Chapter 18Chapter 18The Judicial BranchThe Judicial Branch

National JudiciaryNational Judiciary

►During the Articles of Confederation, there During the Articles of Confederation, there were no national courts and no national were no national courts and no national judiciary systemjudiciary system

► Court systems ignored each otherCourt systems ignored each other► States took care of their problems how they States took care of their problems how they

saw fitsaw fit►Hamilton saw a need for a national judiciary Hamilton saw a need for a national judiciary ► Found in Article IIIFound in Article III► Establishes one court – the Supreme CourtEstablishes one court – the Supreme Court

National JudiciaryNational Judiciary

►StructureStructure►Supreme Court on top with 120 Supreme Court on top with 120

inferior courtsinferior courts below it below it►2 types of inferior courts2 types of inferior courts► Constitutional courtsConstitutional courts► Special courtsSpecial courts►50 States have own system of courts50 States have own system of courts

TermsTerms

►JurisdictionJurisdiction – the authority of a court – the authority of a court to hear a caseto hear a case share power to hear a case with State share power to hear a case with State

courtscourts first court to hear the casefirst court to hear the case

Types of federal court jurisdictionsTypes of federal court jurisdictions Exclusive jurisdictionExclusive jurisdiction – cases that can be – cases that can be

heard only in federal courtsheard only in federal courts► Ex: case involving an ambassador or Ex: case involving an ambassador or

foreign officialforeign official Concurrent jurisdiction –Concurrent jurisdiction – cases that may be cases that may be

tried in either a federal court or a State courttried in either a federal court or a State court► Ex: cases involving citizens of Ex: cases involving citizens of

different different statesstates Original jurisdictionOriginal jurisdiction – A court in which a case – A court in which a case

is first heard.is first heard. Appellate jurisdiction Appellate jurisdiction – court that hears a – court that hears a

case on appeal from a lower court.case on appeal from a lower court.► Can be uphold, overrule, or modify decisions Can be uphold, overrule, or modify decisions

Federal or State???Federal or State???►1. Mississippi sues Tennessee for 1. Mississippi sues Tennessee for

polluting their river….polluting their river….►2. mailing of illegal substances….2. mailing of illegal substances….►3. vandalizing a high school….3. vandalizing a high school….►4. robbing a bank….4. robbing a bank….

Appointing Federal JudgesAppointing Federal Judges

► The President can name anyone to the federal The President can name anyone to the federal bench that the Senate will confirm.bench that the Senate will confirm.

► 2 things are looked at while deciding on an 2 things are looked at while deciding on an appointmentappointment

► Judicial RestraintJudicial Restraint – – look at original look at original intent of those who wrote the Constitution intent of those who wrote the Constitution and Precedent and Precedent

► Judicial ActivismJudicial Activism – – judge who will act judge who will act boldly – law should be interpreted and applied boldly – law should be interpreted and applied in the light of ongoing changes. in the light of ongoing changes.

TermsTerms

► Judges of the Constitutional Courts are Judges of the Constitutional Courts are appointed for life – until they retire, appointed for life – until they retire, resign, or dieresign, or die

► Judges of the Special Courts are not Judges of the Special Courts are not appointed for lifeappointed for life

►U.S. Court of Appeals – 15 yearsU.S. Court of Appeals – 15 years►Superior Courts – 4 yearsSuperior Courts – 4 years►District Court of Appeals – 8 yearsDistrict Court of Appeals – 8 years

Federal Court SystemFederal Court System

District Court (lowest federal court)District Court (lowest federal court)

►Structure Structure ►50 States divided into 94 federal 50 States divided into 94 federal

districtsdistricts►Each State from one/maybe more Each State from one/maybe more ►2 judges assigned to each district2 judges assigned to each district►Single judges / 3 judge panel in certain Single judges / 3 judge panel in certain

circumstancescircumstances

District Courts cont.District Courts cont.

►Jurisdiction Jurisdiction ►most have original jurisdictionmost have original jurisdiction► CriminalCriminal – a defendant is tried for committing – a defendant is tried for committing

some action that Congress, by law, considers to be some action that Congress, by law, considers to be a federal crimea federal crime Defendant and Prosecution Defendant and Prosecution

► CivilCivil – noncriminal matter– noncriminal matter Ex: terms of a contractEx: terms of a contract Plaintiff Plaintiff – person who files suit– person who files suit DefendantDefendant – the person whom the complaint is against. – the person whom the complaint is against.

