The Judicial BranchThe Judicial Branch

Introduction to the Judicial BranchIntroduction to the Judicial Branch No judicial branch under No judicial branch under Articles of ConfederationArticles of Confederation

• State courts had sole authority over all cases – major State courts had sole authority over all cases – major weakness of Articlesweakness of Articles

Judicial Branch created in Judicial Branch created in Article IIIArticle III of the U.S. of the U.S. ConstitutionConstitution

• Only Only 11 federal court created – federal court created – The U.S. Supreme CourtThe U.S. Supreme Court• Gives power to Gives power to CongressCongress to create any lower federal courtsto create any lower federal courts

Introduction to the Judicial BranchIntroduction to the Judicial BranchU.S. Court System TodayU.S. Court System Today U.S. has a U.S. has a dualdual system of courts:system of courts:

• Federal CourtsFederal Courts – – handle criminal and civil cases involving handle criminal and civil cases involving federal law or any constitutional issuefederal law or any constitutional issue

• State CourtsState Courts – – handle criminal and civil cases involving handle criminal and civil cases involving state lawstate law

Criminal CaseCriminal Case – – Government or state Government or state charges an individual with violating one or charges an individual with violating one or more lawsmore lawsCivil CaseCivil Case – – Government or state resolves Government or state resolves a dispute between two partiesa dispute between two parties (ex. Runaway Jury)

Introduction to the Judicial BranchIntroduction to the Judicial Branch Federal Court StructureFederal Court Structure

• Supreme Court – Supreme Court – Created by the ConstitutionCreated by the Constitution• Federal District Courts – Federal District Courts – Created by Congress through the Created by Congress through the Judiciary Judiciary

Act of 1789Act of 1789 - - act as federal trial courtsact as federal trial courts• U.S. Court of Appeals – U.S. Court of Appeals – Created by Congress in Created by Congress in 18911891 – – act as federal act as federal

appeal courtsappeal courts

What is a Federal Crime?What is a Federal Crime? Federal CrimeFederal Crime: a crime that is : a crime that is

either made illegal by U.S. either made illegal by U.S. federal legislation or a crime that federal legislation or a crime that occurs on U.S. federal property. occurs on U.S. federal property.

Murder during a hostage-takingMurder during a hostage-taking Murder with the intent of preventing Murder with the intent of preventing

testimony by a witness, victim, or testimony by a witness, victim, or informant informant

Mailing of injurious articles with Mailing of injurious articles with intent to kill or resulting in deathintent to kill or resulting in death

Murder for hire Murder for hire Bank-robbery-related murder or Bank-robbery-related murder or

kidnappingkidnapping Murder by the use of a weapon of Murder by the use of a weapon of

mass destruction mass destruction Trafficking in large quantities of Trafficking in large quantities of

drugsdrugs Treason Treason

Murder related to the smuggling of Murder related to the smuggling of illegal immigrantsillegal immigrants

Murder committed during a drug-Murder committed during a drug-related drive-by shootingrelated drive-by shooting

Murder committed at an airport Murder committed at an airport serving international civil aviation serving international civil aviation

Civil rights offenses resulting in Civil rights offenses resulting in death death

Murder of a member of Congress, Murder of a member of Congress, an important executive official, or a an important executive official, or a Supreme Court Justice Supreme Court Justice

Murder committed by the use of a Murder committed by the use of a firearm during a crime of violence firearm during a crime of violence or a drug trafficking crimeor a drug trafficking crime

Murder of a U.S. national in a Murder of a U.S. national in a foreign country foreign country

Murder during a kidnappingMurder during a kidnapping Murder involving torture Murder involving torture EspionageEspionage Hijacking of airplaneHijacking of airplane

Federal Court JurisdictionFederal Court Jurisdiction What is What is Jurisdiction?Jurisdiction?

