Transcript Unit Five The Judicial Branch

Unit Five
The Judicial Branch
Chapter 11: The Federal Court System
Chapter 12: Supreme Court Decision Making
Articles of Confederation
1781-1789
This had no national courts.
 The states all interpreted laws.
 US realized they needed a national ct.
 Alexander Hamilton said,

– “Laws are dead letters without courts to
expound and define their true meaning
and operation.”
The Creation of the
National Judiciary

Article Three
– “The judicial power of the United States shall be
vested in one Supreme Court, and in such
inferior courts as the Congress may from time to
time ordain and establish.”

Two separate court systems in the US
– National system of courts

Span the country, more than 100 of them.
– Each of 50 States have their own court system.

These hear most cases in the country, 1000s of them.
Creation of the
National Judiciary (cont.)
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Congress can create inferior courts.
There are two kinds of inferior courts:
– Constitutional courts (aka: Regular cts.)
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Exercise the judicial power of the U.S.
Hear federal court cases.
Include: The Supreme Court, the Court of Appeals, the
District Courts, the Court of International Trade
– Special Courts (aka: Legislative Courts.)
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
Created by Congress
Hear only a limited range of specialized cases
Include: Court of Appeals for Armed Forces, Court of
Veterans Appeals, Claims Court, Tax Courts, Courts of
Washington D.C.
Jurisdiction
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
Jurisdiction is the authority of a ct. to hear &
decide a case; the power “to say the law.”
Exclusive Jurisdiction
– Cases heard only in federal courts.
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Concurrent Jurisdiction
– A case that can be heard in state/federal court.
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Original Jurisdiction
– A court hears a case for the 1st time at trial level.
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Appellate Jurisdiction
– A court that hears a case on appeal from a lower
court has this, and can overrule an original.
Jurisdiction in the
Federal Courts

Federal courts can hear cases that
deal with the interpretation and
application of a provision of the
Constitution or of any federal statute or
treaty.
– They can also hear cases that arise on
the high seas or in navigable waters of
the United States.
Appointment of Judges

Federal judges are nominated by the
President and confirmed by Senate.
– Review Senatorial Courtesy

Presidents will nominate…
– Someone from their political party
– Someone who shares their legal and political
ideology

Federal judges have come from:
– Leading attorneys, legal scholars, law school
profs., congressional members, & state justices.
Terms and Pay
of Judges
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Most federal judges
are appointed for
life and may be
removed only
through the
impeachment
process.
– Only 13 ever
impeached and 7
removed.

Congress sets the
judicial salaries and
benefits.
– Associate Justices of
Supreme Ct - $173,600.

Chief Justice:
$181,400.
– They can retire at 70, if
they served 10 years,
and receive full salary
for ever!

Or at 65, with 15 years
of service.
Court Officers
Each district court has many officials
who assist the district judge.
 These include clerks, bailiffs,
stenographers, magistrates,
bankruptcy judges, United States
attorneys, and federal marshals.

The District Courts
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94 District courts
(states have at least 1)
– Use grand and petit
juries:

– Cali, NY, Texas – have
four!
– 550 district judges hear
80% of the federal
caseload.
– Trial courts for criminal
and civil federal cases.
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Have original
jurisdiction over most
of the cases heard in
the federal courts.
There are 12 circuits
(regions) in U.S.
– States are divided up into
these. (AL, GA, FL in
circuit 11)
Grand: 16-23
people, hear
charges against a
person for a crime, if
they feel there is
evidence they issue:
– Indictment –
formal accusation
charging a person
with a crime.
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Petit: 6-12 people,
trial jury.
– Weigh evidence
presented at a
trial in a criminal
or civil case.
– Jury duty…
The Court of Appeals
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Courts of appeals were created in 1891 as
“gatekeepers” to the Supreme Court.
There are now 13 courts of appeals.
– 12 – 1 per each circuit
– #13 – special appeals court, national jurisdiction
– Usually 3 judges sit per panel.
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55,000 cases per year.
Legal terms
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Before we move on to the Supreme
Court, let’s see what we have learned
from Detectives Benson and Stabler on
Law and Order!

