Judicial Branch #1
The Federal Court System
Dual Court System
• State Courts: have jurisdiction over the majority of cases
• Federal Courts: have jurisdiction in certain areas
Standing to Sue
• There must be a real controversy between adversaries.
• Personal harm must be demonstrated.
• Grand Juries will decide if there is enough evidence to go to trial (indictment)
–Plaintiff
–Defendant
Article III – Federal Courts
• No formal qualifications• Serve on “good behavior”– life
terms –Appointed by the –Confirmed by the –Can be impeached & removed
• Congress determines size & structure of federal courts
Selecting Judges
• Presidents seek judicial appointees who share their political ideologies.– R president picks
conservative judge by looking at previous rulings
– May use “litmus test” on issues such as abortion
Selecting Judges
• Party background has a strong effect on judicial behavior.– Can judges ever be neutral?
• Senatorial Courtesy: Senators from state where judge is needed will recommend/review Pres’ pick for lower courts
In the S
• Appointees face Judiciary Cmte
• Cmte will “interview” appointee
• Appointee will NOT answer direct questions on topics that may come up when they are a judge
Full Senate
• Give “advice and consent” – Do they confirm those who are qualified but
have a different ideology?
• These votes are often filibustered! – B/c S doesn’t want to vote on issue (they’d
like to vote no – but don’t have enough votes to win) these positions often face long delays before getting job
#1, continued …
• Why do you think the Framers created a life term for federal judges?
• Why aren’t federal judges elected by the people?
Jud #2: Court Structure
1. How does one become a federal judge?
2. How long is one term as a federal judge?
3. Why is picking a federal judge one of the president’s most important jobs
Pottawatomie Independent School District v. Earls (2002)
• This school district adopted a policy of mandatory, suspicionless drug testing of high school students participating in any school activity. Students who refused could not participate.
• Lindsay Earls a member of the choir challenged this saying it violated the 4th amendment’s prohibition against unreasonable searches & seizures.
• Who’s right? The school or the student?
1.District Courts: the entry point for most litigation in federal courts, trial courts
• Original jurisdiction – first authority to hear case
• 91 District Courts
3 Levels of Federal Cts
2. Circuit Court of Appeals: reviews final decisions of district courts
– Appellate jurisdiction – authority to hear an appeal
– 12 Circuits
– Makes most final decisions
3. Supreme Court: “last stop!”
We are in the 9th Circuit
Supreme Court
• 9 Justices
–Includes Chief Justice
• Judicial ReviewJudicial Review: is a law constitutional? – From what court case?
• Makes the final review on a case
JurisdictionJurisdiction • Original Jurisdiction: hear case for the
1st time:
– Foreign dignitaries (ambassador, etc)
– Cases that involve 2 states
• Appellate Jurisdiction: hear case on an appeal (Majority of cases) – Constitutional / Federal law
– Treaties
– Maritime
Selecting a Case• Control their docket
–Rule of 4–4 justices must decide to hear a case
• If they do, it’s given a writ of certiorariwrit of certiorari (an order for lower ct to send up case for their review)–Most cases will not get heard
• Stare Decesis: “Let the decision stand”
Which cases are heard by the SC?
• Major/Constitutional issue
• Confusion in lower courts
Deciding a Case • Lawyers submit briefs:
–Legal documents from both sides–Amicus curiae from IG’s
• SC reviews materials
Oral Arguments
• Oral Arguments: Each side’s lawyers present to justices publicly –Time limits–Questions & comments from the
justices–Solicitor General: US lawyer in SC –Review materials already given to
Court
Judicial Power
• Judicial Conference: justices discuss the case behind closed doors–Chief Justice presides
• Decision: number of people who agree–Ex: 7-2 where 7 justices say no and
2 say yes
Explanation • Opinion: brief that explains the decision
–Majority Opinion: explains opinion of the majority
–Concurring Opinion: agrees w/majority for different reasons
–Dissenting Opinion: explains opinion of the minority
• Decision is made public
What if you don’t like their decision?
• How to overturn a SC ruling:
–The SC issues a new ruling
– Possibly re-write law / statute to meet SC’s standards
–Constitutional amendment
• This gives them a lot of power!!!
Is the judicial branch the strongest branch?
Buroc FRQA. Exp 2 reasons why Cong gives
federal agencies policy making discretion in executing federal laws.
B. Choose 1 agency & identify policy area….AND 1 example of how it exercises policy making discretion
C. Describe 2 ways in which Cong ensures they follow legislative intent
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