The United States Judicial The United States Judicial Branch of GovernmentBranch of Government“the least dangerous branch of government”“the least dangerous branch of government”

Alexander HamiltonAlexander Hamilton

““It is emphatically the province It is emphatically the province and duty of the judicial branch to and duty of the judicial branch to

say what the law is”say what the law is”

Chief Justice John Marshall 1803Chief Justice John Marshall 1803

FundamentalsFundamentalsUnder the Articles of Confederation (1781-Under the Articles of Confederation (1781-

1787) there was no federal court system1787) there was no federal court system—only state courts.—only state courts.

Today there are 51 separate judicial Today there are 51 separate judicial systems in the United States: One for systems in the United States: One for each state and a separate system for the each state and a separate system for the federal government.federal government.

95% of all court cases are heard in state 95% of all court cases are heard in state courts---5% of all cases end up in federal courts---5% of all cases end up in federal court system.court system.

The only court created in the Constitution The only court created in the Constitution is the Supreme Court—all others have is the Supreme Court—all others have been created by Congress.been created by Congress.

JurisdictionJurisdictionJurisdiction—the authority of a court to Jurisdiction—the authority of a court to

hear a case.hear a case.Exclusive Jurisdiction---Case can only be Exclusive Jurisdiction---Case can only be

heard in one particular court.heard in one particular court.Concurrent Jurisdiction---state and federal Concurrent Jurisdiction---state and federal

courts both could hear the case (ex. Bank courts both could hear the case (ex. Bank robbery)robbery)

Original Jurisdiction---a court is the first Original Jurisdiction---a court is the first court to hear a casecourt to hear a case

Appellate Jurisdiction---a court hears a Appellate Jurisdiction---a court hears a case from a lower court on appeal.case from a lower court on appeal.

Federal Jurisdiction—THE Federal Jurisdiction—THE QUESTION OF WHO, WHAT, AND QUESTION OF WHO, WHAT, AND

WHERE must be asked.WHERE must be asked.

1. What?--- If the subject matter of the case 1. What?--- If the subject matter of the case deals with the Constitution, a treaty, or any deals with the Constitution, a treaty, or any law passed by Congress.law passed by Congress.

2. Where?---If the subject matter of the case 2. Where?---If the subject matter of the case deals with matters arising on the high seas deals with matters arising on the high seas or navigable waters of the U.S. or property or navigable waters of the U.S. or property of the federal government like a national of the federal government like a national park.park.

3. Who is involved?:3. Who is involved?:

A. One of the parties involved are U.S. A. One of the parties involved are U.S. government officials.government officials.

b. One of the parties involved is an b. One of the parties involved is an ambassador or foreign minister.ambassador or foreign minister.

c. If both parties involved are U.S. States.c. If both parties involved are U.S. States.

d. If the parties involved are from the same d. If the parties involved are from the same state where both claim land in a different state where both claim land in a different state.state.

Quiz ReviewQuiz Review1.1. Under the ---there was no federal court system.Under the ---there was no federal court system.2.2. Each ---has its own court system.Each ---has its own court system.3.3. 95% of all cases are heard in ---courts.95% of all cases are heard in ---courts.4.4. The only court created in the Constitution is The only court created in the Constitution is

the----court.the----court.5.5. What three questions must be asked to What three questions must be asked to

determine if a case is a federal case?determine if a case is a federal case?6.6. Be able to diagram the basic structure of the Be able to diagram the basic structure of the

Federal Court System.Federal Court System.7.7. In Roe v. Wade which Judicial Philosophy was In Roe v. Wade which Judicial Philosophy was

used to decide the case?used to decide the case?8.8. Know the quotes from John Marshall and Know the quotes from John Marshall and

Alexander Hamilton.Alexander Hamilton.

