Chapter 10: Chapter 10: The Judicial BranchThe Judicial Branch

The Parties in ConflictThe Parties in Conflict

PlaintiffPlaintiff: an individual or group of : an individual or group of people who bring a complaint against people who bring a complaint against another partyanother party

DefendantDefendant: an individual or group : an individual or group who who defends defends against a complaintagainst a complaint

ProsecutionProsecution: a gov’t body that brings : a gov’t body that brings a criminal charge against a a criminal charge against a defendant (also called “The People”)defendant (also called “The People”)

The Members of the CourtThe Members of the Court

Judge: directs the Judge: directs the proceedingsproceedings

Jury: determines Jury: determines the facts & reaches the facts & reaches a verdicta verdict

LawyersLawyers StenographerStenographer BailiffBailiff

Interpreting the LawInterpreting the Law

PrecedentPrecedent: makes : makes the meaning of a the meaning of a law or the law or the Constitution clearerConstitution clearer

ExamplesExamples

Types of JurisdictionTypes of Jurisdiction

Original jurisdictionOriginal jurisdiction: the authority to : the authority to hear a case first & determine the hear a case first & determine the facts of a casefacts of a case

AppealAppeal: the right to ask a : the right to ask a higherhigher court to review the decision & court to review the decision & determine if justice was serveddetermine if justice was served

Appellate jurisdictionAppellate jurisdiction: the authority : the authority to hear an appeal & determine if the to hear an appeal & determine if the law was applied fairlylaw was applied fairly

The Three Levels of the Court The Three Levels of the Court SystemSystem

Trial courtsTrial courts

Appeals courtsAppeals courts

Court of Final Appeals (Supreme Court of Final Appeals (Supreme Court)Court)

Cases Heard by the Federal CourtsCases Heard by the Federal Courts

Involve constitutional questionsInvolve constitutional questions Challenge federal laws, such as Challenge federal laws, such as

treason & tax evasiontreason & tax evasion Disagreements between statesDisagreements between states Appealed from the state supreme Appealed from the state supreme

courtscourts

10.2 The Organization of the 10.2 The Organization of the Federal CourtsFederal Courts

Judiciary Act of 1789Judiciary Act of 1789: created the lower : created the lower and appeals court systemand appeals court system

District courts are the lowest federal District courts are the lowest federal courts.courts.

There are 94 district courts across the There are 94 district courts across the U.S., including Philadelphia.U.S., including Philadelphia.

They have original jurisdiction, call They have original jurisdiction, call witnesses & the jury decides the facts of witnesses & the jury decides the facts of the case.the case.

The Courts of AppealsThe Courts of Appeals There are 12 U.S. courts of appeals who There are 12 U.S. courts of appeals who

handle the appeals from the district courts.handle the appeals from the district courts.

The appeals courts are also called The appeals courts are also called circuit circuit courtscourts because the cover a large geographic because the cover a large geographic area.area.

There is no jury or witnesses and no evidence There is no jury or witnesses and no evidence is examined here because the lawyers argue is examined here because the lawyers argue their clients’ arguments before the judges.their clients’ arguments before the judges.

These courts do not decide the verdict but These courts do not decide the verdict but only whether or not the original trial was fair.only whether or not the original trial was fair.

The U.S. Supreme CourtThe U.S. Supreme Court

Final Court of Final Court of Appeals for all of Appeals for all of the states & the the states & the federal courtsfederal courts

Highest court in Highest court in the federal court the federal court systemsystem

The Special Federal CourtsThe Special Federal Courts

Federal Claims CourtFederal Claims Court: made up of 16 : made up of 16 judges appointed by the President to hear judges appointed by the President to hear cases in which individuals/groups sue the cases in which individuals/groups sue the Federal Gov’t for damagesFederal Gov’t for damages

Court of Military AppealsCourt of Military Appeals: these courts : these courts function to punish those in each of the function to punish those in each of the branches of the armed services for branches of the armed services for wrongdoing (these courts are special and wrongdoing (these courts are special and NOT a part of the federal court system)NOT a part of the federal court system)

Special Courts Cont’d. . .Special Courts Cont’d. . .

Tax CourtTax Court: made up of 19 judges : made up of 19 judges appointed by the President who hear appointed by the President who hear all civil cases involving tax lawsall civil cases involving tax laws

Federal Court JudgesFederal Court Judges

Appointed by the Appointed by the President and President and confirmed by the confirmed by the SenateSenate

Settle individual Settle individual casescases

Define & clarify Define & clarify lawslaws

Impartial & fair to Impartial & fair to both partiesboth parties

10.3 The Supreme Court10.3 The Supreme Court

Marbury v. MadisonMarbury v. Madison (1803) (1803) establishes the power of judicial establishes the power of judicial reviewreview

Judicial reviewJudicial review allows the Supreme allows the Supreme Court to determine whether a law is Court to determine whether a law is constitutionalconstitutional

Meet the Justices of the Meet the Justices of the U.S. Supreme CourtU.S. Supreme Court

John Roberts, Chief John Roberts, Chief Justice (2005)Justice (2005)

John Paul StevensJohn Paul Stevens Anthony KennedyAnthony Kennedy David SouterDavid Souter Clarence ThomasClarence Thomas Antonin ScaliaAntonin Scalia Stephen BreyerStephen Breyer Ruth Bader GinsburgRuth Bader Ginsburg Samuel AlitoSamuel Alito

The Work of the Supreme CourtThe Work of the Supreme Court

Choosing casesChoosing cases--DocketDocket

Hearing argumentsHearing arguments--BriefsBriefs-Time limits-Time limits

Making a decisionMaking a decision-Majority vote-Majority vote

Writing Writing opinionsopinions: written statements that explain : written statements that explain the reasoning behind the justices’ decisionthe reasoning behind the justices’ decision-Majority: winning side (concurring)-Majority: winning side (concurring)-Dissenting: losing side-Dissenting: losing side

Deciding the Case. . .Deciding the Case. . .

Applying the lawApplying the law Review precedents Review precedents

(any similar (any similar decisions from past decisions from past cases)cases)

Reasoning behind Reasoning behind the lawthe law

Personal viewsPersonal views President’s President’s

influenceinfluence

A Changing Court. . .A Changing Court. . .

Judicial activismJudicial activism: : when judges take when judges take an active role in an active role in frequently frequently overturning laws overturning laws

ExamplesExamples

A Changing Court. . .A Changing Court. . .

Judicial restraintJudicial restraint: : when judges avoid when judges avoid overturning laws & overturning laws & leave policy leave policy making to the making to the other branches of other branches of gov’tgov’t

ExamplesExamples

The Future of the Supreme CourtThe Future of the Supreme Court

The Roberts CourtThe Roberts Court

Current casesCurrent cases

Debates about life Debates about life tenuretenure