• The authority of the courts to hear certain casesThe authority of the courts to hear certain cases

Types of Federal JurisdictionTypes of Federal Jurisdiction

1.)1.) Original JurisdictionOriginal Jurisdiction: : authority to hear a case for the first timeauthority to hear a case for the first time• Trials are conducted, evidence is presented, and juries determine Trials are conducted, evidence is presented, and juries determine

outcome of caseoutcome of case• Federal District CourtsFederal District Courts and the and the Supreme CourtSupreme Court (in certain cases) (in certain cases)

have original jurisdictionhave original jurisdiction

2.)2.) Appellate JurisdictionAppellate Jurisdiction: : courts that hear reviews or appeals of courts that hear reviews or appeals of decisions from the lower courtsdecisions from the lower courts

• Federal Courts of AppealsFederal Courts of Appeals and the and the Supreme CourtSupreme Court have appellate have appellate jurisdictionjurisdiction

3.) Concurrent Jurisdiction3.) Concurrent Jurisdiction: : allows certain types of cases to be tried in allows certain types of cases to be tried in either the federal or state courtseither the federal or state courts

Types of Federal CourtsTypes of Federal Courts1.) District Courts1.) District Courts

created by the created by the Judiciary Act of 1789Judiciary Act of 1789 Federal trial courtsFederal trial courts Every state has at least one; more people = more district courts Every state has at least one; more people = more district courts

(GA has 3)(GA has 3) Currently Currently 9494 district courts (w/ over 550 judges) district courts (w/ over 550 judges) Have Have original jurisdictionoriginal jurisdiction ONLYONLY – no appellate jurisdiction – no appellate jurisdiction Decide civil and criminal cases arising under the Constitution and Decide civil and criminal cases arising under the Constitution and

federal lawsfederal laws Judges serve for Judges serve for lifelife – appointed by President of U.S. and – appointed by President of U.S. and

confirmed by Senateconfirmed by Senate Can only be removed by Can only be removed by impeachmentimpeachment with a guilty verdict with a guilty verdict

Participants in the Judicial SystemParticipants in the Judicial System Called Called LitigantsLitigants

• PlaintiffPlaintiff: : the party bringing the chargesthe party bringing the charges• DefendantDefendant: : the party being accused or chargedthe party being accused or charged• JuryJury: : 12 people who decide the outcome of the trial12 people who decide the outcome of the trial

Types of Federal CourtsTypes of Federal Courts

2.) U.S. Courts of Appeal2.) U.S. Courts of Appeal Created by Congress in Created by Congress in 18911891 to help lessen the work load of the to help lessen the work load of the

Supreme CourtSupreme Court Decide appeals from U.S. district courts Decide appeals from U.S. district courts 1212 U.S. Court of Appeals U.S. Court of Appeals States are divided intoStates are divided into circuits, or geographic judicial districts (not , or geographic judicial districts (not

every state has one)every state has one) Also a circuit for Washington, D.C. and a special appeals court Also a circuit for Washington, D.C. and a special appeals court

with national jurisdictionwith national jurisdiction Have Have appellate jurisdictionappellate jurisdiction ONLY ONLY (May only review cases already (May only review cases already

decided by a lower court)decided by a lower court) Panel of Panel of 33 judges decide cases in the Courts of Appeals judges decide cases in the Courts of Appeals Judges serve for Judges serve for lifelife – nominated by President and confirmed by – nominated by President and confirmed by

SenateSenate

U.S. Courts of Appeal CircuitsU.S. Courts of Appeal Circuits

Types of Federal CourtsTypes of Federal Courts3.) U.S. Supreme Court3.) U.S. Supreme Court

Only court actually created directly by the ConstitutionOnly court actually created directly by the Constitution Highest courtHighest court in the federal judicial system in the federal judicial system Final authority in dealing with questions arising from the Final authority in dealing with questions arising from the

Constitution, federal laws, and treatiesConstitution, federal laws, and treaties Has both Has both original and appellate jurisdictionoriginal and appellate jurisdiction 90%90% of cases are of cases are appealsappeals from lower federal courts from lower federal courts Congress establishes the size of the Supreme CourtCongress establishes the size of the Supreme Court Current size – Current size – 88 associate justices and associate justices and 11 chief justice chief justice Justices nominated by President of the U.S. and confirmed by Justices nominated by President of the U.S. and confirmed by

