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Unit 02

The Courts

• Article III, Section 1–“One Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish.”

Established by the U.S. ConstitutionEstablished by the U.S. Constitution

U.S. Federal Courts

Federal Judiciary Act of 1789

• trial courts of limited jurisdiction• trial courts of

general jurisdiction • appellate courts

3 Tier Model for Court System3 Tier Model for Court System

Three Types/Levels of CourtsThree Types/Levels of Courts

U.S. Federal Courts

• U.S. district courts• U.S. courts of appeals• U.S. Supreme Court

Supreme Court & Courts of Appeal

U.S. Circuit Courts of Appeals

U.S. Supreme Court

• The U.S. Supreme Court consists of nine justices, eight of whom are referred to as Associate Justices.

• The ninth justice presides over the Court as the Chief Justice.

U.S. Supreme Court• A unanimous Court

decision:– Is less likely to be

reversed in the future.

– Creates more compelling precedent than a case decided by a 5-4 vote.

• The opinion:– Majority

– Dissenting

– Concurring

• Every Supreme Court decision contains two elements essential to creating doctrine:1. The vote that decides the

case in favor of one of the parties, and

2. The opinion -- a statement or set of statements in which the majority explains the rationale for its decision in such a way as to create doctrine (that is, make policy).

•Supreme Court Justices:• are nominated by

the President• are confirmed by the Senate• serve for life

U.S. Supreme Court

U.S. Supreme Court• Chief Justice: John Roberts (appointed 2005)• Associate Justices:• John Paul Stevens (appointed December 1975)• Samuel Alito (January September 2006)• Antonin Scalia (appointed September 1986)• Anthony Kennedy (appointed February 1988)• David Souter (appointed October 1990)• Clarence Thomas (appointed October 1991)• Ruth Bader Ginsberg (appointed August 1993)• Stephen Breyer (appointed August 1994)

U.S. Supreme Court

• The Supreme Court has limited original jurisdiction.• It does not conduct trials

except in disputes between states and some attorney

disbarment.• It reviews the decisions

of lower courts.

• Selecting cases.– Process.

• Writ of certiorari– only approximately

75–125 petitions are granted review by the Court out of the over 7,500 submitted each term

• Rule of four• Clerks• Cert pool

– Resolving lower-court decision conflicts.

– Taking cues from others.• Amicus curiae• Solicitor general

U.S. Supreme Court

• The Supreme Court has limited original jurisdiction.

• It does not conduct trials except in disputes between states and

some attorney disbarment.• It reviews the decisions of lower

courts.• Four Justices must vote in favor of a

hearing for a case to be heard.

Judicial Review

• While judicial review was not explicit in the U.S. Constitution, it was anticipated by its framers.

• Alexander Hamilton, in the Federalist Papers, wrote that

through judicial review, the Court should ensure that the “will of the people” would be supreme over

the “will of the legislature.”