Quiz Review continuedQuiz Review continued9. Authority of a court to hear a case9. Authority of a court to hear a case10. Case can only be heard in federal court.10. Case can only be heard in federal court.11. State and federal court can both hear 11. State and federal court can both hear

the case.the case.12. The court that hears the case for the first 12. The court that hears the case for the first

time (trial court)time (trial court)13. Court that hears a case coming from a 13. Court that hears a case coming from a

lower court.lower court.Answers:Answers: original jurisdiction, concurrent original jurisdiction, concurrent

jurisdiction, appellate jurisdiction, jurisdiction, appellate jurisdiction, jurisdiction, exclusive jurisdictionjurisdiction, exclusive jurisdiction

United States District CourtsUnited States District CourtsFederal Trial Courts of original jurisdiction. Federal Trial Courts of original jurisdiction.

These courts hear both civil and criminal These courts hear both civil and criminal cases.cases.

District Courts handle 80% of all federal District Courts handle 80% of all federal cases. (300,000 cases a year)cases. (300,000 cases a year)

89 Federal District Courts nation wide that 89 Federal District Courts nation wide that are divided into 12 regions (circuits)are divided into 12 regions (circuits)

Over 600 judges preside over these courts.Over 600 judges preside over these courts.You can find one of these courts in You can find one of these courts in

downtown Roanoke at the Poff building.downtown Roanoke at the Poff building.Judges are appointed by President with Judges are appointed by President with

consent from the Senate for life.consent from the Senate for life.

Recent District Court DecisionRecent District Court Decision In a Federal District Court in California recently a In a Federal District Court in California recently a

Judge ruled that students would no longer have Judge ruled that students would no longer have the opportunity to say the Pledge.the opportunity to say the Pledge.

The District Court Judge felt that the inclusion of The District Court Judge felt that the inclusion of “God” in the pledge was a violation of the 1“God” in the pledge was a violation of the 1stst. . Amendments prohibition on state sponsored Amendments prohibition on state sponsored religion.religion.

The case will be appealed to the Federal Circuit The case will be appealed to the Federal Circuit Court of Appeals and then probably to the Court of Appeals and then probably to the Supreme Court.Supreme Court.

Federal Circuit CourtsFederal Circuit Courts Created by Congress in 1891 to reduce the work Created by Congress in 1891 to reduce the work

load of the Supreme Court.load of the Supreme Court. Only has appellate jurisdiction.Only has appellate jurisdiction. They hear 55,000 cases a year.They hear 55,000 cases a year. Usually hear appeals from District Courts.Usually hear appeals from District Courts. 12 of these courts nationwide.12 of these courts nationwide. Approximately 180 judges (One of them was Approximately 180 judges (One of them was

Judge Roberts).Judge Roberts). Judges usually hear cases in panels of three. Judges usually hear cases in panels of three.

(en banc)(en banc) Judges are appointed by the President with the Judges are appointed by the President with the

consent of the Senate for life.consent of the Senate for life.

United States Supreme CourtUnited States Supreme Court Made up of 8 Justices and one Chief Justice Made up of 8 Justices and one Chief Justice

=total of 9.=total of 9. Sometimes called “court of last resort”Sometimes called “court of last resort” Justices appointed by the President with consent Justices appointed by the President with consent

from the Senate for life terms.from the Senate for life terms. Has both original and appellate jurisdiction, but Has both original and appellate jurisdiction, but

almost always hears cases on appeal.almost always hears cases on appeal. Originally there were only 6 Justices, but by Originally there were only 6 Justices, but by

1869 we settled on 9. (FDR—attempted to pack 1869 we settled on 9. (FDR—attempted to pack court in 1937)court in 1937)

7 to 8,000 cases appealed to Supreme Court 7 to 8,000 cases appealed to Supreme Court each year but they only hear a few hundred.each year but they only hear a few hundred.