SenateSenate Serve for Serve for “life”“life”

U.S. Supreme Court TodayU.S. Supreme Court Today Chief Justice John Chief Justice John

Roberts, Jr.Roberts, Jr. Associate Justices:Associate Justices:

• ANTONIN SCALIA• ANTHONY M. KENNEDY• CLARENCE THOMAS• RUTH BADER GINSBURG• STEPHEN G. BREYER• SAMUEL A. ALITO, JR.• SONIA SOTOMAYOR• ELENA KAGAN

Judicial SelectionJudicial Selection

NoNo formal qualifications for federal judges formal qualifications for federal judges Federal judges serve Federal judges serve “during good behavior”,“during good behavior”, which which

generally means for lifegenerally means for life• Why?Why? – allows judges to be free from political pressures when – allows judges to be free from political pressures when

deciding cases (don’t have to worry about being re-elected)deciding cases (don’t have to worry about being re-elected) May be removed from office through May be removed from office through impeachmentimpeachment and and

convictionconviction• 1212 federal judges impeached – federal judges impeached – 7 7 found guilty and removedfound guilty and removed

Judicial Selection:Judicial Selection:Lower CourtsLower Courts

President has little to do with choosingPresident has little to do with choosing Due to large # of appointments, the Due to large # of appointments, the Department of JusticeDepartment of Justice and and

the the White House staffWhite House staff handle most of these nominations handle most of these nominations

Senatorial CourtesySenatorial Courtesy: : allowing senators from president’s allowing senators from president’s party who represents the state with the vacancy to approve or party who represents the state with the vacancy to approve or disapprove nomineesdisapprove nominees

Judicial Selection:Judicial Selection:Supreme CourtSupreme Court

President gives more attention to nominations to Supreme Court President gives more attention to nominations to Supreme Court (higher visibility and importance)(higher visibility and importance)

When making appointments, presidents often considerWhen making appointments, presidents often consider::• Party affiliationParty affiliation – – chooses judges from their pol.partychooses judges from their pol.party• Judicial philosophyJudicial philosophy – – chooses judges who share their political chooses judges who share their political

ideologyideology• Race, gender, religion, regionRace, gender, religion, region• Judicial experienceJudicial experience – – previous experience as judge or attorneyprevious experience as judge or attorney• ““litmus test”litmus test” – – chooses a judge based on their view on 1 single issue chooses a judge based on their view on 1 single issue

(ex. Abortion)(ex. Abortion)• Acceptability Acceptability – – chooses a judge who is non-controversial and will be chooses a judge who is non-controversial and will be

easily confirmed by the Senateeasily confirmed by the Senate

Background of Supreme Court JudgesBackground of Supreme Court Judges Almost all federal judges haveAlmost all federal judges have

• Had legal trainingHad legal training• Held positions in governmentHeld positions in government• Served as lawyers for leading law firmsServed as lawyers for leading law firms• Served as federal district attorneyServed as federal district attorney• Served as law school professorsServed as law school professors

Few African-Americans, Hispanics, or WomenFew African-Americans, Hispanics, or Women President Lyndon B. JohnsonPresident Lyndon B. Johnson appointed appointed first African Americanfirst African American Supreme Court Supreme Court

JusticeJustice, , Thurgood MarshallThurgood Marshall President Ronald ReaganPresident Ronald Reagan appointed the appointed the first female Supreme Court Justice, first female Supreme Court Justice,

Sandra Day O’ConnorSandra Day O’Connor

The Supreme Court At WorkThe Supreme Court At Work When is the Supreme Court in session?When is the Supreme Court in session?

• Term of the Supreme Court begins on the Term of the Supreme Court begins on the first Monday in Octfirst Monday in Oct. and . and generally lasts until generally lasts until June or JulyJune or July of the following year of the following year

The Supreme Court At WorkThe Supreme Court At Work How does the Supreme Court accept a case to review?How does the Supreme Court accept a case to review?

