Chapter 8Chapter 8

The Judicial BranchThe Judicial Branch

Federal CourtsFederal Courts

3rd3rd branch of government branch of government use the law to use the law to settle disputes settle disputes between between

individuals & to individuals & to decide guilt or innocencedecide guilt or innocence interpret the meaning of the laws interpret the meaning of the laws final word final word on their on their implementationimplementation

Federal CourtsFederal Courts

Principles of the CourtsPrinciples of the Courts treat all people the same treat all people the same

regardless of wealth or social regardless of wealth or social statusstatus

all are all are innocent until proven innocent until proven guiltyguilty

Difficulties of justiceDifficulties of justice judges have personal judges have personal

prejudicesprejudices poor canpoor can’’t defend themselves t defend themselves

as well as the richas well as the rich

Levels of CourtsLevels of Courts Supreme Court Supreme Court ((highest highest court in country)court in country) Court of Appeals Court of Appeals (middle (middle level, level, listens to cases listens to cases

from the district courtfrom the district court)) District Courts District Courts ((lowest lowest level of the federal level of the federal

courts)courts)

Federal JurisdictionFederal Jurisdiction

1)1) Cases Cases involving the involving the ConstitutionConstitution

2)2) Violations of federal Violations of federal law (kidnapping, law (kidnapping, counterfeiting)counterfeiting)

3)3) ControversiesControversies betweenbetween the the statesstates

4)4) Disputes between Disputes between parties from different parties from different statesstates

Federal JurisdictionFederal Jurisdiction

5)5) Suits Suits involving the involving the federal governmentfederal government

6)6) Cases Cases involving foreign involving foreign governments governments and and treatiestreaties

7)7) Cases based on Cases based on admiralty and maritime admiralty and maritime lawslaws

8)8) Cases Cases involving United involving United States diplomats States diplomats

United States District CourtsUnited States District Courts Lowest levelLowest level of federal court of federal court

systemsystem 9494 districts in the United States districts in the United States Where Where trials and lawsuits trials and lawsuits

usually beginusually begin At least 1 district in every stateAt least 1 district in every state Have Have original jurisdictionoriginal jurisdiction-all -all

cases start herecases start here Use Use juriesjuries Listens to both Listens to both criminalcriminal and and

civil casescivil cases

U.S. Court of AppealsU.S. Court of Appeals

also called also called Federal Appeals Court, Federal Appeals Court, Circuit Courts, or Appellate CourtsCircuit Courts, or Appellate Courts

review decisions of lower courtsreview decisions of lower courts have have appellate jurisdictionappellate jurisdiction-right to -right to

hear cases from lower courtshear cases from lower courts

U.S. Court of AppealsU.S. Court of Appeals

Lawyers Lawyers can can appealappeal if if::

1)1) judge applied the law judge applied the law wrongwrong

2)2) used used wrong wrong proceduresprocedures

3)3) new evidence new evidence is foundis found

4)4) rights were violatedrights were violated

U.S. Court of AppealsU.S. Court of Appeals

12 districts in the USA 12 districts in the USA & & 1 federal 1 federal district for the whole nationdistrict for the whole nation

dondon’’t decide guilt or innocencet decide guilt or innocence, only , only ifif rights were violatedrights were violated

no juriesno juries cases cases heard by a panel of 3 judgesheard by a panel of 3 judges

U.S. Court of AppealsU.S. Court of Appeals

3 types of decisions:3 types of decisions:

1)1) reversereverse lower court lower court rulingruling

2)2) upholduphold lower court lower court rulingruling

3)3) remand the caseremand the case-send it back to -send it back to lower court for a new triallower court for a new trial

write opinion papers to explain write opinion papers to explain decisionsdecisions, used as a , used as a precedentprecedent in in the futurethe future

Number of Judges in Each CourtNumber of Judges in Each Court

District Courts-650, at least 2 District Courts-650, at least 2 in each districtin each district

Court of Appeals-6 to 28 per Court of Appeals-6 to 28 per circuitcircuit

Supreme Court-8 justices and Supreme Court-8 justices and 1 chief justice for a total of 9 1 chief justice for a total of 9