Take five minutes and try to answer all
of the questions on the handout,
individually!
The Supreme Court
Back row left to right: Stephen Breyer, Clarence Thomas,
Ruth Bader Ginsburg, Samuel Alito.
Front row left to right: Anthony Kennedy, John Paul
Stevens, * John Roberts, Antonin Scalia, David Souter
John Roberts
New Chief Justice
Rehnquist
Replaced
William
Samuel Alito
Replaced
New Justice
Sandra Day O’Connor
How they tend to vote
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Conservative
–
–
–
–
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Liberal/Moderate
–
–
–
–
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Clarence Thomas
John Roberts (replaced W. Rehnquist)
Antonin Scalia
Samuel Alito (replaced O’Connor)
David Souter
Ruth Bader Ginsburg
Stephen Breyer
John Paul Stephens
Swing
– Anthony Kennedy
– Sandra Day O’Connor (retired)
Judicial Review
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The power to decide on the constitutionality
of an act of government.
The case of Marbury vs. Madison, (1803)
established this concept.
The Supreme Court has great powers…
– As the ultimate authority on constitutionality
– As the arbiter of disputes between States and
between States and the Federal Gov’t.
Supreme Court’s
Jurisdiction

The Supreme Court has both original
and appellate jurisdiction, but most of
its cases are appeals.
– Can’t initiate action, must wait for
Litigants:
 People
engaged in a lawsuit to come before
them.

Today, the Supreme Court has almost
complete control over its own
caseload.
Main duties:
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Making Decisions:
– Decide which case to hear
– Decide the case itself
– Determine an explanation for the
decision, called the opinion
– Protecting civil liberties.
Protector of
Civil Liberties
What are civil liberties?
 Where do they come from?
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When learning about various Supreme
Court Cases, please think back to
what civil liberties are involved?
How does a
case get there?
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In 2000, more than 8,900 cases appealed
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“The Rule of Four”
– At least four judges must agree that the Court
should hear a case before that case is selected
for the Court’s docket.
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Writ of Certiorari
– How most cases reach the court.
– An order to a lower court to send up the record
in a given case.
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By Certificate
– When appellate cts, State supreme cts, or others
request a ruling on a particular point of law.
The S. Court at work!
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Oral Arguments
– Lawyers speak to the justices, emphasizing the
major points they made in their written briefs.
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Briefs
– Written documents supporting one side of a
case, submitted before oral arguments are held.
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Solicitor General
– Represents the US before the S.Ct. in all cases
to which it is a party.
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The Conference
– The justices meet in secret session to discuss in
depth and vote on the cases they have heard.
Opinions
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Justices of the S. Ct. always write the
Opinion of the Courts.
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Majority Opinions
Concurring Opinions
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– Disagree with reasoning
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Dissenting Opinions
– Disagree w/ major opinion, discusses minority
opinion
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Plurality Opinions
– We agree but…, doesn’t rep a majority
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All opinions may have an influence on
subsequent rulings.
Special
Courts
The United States
Claims Court
The United States may be sued only if
it gives its consent.
 The Claims Court hears cases from all
over the county in which there are
claims for damages against the
Federal Government.
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The Territorial Courts
Under the Constitution, Congress
created courts for the nation’s
territories.
 The courts operate much like local
courts in the State systems.
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The Court of Appeals
for Armed Forces
5 civilian judges appointed
 15 year terms
 This court hears appeals from courtmartial convictions and is usually the
court of last resort for members of the
armed forces.
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The Court of
Veterans Appeals
7 judges appointed by President
 Serve 15 year terms
 They hear appeals from veterans who
claim that the Veteran’s Administration
has mishandled their cases.
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The United States
Tax Court
19 judges, appointed by President
 12 year terms
 The Tax Court hears only civil cases
involving disputes over the application
of tax laws.
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