Pay for Federal Court Judges and Pay for Federal Court Judges and JusticesJustices

Chief Justice $202,900Chief Justice $202,900Associate Justices $194,200Associate Justices $194,200Federal Circuit Court of Appeals judges Federal Circuit Court of Appeals judges

get $164,100.get $164,100.Federal District Court Judges get Federal District Court Judges get

$154,700$154,700

How does the Supreme Court How does the Supreme Court decide to hear a case????decide to hear a case????

The Rule of Four----at least four justices The Rule of Four----at least four justices must agree to hear a case before it is must agree to hear a case before it is accepted .accepted .

Writ of Certiorari----directs lower court to Writ of Certiorari----directs lower court to send up record of the case for review.send up record of the case for review.

If you appeal a case to the Supreme Court If you appeal a case to the Supreme Court you are asking the Justices for a writ of you are asking the Justices for a writ of “cert”---most are denied.“cert”---most are denied.

The Supreme Court will not usually hear a The Supreme Court will not usually hear a case unless it raises some important case unless it raises some important Constitutional question.Constitutional question.

Judicial Review and the Supreme Judicial Review and the Supreme CourtCourt

Established in 1803 in the case Marbury v. Established in 1803 in the case Marbury v. MadisonMadison

Establishes that the Supreme Court has Establishes that the Supreme Court has the power to determine if actions of the power to determine if actions of government are unconstitutional.government are unconstitutional.

How does a case arrive at the How does a case arrive at the Supreme Court?Supreme Court?

1. From one of the 50 State Supreme 1. From one of the 50 State Supreme Courts.Courts.

2. From one of the Circuit Courts of Appeal.2. From one of the Circuit Courts of Appeal.

United States Supreme Court 2007United States Supreme Court 2007

Associate Justice Associate Justice John Paul Stevens, John Paul Stevens, 84 years old, 84 years old, appointed by Gerald appointed by Gerald Ford.Ford.

Considered one of the Considered one of the three liberals on the three liberals on the court.court.

U.S. Supreme Court 2007U.S. Supreme Court 2007

Associate Justice Associate Justice Antonin Scalia, 68 Antonin Scalia, 68 years old, appointed years old, appointed by Ronald Reagan.by Ronald Reagan.

Considered one of the Considered one of the three conservatives three conservatives on the court. on the court.

U.S. Supreme Court 2007U.S. Supreme Court 2007

Associate Justice Associate Justice Anthony Kennedy, 68 Anthony Kennedy, 68 years old, appointed years old, appointed by Ronald Reagan.by Ronald Reagan.

Considered one of the Considered one of the three moderates on three moderates on the vote—swing vote.the vote—swing vote.

Voted for Bush in Voted for Bush in Bush v. GoreBush v. Gore 2000 2000

Supreme Court 2007Supreme Court 2007

Associate Justice Associate Justice David Souter, 65 David Souter, 65 years old, appointed years old, appointed by George H.W. by George H.W. Bush.Bush.

Considered one of the Considered one of the three moderates on three moderates on the court---swing the court---swing vote.vote.

Supreme Court 2007Supreme Court 2007 Associate Justice Associate Justice

Clarence Thomas, 56 Clarence Thomas, 56 years old, appointed by years old, appointed by George H.W. Bush. George H.W. Bush. Second African Second African American appointed to American appointed to Supreme Court Supreme Court (Thurgood Marshall was (Thurgood Marshall was first)first)

Considered one of the Considered one of the three conservatives on three conservatives on the court.the court.

Supreme Court 2007Supreme Court 2007

Associate Justice Associate Justice Ruth Bader Ginsburg, Ruth Bader Ginsburg, 71 years old, 71 years old, appointed by Bill appointed by Bill Clinton.Clinton.

Considered one of the Considered one of the three liberals on the three liberals on the court—possibly most court—possibly most liberal.liberal.

Supreme Court 2007Supreme Court 2007

Associate Justice Associate Justice Stephen Breyer, 66 Stephen Breyer, 66 years old, appointed years old, appointed by Bill Clinton.by Bill Clinton.