Selection and Tenure of JudgesSelection and Tenure of Judges

PresidentPresident appoints and appoints and SenateSenate approves approves (PASA)(PASA)

No official qualifications No official qualifications listed in the listed in the ConstitutionConstitution

Picked because they Picked because they share common ideals share common ideals with with the current the current PresidentPresident

Often follow Often follow senatorial courtesysenatorial courtesy-asking the -asking the opinion of the senators from a judges home opinion of the senators from a judges home state before getting the official nominationstate before getting the official nomination

Appointed for lifeAppointed for life on good behavior on good behavior May be impeached for illegal actions May be impeached for illegal actions

Other Court OfficialsOther Court Officials

Magistrate judgesMagistrate judges:: do do routine work routine work of the courtof the court issue court ordersissue court orders hear minor caseshear minor cases go through and make sure there is go through and make sure there is

enough evidence to justify a trialenough evidence to justify a trial

Other Court OfficialsOther Court Officials

District AttorneyDistrict Attorney:: PASAPASA serve serve 4 year terms4 year terms decides to decides to bring charges on behalf of bring charges on behalf of

the statethe state is the is the prosecutorprosecutor in a court of law in a court of law

Other Court OfficialsOther Court Officials

U.S. MarshalsU.S. Marshals:: PASAPASA makes arrests for makes arrests for

the courts, collects the courts, collects fines, and takes fines, and takes people to prisonpeople to prison

serve serve subpoenassubpoenas protects jurors, protects jurors,

witnesses, and witnesses, and judgesjudges

Other Court OfficialsOther Court Officials

clerksclerks secretariessecretaries court reporterscourt reporters probation officers probation officers

Supreme CourtSupreme Court Original jurisdiction in only 2 casesOriginal jurisdiction in only 2 cases

cases cases involving diplomats of foreign countriesinvolving diplomats of foreign countries cases cases involving more than 1 stateinvolving more than 1 state

Chooses the case it wants to hearChooses the case it wants to hear Final authority Final authority in all casesin all cases Made up of Made up of 8 justices and 1 Chief Justice8 justices and 1 Chief Justice

The JusticesThe Justices PASAPASA President gets help from the Attorney General, President gets help from the Attorney General,

Justice department, American Bar Association, Justice department, American Bar Association, and other Supreme Court justices when making a and other Supreme Court justices when making a nominationnomination

Always lawyers, though there is no formal Always lawyers, though there is no formal requirements in the Constitutionrequirements in the Constitution

The JusticesThe Justices All were white males All were white males

except the following:except the following: Thurgood Marshall-1st Thurgood Marshall-1st

African-American appointed African-American appointed in 1967in 1967

Sandra Day O’Connor -1st Sandra Day O’Connor -1st female on the courtfemale on the court

Clarence Thomas-2nd Clarence Thomas-2nd African-American, replaced African-American, replaced Thurgood MarshallThurgood Marshall

Ruth Ginsburg -2nd female Ruth Ginsburg -2nd female on the courton the court

These are people that These are people that usually share the same usually share the same views as the President views as the President who appointed themwho appointed them

Powers of the CourtPowers of the Court

Other Other 2 branches must follow 2 branches must follow the courts decisionsthe courts decisions

Has the power of Has the power of judicial judicial reviewreview - the ability to review - the ability to review federal and state laws to federal and state laws to decide if they agree with decide if they agree with Constitution, if not they are Constitution, if not they are nullifiednullified

Judicial review comes from the Judicial review comes from the court case of court case of Marbury v. Marbury v. MadisonMadison as decided by Chief as decided by Chief Justice John MarshallJustice John Marshall

Limits to Courts PowerLimits to Courts Power

Depends on the executive branch to carry Depends on the executive branch to carry out itout it’’s decisionss decisions

Congress can change laws to agree with Congress can change laws to agree with the Courtthe Court

May pass a Constitutional Amendment to May pass a Constitutional Amendment to change the Constitutionchange the Constitution

