Post on 30-Dec-2015
THE JUDICIAL BRANCH
Federal Courts & Organization
SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary. a. Explain the jurisdiction of the Supreme Court, federal
courts and the state courts.
c. Describe how the Supreme Court decides cases.
d. Compare the philosophies of judicial activism and judicial restraint.
SSCG4 The student will demonstrate knowledge of the organization and powers of the national government. a. Describe the structure and powers of the legislative,
executive, and judicial branches.
b. Analyze the relationship between the three branches in a system of checks and balances and separation of powers.
The Creation of a National Judiciary
The Creation of a National Judiciary
The federal court system was established by Article III of the ConstitutionArticle III Section 1
There are two separate court systems in the United StatesThe United States has a national system of
courtsEach State has its own court system that
hears most of the cases brought in this country
ConstitutionalCourts
• The three-tiered system of Federal District courts, Courts of Appeal (originally circuit courts), and the Supreme Court.
• Article III of the Constitution provides for the creation of these courts.
• Judges serve for life
LegislativeCourts
• Various Administrative Courts and Tribunals that Congress establishes
• Created by Congress as need arises by power established in Article I of the Constitution.
• Judges serve fixed terms
Two Types of Federal Courts
Federal Court System (Article III)Three Tier Configuration
Supreme Court
Courts of Appeals
Federal District Courts
Original Jurisdiction
Appellant Jurisdiction
The Lower Federal CourtsDistrict Courts Created by Congress (based on Article III)
Political appointment process (strong Congressional influence)
District Courts (DC):Purpose & focus: establish the facts of the case In most cases => decide fate (end of trial or appeals)Most DC cases are civil cases (80+%) vs. criminal (mostly
state)○ Statutory actions & Petitions from prisoners○ Civil rights complaints & Tax suits○ Bankruptcies & Contract enforcement & Liability claims
Main DC job: Apply the law as defined by CongressLittle flexibility (w/some limited opportunities)
Courts of Appeal
Decide cases appealed from District courtsAppellate Jurisdiction (aka: Appellate Courts)
Focus: legal issues tried in district or state:Determine if trial was fairJudge applied law correctly(Do not determine facts of case => who does?)
○ District Courts Result: Appellate Courts have more
flexibility to interpret & extend law
Jurisdiction in the Federal Courts
Federal Courts have exclusive jurisdiction (authority to rule on cases) in all of the following cases:Cases involving United States laws, treaties with
foreign nations, or interpreting the Constitution.Cases involving patent, copyright, and trademark casesCases involving antitrust lawCases involving bankruptcy, securities and banking
regulationsCases involving law at seaCases involving disputes between statesCases involving ambassadors and other high-ranking
public figure
Jurisdiction in the Federal Courts
All cases that do not fall under the jurisdiction of the federal courts are within the jurisdiction of the State courts
Some cases have exclusive (federal courts only) jurisdiction
Some cases have concurrent (federal or state courts) jurisdiction
Powers of the Supreme Court
Judicial Review – power to declare laws and actions of local, state, and national governments unconstitutional
Rules on appeals from state supreme courts
State Courts have jurisdiction in all cases involving state laws. Most cases are handled at the state level.
Judicial Review
What happens when Judicial Review is taken to extreme?
JudicialActivism
• Judicial review is the doctrine allowing the Supreme Court to review and overturn laws made by Congress and decisions made by the president.
• Judicial Activism is the vigorous use of judicial review to overturn laws and make public policy from the federal bench.
Judicial Activism v. Judicial Restraint
Judicial activists believe that the federal courts must correct injustices that are perpetuated or ignored by the other branches.
Judicial restraint is the belief that judges should base their court decisions on written laws and legal precedent, without considering their personal and political opinions
The End
THE SUPREME COURT
SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary.b. Examine how John Marshall established the
Supreme Court as an independent, coequal branch of government through his opinions in Marbury v. Madison.
c. Describe how the Supreme Court decides cases.
