Article IIIThe United States Judicial Branch of

Government

“…the least dangerous branch of government…”

Alexander Hamilton

Precedent

A ruling that sets guidelines for future similar cases

Jurisdiction

1. Define: a court’s right to hear a case

2. Original jurisdiction (aka: trial court)a. First time a case is heardb. Establishes facts of

case/determines innocence or guilt

3. Appellate jurisdictiona. Higher court that reviews trial court

decisions b. Does NOT retry the case; only determines if 1. Original proceedings were fair 2. Law was correctly applied

Three Levels of Federal Court System

Trial court (aka District Court) 89 Federal District Courts nation wide

that are divided into 12 regions (circuits) Over 600 judges preside over these courts.

Appellate court (aka Court of Appeals)

13 courts; 179 judges

Supreme Court (aka Court of Final Appeal)

9 justices

The Federal Court System

The Judiciary Act of 1789

Established the federal court system by dividing the country into federal judicial districts, creating district courts and courts of appeals

Federal Judges 1. Appointed by president

a. Advisors recommend candidates b. Professional background c. Political/social views d. Collegiate career

2. Confirmed by Senate

a. Judiciary cmte. holds hearingsb. Professional

background c. Political/social views d. Simple majority vote

3. Life termsa. Deathb. Resignation/retirement c. Impeachment

Federal Court Hierarchy

Supreme Court1Chief Justice

8 Associate Justices Life $208,100 &$199,200

US Courts of Appeals13 Courts

179 JudgesLife $159,000

US District Courts89 Courts 678 Judges

Life $159,000

The Legal Process

What is the design of the system?

State Courts

Appeals Court

State Supreme

Special Courts

Court of Appeals

District Courts

U.S. Supreme

Court

Our Supreme Court

Scalia

Ginsburg

AlitoBreyer

Kennedy

Roberts

Thomas

Sotomayor

Kagan

Supreme Court Info… Calendar Term: Meets on the first Monday

in October and ends in June They meet for 2 week sessions to hear cases and

then retire to chambers to deliberate.

Original Jurisdiction 1. State govt v state govt 2. Foreign rep a party in a case

Appellate Jurisdiction 1. Must deal with federal or

constitutional issue 2. Must impact a majority of citizens

Supreme Court Info… “Rule of Four”—four of the nine justices

must agree to hear the indv case out of the 1000s of cases appealed to them. Writ of Certiorari----directs lower court to send

up record of the case for review. Case is on the docket (aka a court’s

schedule or calendar) Briefs are submitted—written summary of each

lawyer’s side of the case Justices study lower court proceedings and

briefs Oral arguments

1. Each side gets 30 mins to argue

2. Justices get to ask questions

4. Deliberations

a. CJ summarizes case and main points b. Group discussion, each presents views c. Justices vote—simple majority “wins”

5. Opinions issued a. Define: written statement explaining ruling

and reasons for reaching that decision b. Majority opinion: “winning”

decision, sets precedent c. Concurring opinion:

agree with majority opinion but for different reasons d. Dissenting opinion (aka minority opinion):

disagree with majority opinion

United States Supreme Court

A. Judicial Review 1. Define: Power to overturn

any Act of Congress or executive action the Court deems unconstitutional

2. Is it in the Constitution? Not specifically stated; however, the Constitution says the Court shall “interpret the law”

3. Established by Marbury v Madison (1803)

a. Facts of the case: Marbury appointed to federal

judgeship by outgoing Pres John Adams.

New Pres TJ tells Sec State Madison NOT to deliver letter of appointment (Marbury can’t take his new job)

Marbury sued in USSC citing right to do so in Fed Jud Act of 1789

b. Justices considered both facts of case and law in question

c. USSC issued opinion:

Marbury was legally appointed as fed judge and Sec State Madison should deliver letter BUT the part of the Fed Jud Act of 1789 that said the USSC would hear this type of case is unconstitutional.

The Constitution lists specific type cases the USSC has original jurisdiction over. This was not one of them.

SO, because that part of law was unconstitutional, Marbury shouldn’t have sued in USSC and USSC doesn’t have authority to make Madison deliver the letter.

d. Precedent set: THE CONSTITUTION IS WHAT THE SUPREME COURT SAYS IT IS

First time Court interpreted the Constitution to the extent of declaring part of a law unconstitutional.

This put the Jud Branch on equal footing with Leg and Exec branches because the Court has the power to declare acts of the others unconstitutional.

***The US STILL has arguments over this issue!! Many people recognize this as constitutional, but many others say the Constitution is black and white and NOT subject to anyone’s interpretation—including the USSC

Factors influencing the Court 1. Constitution—fundamental law of US 2. Precedent—are there past similar cases

3. Intent—of the Constitution and law(s) in question

4. Social values—what is the current view of

most Americans (will of the people) 5. Personal judicial philosophy—to what

extent should justices become involved in setting policy

Checks on the Court

1. Executive: pres appoints conservative or liberal justices/judges depending on his beliefs

2. Legislative: Senate confirms appointees based on its majority’s beliefs

3. Amendment process: a. How is this a check? USSC makes decision people REALLY don’t like. People persuade Congress to propose a constitutional amendment. If ratified by the states, it nullifies the USSC decision.