The Judicial Branch

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The Judicial Branch Article III of the United
States Constitution
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• Purpose of Courts
• A. Resolve legal disputes by applying the law
  to indv situations
• 1. Criminal law the people vs an indv
• 2. Civil law an indv vs an indv
• Please note that a legal indv does NOT have to
  be a human being. A legal indv can be an indv, a
  business, a corp, a govt agency.

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JUDICIAL BRANCHARTICLE III

• The Judicial Branch interprets or explains the
  meaning of laws.
• Judicial Branch protects your rights!
• There are different levels of courts which handle
  different cases.
• Federal courts handle cases about the
  Constitution and laws made by Congress.

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How is the Judicial Branch Organized?

• The Supreme Court is the highest court in the
  Judicial Branch.
• The Supreme Court has 9 justices (judges)
• The head of the Supreme Court is called the Chief
  Justice.
• Justices are not elected! The President appoints
  Justices.
• The Senate must approve a Justice appointment.

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OUR SUPREME COURT
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Term of Office

• Justices serve for a life term.
• They may resign or retire. They are in life until
  death otherwise.
• Just like the President, Justices may be
  impeached, tried, and removed from office if
  found guilty.

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JUDICIAL REVIEW

• Judicial review is one of the most important
  powers of the Judicial Branch. It is the power of
  the courts to say that the Constitution does not
  allow the govt to do something.
• The Supreme Court may rule that a law made by
  Congress is unconstitutional!
• Jurisdiction-area of power/control of the federal
  courts as described by the Constitution.

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FEDERAL COURTS

• 1. Supreme Court-U.S. Supreme Court
• 2. Appellate Courts-12 Regional Circuit Courts of
  Appeals and 1 U.S. Court of Appeals for the
  Federal Circuit
• 3. Trial Courts-94 Judicial District Courts and 3
  other specialized courts
• 4. Other special courts for military, veterans,
  taxes, etc.

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THE APPEALS PROCESS

• 1. Begins at the district court
• 2. Then proceeds on to the Court of Appeals
• 3. Case could proceed on from their to the
  Supreme Courtthe highest court in our country!

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B. Major players 1. Criminal law a.
Prosecutorrepresents the people b.
Defendantindv accused of breaking law 2. Civil
law a. Plaintiffindv who was wronged b.
Defendantindv accused of wrongdoing 3.
Judge a. Applies the law b.
Instructs the jury c. Keeps proceedings fair
and neutral d. May decide case if no jury 4.
Jury a. Decides facts of case b.
Determines innocence or guilt
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• Precedent
• A ruling that sets guidelines for future similar
  cases
• Jurisdiction
• 1. Define a courts right to hear a case
• 2. Original jurisdiction (aka trial
  court) a. First time a case is heard b.
  Establishes facts of case/determines innocence
  or guilt
• 3. Appellate jurisdiction a. Higher court
  that reviews trial court decisions b. Does NOT
  retry the case only determines if 1. Original
  proceedings were fair 2. Law was correctly
  applied

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• State courts
• 1. Deal with state laws
• 2. Three levels a. Trial courts b.
  Appellate courts (aka courts of appeal) c.
  State supreme court (aka court of final appeal)
• 3. Cases may be appealed to the USSC if a
  federal or constitutional issue is involved

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• Federal Courts
• 1. Original jurisdiction over federal issues a.
  Federal laws b. Constitutional issues c.
  Resident of one state v resident of another
  state d. Treaties e. Maritime
  issues f. Foreign govt is involved g. US
  govt is involved
• 2. Three levels a. Trial court (aka
  District Court) b. Appellate court (aka Court
  of Appeals) c. Supreme Court (aka Court of Final
  Appeal)

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• The Federal Court System
• A. The Judiciary Act of 1789 Established the
  federal court system by dividing the country
  into federal judicial districts, creating
  district courts and courts of appeals

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• District Courts
• 1. 94 across the country and US territories a.
  89 throughout the states according to
  population distribution b. 1 each
  in 1. D.C. 2. Puerto Rico 3.
  Guam 4. US Virgin Islands 5. Mariana
  Islands
• 2. Original jurisdiction over federal cases
  
• 3. Territory District Courts also have original
  jurisdiction over local cases

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• Courts of Appeals (aka Circuit Courts)
• 1. 13 across country
• a. 12 hear appeals from district courts
• b. 1 hears appeals from
• 1. Special courts like claims court, tax
  court, etc
• 2. Federal agencies like Office of Patents
  and Trademarks, Civil Service Commission, etc

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• Federal Judges
• 1. Appointed by president a. Advisors
  recommend candidates b. Professional
  background c. Political/social views d.
  Collegiate career
• 2. Confirmed by Senate a. Judiciary cmte
  holds hearings b. Professional background c.
  Political/social views d. Simple majority vote

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• Life terms
• a. Death b. Resignation/retirement
  c. Impeachment
• 4. Balance rights of indv vs common good

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• United States Supreme Court A. Judicial
  Review
• 1. Define Power to overturn any Act of
  Congress or executive action the Court deems
  unconstitutional
• 2. Is it in the Constitution? Not
  specifically stated however, the Constitution
  says the Court shall interpret the law