Judges may be impeachedJudges may be impeached Can only rule on cases that come to it Can only rule on cases that come to it

through lower courtsthrough lower courts Court can not give hypothetical adviceCourt can not give hypothetical advice

Court ProceduresCourt Procedures

Court is in session from October to JuneCourt is in session from October to June 1st two weeks [= Sittings] of each 1st two weeks [= Sittings] of each

month the court listens to arguments & month the court listens to arguments & opinions on casesopinions on cases

2nd two weeks [= Recess] of the month 2nd two weeks [= Recess] of the month they are in recess during which time they are in recess during which time they work on writing opinions and study they work on writing opinions and study upcoming & other casesupcoming & other cases

Court ProceduresCourt Procedures

Use the summer break to catch up Use the summer break to catch up on paper work and other minor legal on paper work and other minor legal mattersmatters

Most opinions come on Tues., Wed., Most opinions come on Tues., Wed., & 3& 3rdrd Mondays while in session Mondays while in session

May make decisions for lower courts May make decisions for lower courts when they are unsure on how to when they are unsure on how to apply the lawapply the law

Acceptance of CasesAcceptance of Cases

Justices Justices make lists of cases they make lists of cases they want to hearwant to hear

Once a week they meet to pick which Once a week they meet to pick which cases they want to hearcases they want to hear

4 out of 94 out of 9 must accept the case must accept the case

Acceptance of CasesAcceptance of Cases

If accepted, the case goes on the If accepted, the case goes on the docketdocket (official calendar) (official calendar)

Of 7000 cases a year only 200 or less Of 7000 cases a year only 200 or less are heardare heard

Pick cases with Pick cases with important important constitutional issuesconstitutional issues

Pick cases with Pick cases with legal not political legal not political issuesissues

Pick cases that Pick cases that affect the whole nation, affect the whole nation, not just individuals not just individuals

Steps to a Supreme Court CaseSteps to a Supreme Court Case

1)1) Written argumentsWritten arguments -each side -each side turns in a brief, explaining their turns in a brief, explaining their positions, which are studied by positions, which are studied by the justicesthe justices

2)2) Oral arguments Oral arguments -each side gets 30 -each side gets 30 minutes to present their case, minutes to present their case, followed by a question session led followed by a question session led by the justicesby the justices

Steps to a Supreme Court CaseSteps to a Supreme Court Case

3)3) ConferenceConference-meet on Fridays in -meet on Fridays in secret with no written records : 6 secret with no written records : 6 judges must be present, 5 are judges must be present, 5 are needed to make a decisionneeded to make a decision

Steps to a Supreme Court CaseSteps to a Supreme Court Case

4)4) Opinion writing-Opinion writing- once a decision is reached, a justice who once a decision is reached, a justice who

agrees with the majority will write a agrees with the majority will write a paper (paper (majority opinionmajority opinion) to explain the ) to explain the decision. This explains the precedent. decision. This explains the precedent.

Justices who disagree can write a Justices who disagree can write a dissenting opinion dissenting opinion to explain why. to explain why.

Sometimes you may also get a Sometimes you may also get a concurring opinionconcurring opinion -written by a justice -written by a justice who agrees with the majority but for who agrees with the majority but for different reasonsdifferent reasons

Steps to a Supreme Court CaseSteps to a Supreme Court Case

5)5) AnnouncementAnnouncement-public learns of the -public learns of the decision in a written release and on decision in a written release and on the webthe web

Reasons for Court DecisionsReasons for Court Decisions

The lawThe law: Try to be consistent with : Try to be consistent with previous precedentprevious precedent

Special conditionsSpecial conditions: changes in social : changes in social ideals or public opinionideals or public opinion

Legal viewsLegal views: some justices take an : some justices take an active viewactive view, try to actively change , try to actively change America, other are America, other are inactiveinactive, try to keep , try to keep the status quothe status quo

Personal beliefsPersonal beliefs: judges are human : judges are human with either liberal or conservative viewswith either liberal or conservative views