Unit 6

The Judicial Branch

The Judicial Branch

Section 1: The Lower Courts

Role of the Courts– Resolving Disputes– Setting precedents—guiding principles for determining

what is legal in situations that involve similar issues– Interpreting the Law• Strict constructionists—laws and the Constitution should be

interpreted strictly according to the words they contain• Loose constructionists-- laws and the Constitution should be

interpreted in light of current political and social conditions• Example: Right to bear arms

– Strict—you can own any weapon– Loose—semi-automatic assault rifles were not around when

Constitution was written. They should be banned

Authority of the Courts– Extent of the Jurisdiction (authority to interpret and

administer the law) of Lower Courts• The lower courts hear cases in which

– A person is accused of disobeying the US constitution– A person is accused of violation a US treaty– A person is accused of breaking federal laws passed by Congress– The US gov or a US citizen is charged with an offense by a foreign

nation– A person is accused of committing a crime on a US ship at sea– A US ambassador is accused of breaking the laws of the country in

which he or she is stationed– A person is accused of committing a crime on certain types of federal

property– A citizen of one state brings a lawsuit against a citizen of another state– A few special types are left to the Supreme Court– *All other disputes are left to state and local courts

Lower Court Organization

– A. District Courts• Trial courts• Each state has 1 to 4• Determine the facts and reach the verdict based on law• Trial by jury, unless waived by defendant• US attorney is the prosecutor in criminal cases• Private attorney is used in civil cases

Lower Court Organization– B. Court of Appeals

• 1/3 are appealed, 1/5 are heard• Rest settled out of court• 13 appeals courts• 6 to 28 judges in each• No juries, usually 3 judges hear and decide the case• Judges do no review the facts• Judges decide issues of law

– Ex: whether a search of a person’s home was done legally

• Judges use mostly written data– The written record from the district court– Briefs—written legal arguments written by both sides

• Decisions– Reverse the decision– Affirm the decision– Send case back to district court for a retrial

Other Courts

– US Court of Claims– US Court of International Trade– US Court of Appeals for the Armed Forces– US Territorial Courts– US Tax Court– US Court of Veterans Appeals

Federal Judges

– Serve for life—no political pressure– Congress can impeach and convict– Appointed by Pres; confirmed by Senate– District Court Appointments

• Nominated by Dept of Justice or White House staffers• Senatorial courtesy—Senators in the Pres party approves or

disapproves each potential nominee for a position in a district in their state before the official nominations are made

– Court of Appeals Appointments• No senatorial courtesy (each appeals court covers several states)• More scrutinized before confirmed• Many Supreme Court justices come from appeals court

The Judicial Branch

Section 2: The Federal Court System

Supreme Court Pre-Test• 1. How many people are on the Supreme Court?• 2. What are the terms of a Supreme Court justice?• 3. What is judicial review? What court case gave

the Supreme Court this power?• 4. How are Supreme Court justices chosen?• 5. How does the Supreme Court operate? Is it the

same as a regular trial court?• 6. Can you name any justices on the current

Supreme Court? Which is the Chief Justice?

The Supreme Court

Early Supreme

Court

Weakest branch

Did not have own building

John Jay was 1st chief justice

Small caseload

Judicial Review

• For more information on John Marshall, click here For more information on Marbury vs. Madison, click here

During the John Marshall Court (starting in 1801), the Court got much more powerful.

1. Many landmark decisions (A decision that is notable and often cited because it significantly changes, consolidates, updates, or effectively summarizes the law on a particular topic) were made

2. Most important: Marbury vs. Madison. This gave the courts the power of judicial review--Gives courts final voice in deciding the constitutionality of gov laws and policies

3. Current event: OBAMACARE CASE!!!!!!!!!!!!!!!!

The Justices—some information

No age requirements

No profession requirements

Most have been top federal judges

and have law background

9 justices—number not set in

stoneServe for life

How are justices selected?

Nominated by President

A lot of DEBATE

Confirmed by Senate

This is a major power of the President! He nominates someone with his beliefs.

The Current Court

Sonia Sotomayor, Stephen Breyer, Samuel Alito, Elena KaganClarence Thomas, Antonin Scalia, John Roberts, Anthony Kennedy, Ruth Bader Ginsburg

How does the Supreme Court work? This is an essay question!

A. Choosing Cases:

Supreme Court only hears cases

that it wants to hear. Most

cases are refused.

B. Who May Appeal?

Anyone can if the case

involves a violation of

the Constitution.

C. Filing Briefs: Lawyer for each

party files briefs which

contain arguments

related to the case.

Continued…….

D. Oral Arguments: 30 minutes

for each side. DRAMATIC! Open to the

public.

E. Conference: Justices meet

twice per week to

debate current cases and

review petitions for new cases

F. Preparing Opinions: Majority,

concurring, and dissenting

Continued……

• Finally, the decision is announced to the public.

Supreme Court Post-Test

• 1. How many people are on the Supreme Court?• 2. What are the terms of a Supreme Court

justice?• 3. What is judicial review? What court case gave

the Supreme Court this power?• 4. How are Supreme Court justices chosen?• 5. How does the Supreme Court operate? Is it

the same as a regular trial court?• 6. Can you name any justices on the current

Supreme Court? Which is the Chief Justice?