Supreme Court of the U. S. Highest Court in the United States: Composed of 8 Associate Justices and 1 Chief
Justice Appointed for life terms by the President, with
Senate confirmation Has original jurisdiction (authority of a trial court to
be first to hear a case) in the following types of cases:Disputes between statesDisputes involving diplomats and foreign governments
Has appellate jurisdiction (authority of a trial court to hear a case on appeal from a lower court) from lower federal courts and state supreme courts
Establishment of Judicial Review
Establishment of Judicial Review
Established by Marbury v. Madison Chief Justice John Marshall ruled that
the Supreme Court had the power to review acts of Congress - Judicial Review. The Supreme Court ruled that a
Congressional law was unconstitutional, and thus expanded the power of the Court.
How Cases Reach the Court Over 6,000 cases are appealed to the
Supreme Court each year The Court will select only a few hundred
to be heard Under the “Rule of Four,” at least four
justices must agree that the Court should hear a case before the case is selected for the Court’s docket
How Cases Reach the Court The Court will dispose of half of the
cases with a simple, brief, written statement
The Court decides, with full opinions, only about 100 cases per year
Most cases reach the Court by writ of certiorari – an order to a lower court to send the record in a given case to the Supreme Court for its review
How Cases Reach the Court “Cert” (writ of certiorari) is granted in
only a limited number of casesConstitutional question
When “Cert” is denied, the lower court ruling stands
A few cases reach the Court by “certificate”
Not clear about a rule of law
How Cases Reach the Court Most cases reach the Supreme Court
through the State Supreme Courts and the Federal Courts of Appeal
The Supreme Court at Work
The Supreme Court at Work The court term begins at 10:00 am on
the first Monday in October The term will usually end in June or July Justices hear cases in two-week cycles Usually will hear oral arguments on
Monday, Tuesday, Wednesday, and sometimes Thursday
The Supreme Court at Work Written Arguments
Each attorney must submit a brief. Briefs are the main way that information is provided
to the Justices.Briefs, written documents supporting one side of a
case, are submitted before oral arguments are heardMay run into the hundreds of pagesAmicus curiae (friend of the court briefs), these are
written by people interested in the case but not directly involved
Can only be filed with court’s permission
The Supreme Court at Work Oral Arguments
Each lawyer must be on the approved list to argue cases before the Supreme Court
Each side receives thirty minutes to argue their case
Justices can interrupt a lawyer at any time to ask questions about the case
When the red light goes on, the period is over
The Supreme Court at Work The Solicitor General represents the
United States whenever the US is a party to a case
He or she decides which cases to appeal to the Supreme Court
The present Solicitor General is Donald B. Verrilli, Jr.
The Supreme Court at Work
The Conference:Done behind closed doors and no written records
are kept of the proceedings (deliberate in secret) Chief Justice speaks first about the case and lays
out his reasoning about the rule of law and how the case should be decided
The Chief Justice will vote last giving him the opportunity to break a tie, if necessary
Quorum for the Court is sixMajority is necessary for a decision to be rendered
○ 4 of 6; 4 of 7; 5 of 8; 5 of 9
The Supreme Court at Work Opinion writing
If the vote ends in a tie, the decision of the court that heard the case last, stands
If the Chief Justice is in the majority, he will write the opinion of the court or will assign this to one of the majority voters
If Chief Justice is in the minority, the senior Justice in the majority will serve in this role
Majority Opinion Concurring Opinion Dissenting Opinion
The document announcing and usually explaining the Supreme Court's decision in a case.
A statement from one or more Supreme Court justices agreeing with a decision in a case, but giving an alternative explanation for it.
A statement from one or more Supreme Court justices explaining why they disagree with a decision in a case.
The Supreme Court at Work
Voting Patterns: Predictable positions of Supreme Court justices “5-4” Decisions & the role of Kennedy & Roberts
The Supreme Court at Work Stare decisis – let the decision stand
Creates the rule of precedent Dissenting Opinion could be used to
overturn some future case
The Supreme Court at Work Announcement
Once the majority and dissenting opinions are completed, the Court announces its decision and publishes its opinions. These opinions are then used to guide courts across the country. These are judicial precedents.