THE JUDICIAL BRANCH

THE COURT SYSTEM AND THE SUPREME COURT

A. The Federal Court System

1. Created under Article III (Constitution)

2. Judicial Systems top court = Supreme Court

3. Federal courts consist of district and appeals courts

4. Other courts rule on military, trade and taxes

B. Court Procedures

1. Person is accused of a crime -- brought before a court

2. Judge and jury decide fate (innocent or guilty)

3. Innocent until proven guilty

4. Proof must be made in court!

C. Location of Cases

1. Criminal cases held in state courts

2. Constitution cases held in Federal courts

3. Federal cases (on taxes, mail or banking) held in Federal courts

4. Cases involving more than one state held in Federal courts

D. US District Courts

1. 91 district courts in US (1 to 4 in each state)

2. Most federal cases begin in district courts

3. District courts = federal trial courts (robbery, kidnapping, break tax law, etc)

4. Civil cases (contracts, business relations, noncriminal) held here

5. Most cases have at least one judge and 12 person jury

E. US Court of Appeals

1. After trial ends, appeals can be heard here

(ie: people think they get an unfair trial)

2. 11 Circuit Courts of Appeal in US and 1 in Wash DC

3. Set up in 1891 to relieve Supreme Court of so many cases

4. They have “appellate jurisdiction” – meaning they can’t try cases

5. Judges in each court range from 5 to 15 (minimum of 3 must hear appeal)

6. Judges study history of case, listen to lawyers, and see records of case

7. They can “uphold” lower court or “overturn” decision

F. US Supreme Court

1. Highest court in the nation

2. Decides constitutional issues

3. It decides the meaning of the Constitution

4. It can try cases and hear cases (original AND appellate jurisdiction)

(It can hear state cases and cases with ambassadors / consuls)

5. Of the 4,500 cases brought to it, the Supreme Court will select several hundred

6. Judges are called justices

7. Justices are appointed (for life) by the President and approved by the Senate

THE SUPREME COURT

• PICTURE - 2011

G. Current Justices

1. John Roberts (Chief Justice) 2005-present

2. Antonin Scalia 1986-present

3. Anthony Kennedy 1988-present

4. Clarence Thomas 1991-present

5. Ruth Ginsberg 1993-present

6. Stephen Breyer 1994-present

7. Samuel Alito 2006-present

8. Sonia Sotomayor 2009-present

9. Elana Kagan 2010-present

H. Hearing Cases

1. Session – October to June

2. Two weeks of hearing cases

3. Two weeks of recesses to review cases

I. Deciding Cases

1. 6 justices must be present to vote

2. Debates and arguments occur over the case

3. Vote of 9-0 is unanimous / vote of 5-4 is “split”

4. Decisions are final

5. A Majority opinion is written (why the court voted as it did)

6. If split, there will be write a dissenting opinion, too

J. Changing Laws

1. 1892 – Plessy v. Ferguson –

Created the “separate but equal doctrine” = separate but equal was constitutional

2. Case in 1954 - Brown v. Board of Education –

“Separate but equal” was unconstitutional!

Segregation by race is unconstitutional!

3. 1919- Schenk v. United States• Freedom of speech MAY be limited if it creates

a “clear and present danger” to the US

4. As time changes, so does the law