The Judicial Branch

Jurisdiction

• Federal Courts– Article III, Section 1 vests judicial power in the

Supreme Court and other inferior courts created by Congress

– Judges serve “during good Behavior”• Appointed by the President with the “Advice and Consent of

the Senate” according to Article II, Section 2

– Article III, Section 2 lists certain types of cases that must be heard by Federal Courts

– Handout

Jurisdiction

• Original– Article III, Section 2

lists cases in which the Supreme Court has this

– District Courts have this in most cases

• Appellate – All other cases must

come to S.C. upon appeal (Banana)

 Structure of the Federal Courts

The Eleven U.S. Circuit Courts of Appeals.

TYPES OF LAW

• Criminal Law– Law that defines crimes against the public order and

provides for punishment. Government is responsible for enforcing criminal law, the great body of which is enacted by states and enforced by state officials in state courts. The criminal caseload of federal judges is growing.

• Civil Law– Law that governs the relations between individuals

and defines their legal rights. However, the government can also be a party to a civil action. Under the Sherman Antitrust Act, for example, the federal government may initiate civil as well as criminal action to prevent violations of the law.

Elements of American Law

• Adversary System– Two opposing sides – Lawyers– Impartial judge– Parties in a Case

• Criminal and Civil Law

Parties in a Case

Civil

Plaintiff

Defense

Burden of ProofPreponderance of

Evidence

Settlement

Loss of Property

Criminal

Prosecution(Government)

Defense

Burden of Proof Reasonable Doubt

Plea Bargain

Life, Liberty, or Property

Public Defender

Elements of American Law

• Presumption of Innocence– Burden of proof on Prosecution or Plaintiff

• Due Process of Law– Substantive– Procedural

• Equal Justice Under the Law• Trial by Jury

– Petit– Grand

The Supreme Court

• Created by the Constitution

• Marbury v. Madison– Judicial Review

• The Justices– Handout– The Selection Process – Seated – Kennedy,

Stevens, Roberts, Scalia, Thomas

– Standing – Alito, Ginsburg, Breyer, Sotomayor

The Supreme Court

• What the Court Does– Hear Oral Arguments– Research– Conference

• Consider and Decide Cases

• Writ of Certiorari • Rule of Four

– Write Opinions• Majority• Minority• Concurring

• Handouts

Influences on Court Decisions

• The Constitution and the Law

• Judicial Philosophy– Strict Interpretation– Loose Interpretation

• Briefs (No Boxers)– Lawyers– Amicus Curae

• Politics and Society?

Limits on the Supreme Court

• Limits on Types of Issues

• Limits on Types of Cases– No Advisory Opinions

• Limited Control Over Agenda

• Lack of Enforcement Power

• Checks and Balances

The Supreme Court Building