The Judicial Branch of The Judicial Branch of the USAthe USA

The structure and workThe structure and work

ContentContent

1.1. Definition of the judicial Branch Definition of the judicial Branch

2.2. The supreme courtThe supreme court

3.3. The lower courtsThe lower courts

4.4. The powers of The Judicial BranchThe powers of The Judicial Branch

5.5. Check and Balance SystemCheck and Balance System

The The Supreme Court of the United Supreme Court of the United StatesStates ( (SCOTUSSCOTUS))

The The Supreme Court of the United Supreme Court of the United StatesStates ( (SCOTUSSCOTUS) is the highest ) is the highest judicial body in the United States, judicial body in the United States, and leads the federal and leads the federal judiciaryjudiciary..

Once appointed, Justices effectively Once appointed, Justices effectively have life tenure, serving "during have life tenure, serving "during good Behavior“ which terminates good Behavior“ which terminates only upon death, resignation, only upon death, resignation, retirement, or conviction on retirement, or conviction on impeachmentimpeachment..

Supreme courts judgesSupreme courts judges

It consists of the It consists of the Chief Justice of the United StatesChief Justice of the United States and and eight eight Associate JusticesAssociate Justices, who are , who are nominated by the nominated by the PresidentPresident and and confirmed with the "confirmed with the "advice and consentadvice and consent" (majority vote) " (majority vote) of the of the SenateSenate

Lower CourtsLower Courts

Judicial Panel on Multidistrict LitigationJudicial Panel on Multidistrict Litigation U.S. Bankruptcy CourtsU.S. Bankruptcy Courts U.S. Court of Appeals for the Federal CircuiU.S. Court of Appeals for the Federal Circui

tt

U.S. Court of International TradeU.S. Court of International Trade U.S. Courts of AppealsU.S. Courts of Appeals U.S. District CourtsU.S. District Courts U.S. Federal Courts, by Geographic LocatioU.S. Federal Courts, by Geographic Locatio

n and Circuitn and Circuit

Special CourtsSpecial Courts

U.S. Court of Appeals for the Armed U.S. Court of Appeals for the Armed Forces Forces

U.S. Court of Appeals for Veterans U.S. Court of Appeals for Veterans Claims Claims

U.S. Court of Federal Claims U.S. Court of Federal Claims U.S. Tax CourtU.S. Tax Court

Powers Powers

Determines which jurisdiction any Determines which jurisdiction any given case falls under given case falls under

Judges when a law is unconstitutional Judges when a law is unconstitutional Has the responsibility to administer Has the responsibility to administer

Constitutional law and to apply it to Constitutional law and to apply it to constitutional disputes constitutional disputes

Determines the disposition of Determines the disposition of prisoners prisoners

May legally compel testimony and the May legally compel testimony and the production of evidence as the law provides. production of evidence as the law provides.

Judges and competently administers Judges and competently administers uniform policies via the appeals process, but uniform policies via the appeals process, but gives discretion in individual cases to low-gives discretion in individual cases to low-level judges. (The amount of discretion level judges. (The amount of discretion depends upon the standard of review, depends upon the standard of review, determined by the type of case in question.) determined by the type of case in question.)

Oversees and administers members of the Oversees and administers members of the judiciaryjudiciary

Check and balance SystemCheck and balance System

By creating three branches of By creating three branches of government, the delegates built a government, the delegates built a "check and balance" system into the "check and balance" system into the Constitution. This system was built so Constitution. This system was built so that no one branch of our that no one branch of our government could become too government could become too powerful. powerful.

Each branch is restrained by the other two in Each branch is restrained by the other two in several ways. For example, the president may several ways. For example, the president may veto a law passed by Congress. veto a law passed by Congress.

Congress can override that veto with a vote of Congress can override that veto with a vote of two-thirds of both houses. Another example is two-thirds of both houses. Another example is that the Supreme Court may check Congress that the Supreme Court may check Congress by declaring a law unconstitutional. by declaring a law unconstitutional.

The power is balanced by the fact that The power is balanced by the fact that members of the Supreme Court are appointed members of the Supreme Court are appointed by the president. Those appointments have to by the president. Those appointments have to be approved by Congressbe approved by Congress