CourtsCourts

Federal District CourtsFederal District Courts

• federal trial courts; currently 94 courts

• at least one per state plus D.C. and Puerto Rico

• 2 judges per court

• have original jurisdiction

• hear 80% of federal cases (about 300,000/yr.)

Court of AppealsCourt of Appeals

• set in 12 districts or circuits; usually 3 judge panels

Court of AppealsCourt of Appeals

• set in 12 districts or circuits; usually 3 judge panels

• hear appeals from district courts

• set up to lessen workload of Supreme Court

• have appellate jurisdiction

• does not always mean a trial

• about 40,000 cases/yr.

Supreme CourtSupreme Court

• court of last resort most appeals come from the Court of Appeals

• currently 8 associate justices and chief justice• judicial reviewjudicial review - declare act unconstitutional • meets on the first Monday of October each year and

usually continues in session through June. • cases are heard en banc, which means by all the

justices sitting together in open court. • about 6,000 cases apply/yr., only about 100 get full

decision

Other Federal CourtsOther Federal Courts

U.S. Claims CourtU.S. Claims Court public officials can be sued here Government can be sued in some cases approved by Congress

U.S. Tax CourtU.S. Tax Court disputes between taxpayers and the

IRSCourt of Military AppealsCourt of Military Appeals trials of service persons (court

martial)Court of Appeals for Federal CircuitCourt of Appeals for Federal Circuit nationwide jurisdiction civil cases mostly patents, trademarks, copyrights

Territorial CourtsTerritorial Courts set up like federal district courts in

U.S. territoriesD.C. CourtD.C. Court handles all cases for the nation’s

capitalCourt of International TradeCourt of International Trade civil cases (involve money or

property) foreign business dealings covered

here

Process to the Supreme CourtProcess to the Supreme Court

1. Federal Indictment

2. Federal Grand Jury Hearing

3. True Bill of Indictment

4. Trial in Federal District Court

5. Verdict by Trial (Petit) Jury

6. Appeal to Courts of Appeals (Circuit Courts)

7. 3 panel court decides to uphold or overturn the verdict

8. Appeal to United States Supreme Court

Process of Hearing Cases by Process of Hearing Cases by the U.S. Supreme Courtthe U.S. Supreme Court

1.1. Submit AppealSubmit Appeal - In most cases lawyers write an appeal for the court to issue a writ of certiorari.writ of certiorari. (forces lower courts to send documents from the case to be reviewed)

2.2. Appeal GrantedAppeal Granted - (Rule of FourRule of Four) 4 of 9 justices agree to put case on docketdocket (schedule).

3.3. Submit BriefSubmit Brief - Merit BriefsMerit Briefs are written legal arguments by lawyers to support one side of a case.

*Amicus Curaie BriefsAmicus Curaie Briefs – friend of the court (interest groups file)

Process of Hearing Cases by Process of Hearing Cases by the U.S. Supreme Courtthe U.S. Supreme Court

4.4. Oral ArgumentsOral Arguments - the lawyers have the opportunity to give their arguments and ask questions about the case. It is almost always limited to 7 sittings at 30 minutes for each side. (2 weeks long)

5.5. ConferenceConference - justices discuss and vote on cases. (Wednesday morning and on Friday)

6.6. Write OpinionsWrite Opinions – after voting on the case, each justice may write their opinions.

7.7. The Decision is FinalThe Decision is Final

Making DecisionsMaking Decisions

• Judicial RestraintJudicial Restraint – the Court limits itself to matters of law and justice as they are brought before them.

• Judicial ActivismJudicial Activism – the Court does not refrain from making policy with its decisions.

• Write OpinionsWrite Opinions –

majoritymajority – the decision of the court

concurringconcurring – agrees with the decision but wants to explain

dissentingdissenting – disagrees and wants to explain why

• PrecedentsPrecedents – decisions of the Court become the standard or rule for future cases.

The United States The United States Supreme CourtSupreme Court

Supreme Court JusticesSupreme Court Justices

•President appoints; Senate approvesPresident appoints; Senate approves

•Their term is for LifeTheir term is for Life

•Impeached like any other officeImpeached like any other office

•Currently they make around $192,600Currently they make around $192,600

•Pay cannot be lessened during their term Pay cannot be lessened during their term

•If retire after 65 and have served 15 yrs. they get full If retire after 65 and have served 15 yrs. they get full pay for lifepay for life

The Supreme Court of the The Supreme Court of the United StatesUnited States