The Judicial Branch

The Judicial BranchInterprets

LawsInterprets

Laws

The Supreme CourtThe Supreme CourtEstablished by the US ConstitutionNine members

1937, FDR’s court-packing planJurisdiction of federal courts (as

opposed to state courts): Federal laws, treaties, maritime law, interpretation of the Constitution, states suing other states, foreign governments.

Established by the US ConstitutionNine members

1937, FDR’s court-packing planJurisdiction of federal courts (as

opposed to state courts): Federal laws, treaties, maritime law, interpretation of the Constitution, states suing other states, foreign governments.

Supreme Court JusticesSupreme Court Justices

No specific qualifications for office

Serve For lifeAppointed by PresidentConfirmed by Senate

No specific qualifications for office

Serve For lifeAppointed by PresidentConfirmed by Senate

Robert BorkRobert BorkIn 1987, when he was a

U.S. Appeals Court judge, then-President Ronald Reagan nominated him for the Supreme Court. However, Senate democrats, wary of his conservative philosophy and positions on abortion, affirmative action and First Amendment rights, rejected his nomination.

In 1987, when he was a U.S. Appeals Court judge, then-President Ronald Reagan nominated him for the Supreme Court. However, Senate democrats, wary of his conservative philosophy and positions on abortion, affirmative action and First Amendment rights, rejected his nomination.

Clarence Thomas, 1991

Clarence Thomas, 1991

Appointed by BushAnita Hill accused him

of sexual harassmentNarrowly confirmed, 52-

48

Appointed by BushAnita Hill accused him

of sexual harassmentNarrowly confirmed, 52-

48

Recent changes in the Supreme Court

Chief Justice William Rehnquist dies:

Judge John Roberts (US Circuit Court of Appeals for District of Columbia) is nominated by President Bush,and then confirmed by the US Senate.

Two Newest Justices

Sonia Sotomayor

Elena Kagan

JurisdictionJurisdiction

Original – first time a case is heard

Appellate – court hears a case if appealed

Original – first time a case is heard

Appellate – court hears a case if appealed

Vocabulary terms

One event establishes a model for all future events.

Court has a legislative function.

One event establishes a model for all future events.

Court has a legislative function.

PrecedentPrecedent vocabulary

Judicial ReviewJudicial ReviewPart of Unwritten

ConstitutionMarbury v. Madison, 1803Chief Justice John MarshallSupreme Court can

declare an act unconstitutional

Specifics: Judiciary Act of 1789 unconstitutional

Part of Unwritten Constitution

Marbury v. Madison, 1803Chief Justice John MarshallSupreme Court can

declare an act unconstitutional

Specifics: Judiciary Act of 1789 unconstitutional

Vocabulary

Supreme Court over timeSupreme Court over timeMarshall Court – strengthen power of

federal govt.Taney Court – Civil WarChase Court – turn back ReconstructionProg. Era and Gr. Dep. – econ issuesWarren Court – civil rights70s-90s – conservative1990s – cases with slim margins (5-4)

Marshall Court – strengthen power of federal govt.

Taney Court – Civil WarChase Court – turn back ReconstructionProg. Era and Gr. Dep. – econ issuesWarren Court – civil rights70s-90s – conservative1990s – cases with slim margins (5-4)

Types of Cases: Civil Case

Types of Cases: Civil Case

Parties: Civilian vs. civilianGovernment is not usually a party

Title for parties: Plaintiff v. DefendantStandard of Evidence: Preponderance

of the evidencePenalty: Damages - money paid to the

party who was wronged

Parties: Civilian vs. civilianGovernment is not usually a party

Title for parties: Plaintiff v. DefendantStandard of Evidence: Preponderance

of the evidencePenalty: Damages - money paid to the

party who was wronged

IMPORTANT STUFF!! - Remember this!!

Types of Cases: Criminal

Types of Cases: Criminal

Government vs. Civilian Prosecution v. Defendant

(The State vs ???????)Beyond reasonable doubtFine, imprisonment, or both

Government vs. Civilian Prosecution v. Defendant

(The State vs ???????)Beyond reasonable doubtFine, imprisonment, or both

SOME MORE IMPORTANT STUFF TO REMEMBER!!

An example:

O.J. Simpson

An example:

O.J. Simpson

verdict

The Civil TrialThe Civil Trial

“We award damages against defendant Simpson and in favor of plaintiffs (Fred) Goldman and (Sharon) Rufo, in the aggregate, as follows:

Amount: $8.5 million”

TitleTitlePlaintiff/Prosecution v.

Defendant (in that order)

Plaintiff/Prosecution v. Defendant (in that order)

Writing a Case Brief

FactsFacts

What happenedWhat happened

ConceptsConcepts

What the case is REALLY aboutHow it might apply to other peopleHow it’s related to the Constitution

and its principlesEx’s: equal protection, rights of

the accused, interstate commerce, federal supremacy, etc.

What the case is REALLY aboutHow it might apply to other peopleHow it’s related to the Constitution

and its principlesEx’s: equal protection, rights of

the accused, interstate commerce, federal supremacy, etc.

Issue StatementIssue Statement

Whether [defendant] violated [plaintiff’s] right to [right] under [relevant law].

Whether [defendant] violated [plaintiff’s] right to [right] under [relevant law].

OpinionOpinionThe court’s finding or ruling, based on interpretation of the law

The court’s finding or ruling, based on interpretation of the law

Precedent Established

•New or reinforced rules as a result of this decision

•(a legislative function)

“Test”“Test”

Used to determine whether or not the case facts violate the law(s).

Must meet all of the criteriaDerived from the relevant

law

Used to determine whether or not the case facts violate the law(s).

Must meet all of the criteriaDerived from the relevant

law

Negligence Test

• 1. Duty of care• 2. Breach of duty occurred• 3. Proximate Cause• 4. Damage resulted

Schools TestSchools Test 1. Disrupt orderly and efficient

operation of schools? 2. Actual/significant threat? 3. Rules consistently applied? (Tinker v. Des Moines, 1969)

1. Disrupt orderly and efficient operation of schools?

2. Actual/significant threat? 3. Rules consistently applied? (Tinker v. Des Moines, 1969)

Freedom of Expression in SchoolsFreedom of Expression in Schools

Does the school finance the activity? Substantially disrupt school’s

educational process? Impinge on the rights of others? (Tinker v Des Moines, 1969) Unprofessional, ungrammatical,

obscene, or goes against fundamental purpose of a school

(Hazelwood School Dist v. Kuhlmeier, 1988)

Does the school finance the activity? Substantially disrupt school’s

educational process? Impinge on the rights of others? (Tinker v Des Moines, 1969) Unprofessional, ungrammatical,

obscene, or goes against fundamental purpose of a school

(Hazelwood School Dist v. Kuhlmeier, 1988)

Student Search and Seizure Test

Student Search and Seizure Test

Reasonable suspicion (as opposed to probable cause)

(NJ v TLO, 1985) (Vernonia v. Acton, 1995)

Reasonable suspicion (as opposed to probable cause)

(NJ v TLO, 1985) (Vernonia v. Acton, 1995)

Representative CasesRepresentative CasesMarbury v. MadisonGibbons v. OgdenDred Scott v. SanfordSchenck v. U.S.Brown v. Board of Ed.Miranda v. ArizonaTinker v. Des MoinesNew Jersey v. TLO

Marbury v. MadisonGibbons v. OgdenDred Scott v. SanfordSchenck v. U.S.Brown v. Board of Ed.Miranda v. ArizonaTinker v. Des MoinesNew Jersey v. TLO