The Judicial BranchThe Judicial Branch

Separation of Powers Separation of Powers

I. The Judicial Branch I. The Judicial Branch

A.A. Article III Article III

B.B. Interprets the laws Interprets the laws

C.C. Determines Determines Constitutionality Constitutionality

D.D. Protects our Rights Protects our Rights

E.E. Constitution only outlines Constitution only outlines Supreme CourtSupreme Court1.1. Leaves Congress to create Leaves Congress to create

lesser courts lesser courts

2.2. Judiciary Act of 1789 -Judiciary Act of 1789 -Creates 3 level Federal Creates 3 level Federal Court System Court System

Federal Court System – 3 levelsFederal Court System – 3 levelsDistrict, Appeals, Supreme District, Appeals, Supreme

II. District Courts II. District Courts A.A. Established by Congress Established by Congress B.B. Usually has original Usually has original

jurisdiction jurisdiction 1.1. Original Jurisdiction - power to Original Jurisdiction - power to

hear cases for the first time hear cases for the first time

C.C. Lowest court in Federal Lowest court in Federal system system

D.D. At least one court in every At least one court in every statestate1.1. 2 Federal Districts in Indiana 2 Federal Districts in Indiana 2.2. We are in the Northern districtWe are in the Northern district3.3. Fort Wayne, South Bend, Fort Wayne, South Bend,

Hammond (Lafayette) Hammond (Lafayette)

III. Courts of Appeals III. Courts of Appeals A.A. Established by CongressEstablished by CongressB.B. AppealAppeal – to challenge – to challengeC.C. Sometimes a person believes that justice was not served in their District Sometimes a person believes that justice was not served in their District

Court because:Court because:1.1. His/her rights were violated His/her rights were violated 2.2. A rule of law was not properly followed A rule of law was not properly followed 3.3. All the evidence was not available All the evidence was not available

D.D. They could then appeal the verdict in a Court of Appeals They could then appeal the verdict in a Court of Appeals E.E. US citizens have the right to a fair trial US citizens have the right to a fair trial

1.1. 77thth amendment amendment

F.F. The appeals process is set up to ensure that people have as fair a trial as The appeals process is set up to ensure that people have as fair a trial as possiblepossible

G.G. 13 appellate courts in Nation 13 appellate courts in Nation 1.1. We are in the 7We are in the 7thth circuit circuit 2.2. Includes Indiana, Illinois, Wisconsin Includes Indiana, Illinois, Wisconsin 3.3. Court office located in Chicago Court office located in Chicago

Courts of Appeals continued Courts of Appeals continued

H.H. The judge in the The judge in the Court of Appeals Court of Appeals may do two things may do two things

1.1. Agree with the Agree with the appellant and overturn appellant and overturn the District Court’s the District Court’s decision decision

2.2. Agree with the District Agree with the District Court and uphold their Court and uphold their decision decision

IV. Appealing to the Supreme IV. Appealing to the Supreme CourtCourt

A.A. If you If you stillstill believe that believe that justice was not served, you justice was not served, you can appeal to the Supreme can appeal to the Supreme Court. However, it Court. However, it probably will not hear probably will not hear your case because…your case because…1.1. It is very busy and needs to It is very busy and needs to

give sufficient time to each give sufficient time to each of its cases of its cases

2.2. It may decide in a It may decide in a preliminary review that the preliminary review that the lower court made the right lower court made the right decision decision

V. The Supreme Court V. The Supreme Court

A.A. Court receives approximately 7,000 petitions per year Court receives approximately 7,000 petitions per year 1.1. Only about 150 cases are heard by the Court Only about 150 cases are heard by the Court 2.2. Petitions are sifted through by law clerks and then voted on Petitions are sifted through by law clerks and then voted on

by Justices themselvesby Justices themselves3.3. 4 votes are required to hear the case4 votes are required to hear the case4.4. In deciding whether to review a case, the Court considers:In deciding whether to review a case, the Court considers:

a.a. whether the legal question was decided differently by two whether the legal question was decided differently by two lower courts and needs resolution by a higher courtlower courts and needs resolution by a higher court

b.b. whether a lower court decision conflicts with an existing whether a lower court decision conflicts with an existing Supreme Court rulingSupreme Court ruling

c.c. whether the issue could have broader social significance whether the issue could have broader social significance beyond the interests of the two parties involvedbeyond the interests of the two parties involved