Considered one of the Considered one of the three liberals on the three liberals on the court.court.

Newest Justice Sam AlitoNewest Justice Sam Alitoappointed by George W. Bushappointed by George W. Bush

2007 Supreme Court2007 Supreme Court Chief Justice John Chief Justice John

Roberts Roberts 51 years old---newly 51 years old---newly

appointed.appointed. The first appointment The first appointment

that President George that President George W. Bush has had the W. Bush has had the opportunity to make. opportunity to make. Roberts is considered Roberts is considered a conservative.a conservative.

He was confirmed by He was confirmed by the Senate by a vote the Senate by a vote of 78-22of 78-22

How does the Supreme Court How does the Supreme Court make decisions?make decisions?

A decision is made by majority vote (the A decision is made by majority vote (the Bush v. GoreBush v. Gore 2000 decision was 5-4). 2000 decision was 5-4).

Sometimes Sometimes Justices hear oral arguments Justices hear oral arguments before the Supreme Court. Each side gets before the Supreme Court. Each side gets 25 minutes to speak.25 minutes to speak.

Months usually pass before a decision is Months usually pass before a decision is reached. Occasionally they speed up the reached. Occasionally they speed up the process.process.

OpinionsOpinions

Majority opinion—the official written Majority opinion—the official written opinion of the court.opinion of the court.

Concurring Opinion---when a justice Concurring Opinion---when a justice agrees with the majority but for different agrees with the majority but for different reasons that they want to explain.reasons that they want to explain.

Dissenting Opinion---when a justice or Dissenting Opinion---when a justice or justices disagree with the majority and justices disagree with the majority and want to explain why.want to explain why.

Quiz ReviewQuiz Review11. Which federal courts have original 11. Which federal courts have original

jurisdiction?jurisdiction?12. Federal District courts hear both—and—12. Federal District courts hear both—and—

cases.cases.13. How many Federal District courts?13. How many Federal District courts?14. Where is the nearest federal district 14. Where is the nearest federal district

court to us?court to us?15. How many federal district court judges?15. How many federal district court judges?16. Recently a federal district court judge 16. Recently a federal district court judge

in---ruled that students in this district would in---ruled that students in this district would no longer have the opportunity to say the no longer have the opportunity to say the ---to start the school day.---to start the school day.

Quiz review II continuedQuiz review II continued

17. Why were federal circuit courts of appeal 17. Why were federal circuit courts of appeal created?created?

18. What type of jurisdiction do Federal 18. What type of jurisdiction do Federal Circuit courts have?Circuit courts have?

19. About how many cases do federal circuit 19. About how many cases do federal circuit courts hear within a year?courts hear within a year?

20. Federal Circuit Court Judges usually 20. Federal Circuit Court Judges usually hear cases as a panel of ---judges. This is hear cases as a panel of ---judges. This is called -------- (Latin phrase)called -------- (Latin phrase)

Quiz Review IIIQuiz Review III21. How many justices are there on Supreme Court?21. How many justices are there on Supreme Court?22. Why is Supreme Court sometimes called court of 22. Why is Supreme Court sometimes called court of

last resort?last resort?23. What type of jurisdiction does Supreme Court 23. What type of jurisdiction does Supreme Court

have?have?24. How many Justices were on first Supreme Court? 24. How many Justices were on first Supreme Court?

Where did they first meet? Who was first Chief Where did they first meet? Who was first Chief Justice?Justice?

25. In 1937 who attempted to “pack” the Supreme 25. In 1937 who attempted to “pack” the Supreme Court? Why?Court? Why?

26. Approximately how many cases does the 26. Approximately how many cases does the Supreme Court hear in a years time?Supreme Court hear in a years time?

27. What is the pay for an Associate Justice?27. What is the pay for an Associate Justice?28. What is the “Rule of Four”?28. What is the “Rule of Four”?