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• Established by Marbury v Madison (1803)
• a. Facts of the case Marbury appointed
  to federal judgeship by outgoing Pres John
  Adams.
• New Pres TJ tells Sec State Madison NOT to
  deliver letter of appointment (Marbury cant
  take his new job)
• Marbury sued in USSC citing right to do so in
  Fed Jud Act of 1789
• b. Justices considered both facts of case and
  law in question

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• USSC issued opinion
• Marbury was legally appointed as fed judge and
  Sec State Madison should deliver letter BUT the
  part of the Fed Jud Act of 1789 that said the
  USSC would hear this type of case is
  unconstitutional.
• The Constitution lists specific type cases the
  USSC has original jurisdiction over. This was
  not one of them.
• SO, because that part of law was
  unconstitutional, Marbury shouldnt have sued in
  USSC and USSC doesnt have authority to make
  Madison deliver the letter.

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• Precedent set THE CONSTITUTION IS WHAT THE
  SUPREME COURT SAYS IT IS
• First time Court interpreted the Constitution to
  the extent of declaring part of a law
  unconstitutional.
• This put the Jud Branch on equal footing with Leg
  and Exec branches because the Court has the power
  to declare acts of the others unconstitutional.
• The US STILL has arguments over this issue!!
  Many people recognize this as constitutional, but
  many others say the Constitution is black and
  white and NOT subject to anyones
  interpretationincluding the USSC

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• Justices
• 1. Appointed by president a. Advisors
  recommend candidates b. Professional
  background c. Political/social views d.
  Collegiate career
• 2. Confirmed by Senate a. Judiciary com.
  holds hearings b. Professional background c.
  Political/social views d. Simple majority vote

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• Life terms
• a. Death b. Resignation/retireme
  nt c. Impeachment
• Why it matters!!
• Conservative presidents conservative justices
  
• Liberal presidents liberal justices
• Justices serve for years
• Justices interpret the Constitution set
  precedent
• Those precedents affect all Americans

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• A day in the life . . .
• 1. Calendar a. Term first Monday in
  October end of June b. Sittings 2-wk
  sessions when Justices hear cases then retire
  to decide opinions
• 2. Selecting cases a. Original
  jurisdiction casesmust hear these 1. State
  govt v state govt 2. Foreign rep a party in a
  case
• b. Appellate jurisdiction caseschoose to hear
• 1. Must deal with federal or
  constitutional issue 2. Must impact a
  majority of citizens

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Rule of Fourfour of the nine justices must
agree to hear the indv case out of the 1000s of
cases appealed to them.

• Case is on the docket (aka a courts schedule or
  calendar)
• Briefs are submittedwritten summary of each
  lawyers side of the case
• Justices study lower court proceedings and briefs
• Oral arguments 1. Each side gets 30 mins to
  argue 2. Justices get to ask questions

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• Deliberations
• a. CJ summarizes case and main points
  b. Group discussion, each presents views
  c. Justices votesimple majority wins
• 5. Opinions issued a. Define
  written statement explaining ruling and reasons
  for reaching that decision b. Majority
  opinion winning decision, sets
  precedent c. Concurring opinion
  agree with majority opinion but for different
  reasons d. Dissenting
  opinion (aka minority opinion) disagree with
  majority opinion

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• Factors influencing the Court
• 1. Constitutionfundamental law of US 2.
  Precedentare there past similar cases 3.
  Intentof the Constitution and law(s) in
  question
  4. Social valueswhat is the current view
  of most Americans (will of the people) 5.
  Personal judicial philosophyto what extent
  should justices become involved in setting policy

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JUDICIAL PHILOSOPHY An ongoing discussion in
American politics about the extent to which
justices/judges should involve themselves with
setting policy. Judges dont make laws so how
does a judge set policy? JUDICIAL ACTIVISM the
Jud branch is an equal partner with the Leg and
Exec and should be actively involved in
interpreting and applying laws. Strong belief in
judicial review. JUDICIAL RESTRAINT the Jud
branch should let the Leg and Exec branches set
policy and only get involved if that policy is a
flagrant violation of Constitution. Not a strong
belief in judicial review. NEITHER VIEW IS
LIBERAL OR CONSERVATIVE
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• Checks on the Court
• 1. Executive pres appoints conservative or
  liberal justices/judges depending on his beliefs
• 2. Legislative Senate confirms appointees
  based on its majoritys beliefs
• 3. Amendment process a. How is this a
  check? USSC makes decision people REALLY dont
  like. People persuade Congress to propose a
  constitutional amendment. If ratified by the
  states, it nullifies the USSC decision.

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b. Examples 1. Dred Scott (1857) decision
Slave was property and not free just because he
had lived in a free state. As property, and not
a US citizen, he had no right to sue in federal
court. 14th Amendment (1868)
Declared former slaves to be US citizens with
all rights of citizenship. This amendment
nullified the Dred Scott decision.
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Abortion???? Flag burning???? Gay
marriage???? Stem cell research????
PLEASE NOTE The president CANNOT
propose a constitutional amendment. WHY??