The Supreme Court continued The Supreme Court continued

B.B. What cases can they What cases can they hear?hear?1.1. Original JurisdictionOriginal Jurisdiction – –

power to hear cases for the power to hear cases for the first time first time a.a. Disputes between states Disputes between states b.b. Disputes between the US Disputes between the US

and foreign countriesand foreign countries

2.2. Appellate JurisdictionAppellate Jurisdiction – – power to rehear cases power to rehear cases already decided by a lower already decided by a lower court court a.a. When someone believes that When someone believes that

justice has not been served justice has not been served by a previous court’s by a previous court’s decisiondecision

The Supreme Court continued The Supreme Court continued

C.C. The highest court in The highest court in the land the land

D.D. No one can overrule No one can overrule the Supreme Court the Supreme Court

E.E. 9 justices (judges)9 justices (judges)1.1. Originally 6Originally 6

a.a. Number set by Number set by Congress Congress

2.2. 1 Chief Justice 1 Chief Justice

VI. The Supreme Court JusticesVI. The Supreme Court Justices

A.A. Appointed by the President Appointed by the President and confirmed by Congressand confirmed by Congress

B.B. No age, residency, or No age, residency, or citizenship requirements citizenship requirements

C.C. No term limitNo term limit1.1. Serve for life or until they Serve for life or until they

die or retire die or retire

D.D. Salary - $194,200 Salary - $194,200 1.1. $202,900 Chief Justice $202,900 Chief Justice

The Supreme Court Justices continuedThe Supreme Court Justices continued

E.E. Serve under “good Serve under “good behavior”behavior”

F.F. Can be impeached Can be impeached by Congressby Congress1.1. Samuel Chase Samuel Chase

only Justice to be only Justice to be impeachedimpeached

2.2. No Supreme Court No Supreme Court justice has ever justice has ever been removedbeen removeda.a. Only a handful of Only a handful of

Federal judges Federal judges

President Bush announcing new Chief Justice John Roberts

VII. How the Supreme Court works VII. How the Supreme Court works A.A. Court meets from October – June/July each year Court meets from October – June/July each year B.B. The court usually hears between one to three The court usually hears between one to three

cases each day, on the Monday, Tuesday and cases each day, on the Monday, Tuesday and Wednesday of each week. Wednesday of each week.

C.C. Visitors are welcome to listen to oral arguments Visitors are welcome to listen to oral arguments

How the Supreme Court works continuedHow the Supreme Court works continuedD.D. Each lawyer will get 30 minutes to argue before the court Each lawyer will get 30 minutes to argue before the court

1.1. They are faced with questions from justices They are faced with questions from justices E.E. Justices then meet in conference to discuss the arguments Justices then meet in conference to discuss the arguments

1.1. After discussion, justices vote After discussion, justices vote 2.2. Sometimes several rounds of voting Sometimes several rounds of voting

F.F. The Chief Justice (or most senior justice) on the majority side The Chief Justice (or most senior justice) on the majority side writes (or assigns) majority opinion writes (or assigns) majority opinion 1.1. Likewise for the minorityLikewise for the minority

G.G. A draft opinion is circulated throughout the justicesA draft opinion is circulated throughout the justices1.1. Justices may suggest revisions or additions Justices may suggest revisions or additions 2.2. Justices may change their opinion during this timeJustices may change their opinion during this time3.3. Justices may change their mind anytime before the courts Justices may change their mind anytime before the courts

decision is handed down decision is handed down 4.4. Usually at the end of the session (May/June/July)Usually at the end of the session (May/June/July)

Checks and Balances Checks and Balances On Legislative Branch On Legislative Branch

On Congress On Congress Can declare Laws Can declare Laws

passed by Congress passed by Congress unconstitutional unconstitutional

Checks and Balances Checks and Balances on Executive Branch on Executive Branch

On President On President Can declare Can declare

Presidential Presidential actions/orders actions/orders unconstitutional unconstitutional

Chief Justice Chief Justice presides over presides over Impeachment trials Impeachment trials in the Senate in the Senate

Chief Justice William Rehnquist presiding over President Clinton’s

Impeachment Trial

FederalismFederalism

Indiana’s Court SystemIndiana’s Court System Indiana Supreme CourtIndiana Supreme Court State Court AppealsState Court Appeals County Circuit and Superior CourtsCounty Circuit and Superior Courts

Valparaiso Valparaiso Our local cases are heard by a division of Superior Our local cases are heard by a division of Superior

courts (county division)courts (county division) Some cities might have Small Claims, city and town Some cities might have Small Claims, city and town

courtscourts

Valpo’s courthouse houses:

1 Indiana Circuit Courts & 6 Superior Courts