Quiz Review IVQuiz Review IV29. A Writ of ---directs a lower court to send up the 29. A Writ of ---directs a lower court to send up the

record of a case for review.record of a case for review.30. What is judicial review?30. What is judicial review?31. From what two types of courts might the 31. From what two types of courts might the

Supreme Court get a case?Supreme Court get a case?32. List the 9 current members of the U.S. 32. List the 9 current members of the U.S.

Supreme Court. Who is the new Chief Justice? Supreme Court. Who is the new Chief Justice? 33. How does the Supreme Court make decisions?33. How does the Supreme Court make decisions?34. What are majority and dissenting opinions?34. What are majority and dissenting opinions?35. Be able to answer questions 1,2,6,10,14, and 35. Be able to answer questions 1,2,6,10,14, and

19 from the “Honorable Supreme Court” Video 19 from the “Honorable Supreme Court” Video listening guide.listening guide.

Special Courts—courts created by Special Courts—courts created by Congress to hear certain casesCongress to hear certain cases

1.1. The Court of Federal Claims—The Court of Federal Claims— government may not be sued without its government may not be sued without its consent. Court set up in 1855 to hear consent. Court set up in 1855 to hear civil claims against the U.S. Government. civil claims against the U.S. Government. 16 Judges with 15 year terms, hear 16 Judges with 15 year terms, hear cases through out the country.cases through out the country.

2.2. U.S Tax Court-U.S Tax Court---hears civil cases --hears civil cases dealing with taxes.dealing with taxes.

3.3. Court of International TradeCourt of International Trade---hears ---hears civil cases arising out of tariff and other civil cases arising out of tariff and other trade related laws.trade related laws.

Special Courts ContinuedSpecial Courts Continued4. 4. Territorial Courts-Territorial Courts---Courts set up by --Courts set up by

Congress for U.S. territories such as Congress for U.S. territories such as Guam, and Virgin Islands.Guam, and Virgin Islands.

5. 5. Court of Appeal for Veterans Claims-Court of Appeal for Veterans Claims-----hears appeals from the decisions made by hears appeals from the decisions made by the Department of Veterans Affairs. the Department of Veterans Affairs. Usually having to do with Veterans Claims.Usually having to do with Veterans Claims.

6. 6. Court of Appeals for the Federal Court of Appeals for the Federal Circuit—Circuit—hears appeals from Court of hears appeals from Court of International trade, Court of Federal International trade, Court of Federal Claims, Court of Appeals for Veterans Claims, Court of Appeals for Veterans Claims.Claims.

Special Courts continuedSpecial Courts continued

7. Military Courts---Court martial—7. Military Courts---Court martial—conducted by military.conducted by military.

8. Court of Military Appeals—appeals court 8. Court of Military Appeals—appeals court for Military Court. Civilian judges.for Military Court. Civilian judges.

Quiz Review IVQuiz Review IV32. How are decisions made on the Supreme Court?32. How are decisions made on the Supreme Court?33. Does the Supreme Court always hear lawyers 33. Does the Supreme Court always hear lawyers

arguments orally before the court?arguments orally before the court?34. What do you call the official written opinion of the 34. What do you call the official written opinion of the

Court?Court?35. What do you call the opinion of a justice who agrees 35. What do you call the opinion of a justice who agrees

with the majority but for a different reason?with the majority but for a different reason?36. What do you call the opinion of a justice who disagrees 36. What do you call the opinion of a justice who disagrees

with the majority?with the majority?37. What court was created by Congress to hear civil cases 37. What court was created by Congress to hear civil cases

against the U.S. Government?against the U.S. Government?38. The U.S. Federal Government may not sued without its’ 38. The U.S. Federal Government may not sued without its’

--------------39. What special Federal Court was created by Congress 39. What special Federal Court was created by Congress

to hear cases dealing with tariff and trade laws?to hear cases dealing with tariff and trade laws?