• ThousandsThousands of cases are appealed to the Supreme Court every year- only of cases are appealed to the Supreme Court every year- onlya a few hundredfew hundred are actually heard are actually heard

• Most cases denied becauseMost cases denied because1.) Justices agree with the lower court decision1.) Justices agree with the lower court decision2.) Justices believe the case does not involve a significant point of law2.) Justices believe the case does not involve a significant point of law

• Cases that are accepted must meet the Cases that are accepted must meet the rule of fourrule of four• Four of the nine justices must agree to hear the caseFour of the nine justices must agree to hear the case

• Many of the cases accepted may be disposed of in Many of the cases accepted may be disposed of in brief ordersbrief orders• Returned to the lower court for reconsideration because of a related Returned to the lower court for reconsideration because of a related

case which was recently decided case which was recently decided • Cases presented to the Supreme Court may be presented throughCases presented to the Supreme Court may be presented through

1.) Writ of Certiorari1.) Writ of Certiorari – an order by the Court (when petitioned) directing a – an order by the Court (when petitioned) directing a lower court to send up records of a case for reviewlower court to send up records of a case for review

2.)Certificate2.)Certificate – a lower court asks the Supreme Court about a rule of law or – a lower court asks the Supreme Court about a rule of law or procedures in specific casesprocedures in specific cases

Briefs and Oral ArgumentsBriefs and Oral Arguments Once a case reaches the Supreme Court, lawyers for each Once a case reaches the Supreme Court, lawyers for each

party file a written party file a written briefbrief• A detailed statement of the facts of the case supporting a A detailed statement of the facts of the case supporting a

particular position by presenting arguments based on relevant particular position by presenting arguments based on relevant facts and citations from previous casesfacts and citations from previous cases

Oral argumentsOral arguments allow both sides to present their positions to allow both sides to present their positions to the justices during a the justices during a 30 minute period30 minute period

• Justices may interrupt lawyers during this time, raising questions Justices may interrupt lawyers during this time, raising questions or challenging points of lawor challenging points of law

Writing OpinionsWriting Opinions Supreme Court decisions are explained in a written statement Supreme Court decisions are explained in a written statement

called an called an opinionopinion If voting with the majority, the If voting with the majority, the chief justicechief justice selects who will selects who will

write the opinionwrite the opinion If voting with the minority, the most If voting with the minority, the most senior associate justicesenior associate justice of of

the majority selects who will write the opinionthe majority selects who will write the opinion

Writing OpinionsWriting Opinions3 Types of Opinions3 Types of Opinions::

1.) Majority Opinion1.) Majority Opinion – opinion agreed upon by a majority of the justices – opinion agreed upon by a majority of the justices

2.) Concurring Opinion2.) Concurring Opinion – written by a justice or justices who agree with – written by a justice or justices who agree with the majority opinion, but not with the reasoning behind the decisionthe majority opinion, but not with the reasoning behind the decision

3.) Dissenting Opinion3.) Dissenting Opinion – written by a justices or justices who disagree – written by a justices or justices who disagree with the majority opinionwith the majority opinion

Majority opinion become Majority opinion become precedentsprecedents• Standards or guides to be followed in deciding similar cases in the Standards or guides to be followed in deciding similar cases in the

futurefuture• Ex. Ex. Roe v. Wade Roe v. Wade (abortion),(abortion), Mapp v. Ohio Mapp v. Ohio (exclusionary rule)(exclusionary rule)

Judicial PhilosophyJudicial Philosophy2 Types:2 Types:

1.) Judicial Activism1.) Judicial Activism The court should play a more active role in creating national policies The court should play a more active role in creating national policies

and answering questions of conflict in societyand answering questions of conflict in society

2.) Judicial Restraint2.) Judicial Restraint The court should operate strictly within the limits of the Constitution The court should operate strictly within the limits of the Constitution

and only answer questions if a clear violation of the Constitution is and only answer questions if a clear violation of the Constitution is present. Policy making should be left up to the executive and present. Policy making should be left up to the executive and legislative branches.legislative branches.