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

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