Court of Appeals (middle court)Court of Appeals (middle court)

► StructureStructure► 13 courts of appeals with 12 judicial circuits 13 courts of appeals with 12 judicial circuits ► 179 circuit judges179 circuit judges► 1 Supreme Court justice is assigned to each 1 Supreme Court justice is assigned to each

districtdistrict► Ex: A circuit might cover 3 or 4 states, Ex: A circuit might cover 3 or 4 states,

composed of 12 judges and 1 Supreme composed of 12 judges and 1 Supreme Court justiceCourt justice

Court of Appeals Cont.Court of Appeals Cont.

►JurisdictionJurisdiction►only appellate jurisdiction only appellate jurisdiction ►hears cases on appeal from lower hears cases on appeal from lower

courtscourts►handle more than 55,000 cases a yearhandle more than 55,000 cases a year►decisions are final unless U.S. decisions are final unless U.S.

Supreme Court decides to hear caseSupreme Court decides to hear case

Supreme Court (highest)Supreme Court (highest)

►Supreme Court Supreme Court ►Made up of 1 Chief Justice and 8 Made up of 1 Chief Justice and 8

Associate JusticesAssociate Justices►Highest court in landHighest court in land► Judicial review – Marbury vs. MadisonJudicial review – Marbury vs. Madison

Supreme Court Cont.Supreme Court Cont.

►has both original and appellate has both original and appellate jurisdictionjurisdiction

►Original - Original - ► - those to which a state is a party - those to which a state is a party ► - those affecting ambassadors, - those affecting ambassadors,

consuls, and other public consuls, and other public ministersministers

►Appealing a Case to the Supreme Appealing a Case to the Supreme CourtCourt

►Step 1 – Federal District CourtStep 1 – Federal District Court►Step 2 – Federal Appeals Court Step 2 – Federal Appeals Court ►Step 3 – U.S. Supreme CourtStep 3 – U.S. Supreme Court

How the Supreme Court operates.How the Supreme Court operates.

►First Monday in October to June or JulyFirst Monday in October to June or July►Consider cases in 2 week cyclesConsider cases in 2 week cycles►A) Briefs – presented to justices before A) Briefs – presented to justices before

oral argumentsoral arguments►B) oral arguments – 2 weeksB) oral arguments – 2 weeks►C) Justices Conference – Wed/Fri – C) Justices Conference – Wed/Fri –

meet to discuss oral arguments; Chief meet to discuss oral arguments; Chief Justice presides Justice presides

OpinionsOpinions ►Majority OpinionMajority Opinion – – court’s opinion, either court’s opinion, either

assigned by Chief Justice to write or a senior assigned by Chief Justice to write or a senior associate justiceassociate justice

► Concurring Opinion Concurring Opinion - one or more of the - one or more of the justices who agree with the Court’s decision. justices who agree with the Court’s decision. They add or emphasize a point that was not They add or emphasize a point that was not made in the majority opinion.made in the majority opinion.

►Dissenting Opinion Dissenting Opinion - written by justices who - written by justices who do not agree with the Court’s majority opinion.do not agree with the Court’s majority opinion.

► PrecedentPrecedent - examples to be followed in - examples to be followed in similar cases as they arise in the lower courts similar cases as they arise in the lower courts or reach the Supreme Courtsor reach the Supreme Courts

Who creates the special courts?Who creates the special courts?

►by Congress hearing certain cases by Congress hearing certain cases involving the expressed powers of involving the expressed powers of CongressCongress

►a.k.a. – legislative courtsa.k.a. – legislative courts

Under what circumstances can an Under what circumstances can an American citizen sue the United American citizen sue the United

States?States?►The U.S. govt. cannot be sued by The U.S. govt. cannot be sued by

anyone, in any court, for any reason, anyone, in any court, for any reason, without its consent.without its consent.

►Govt. may be taken to court only in Govt. may be taken to court only in cases in which Congress declares that cases in which Congress declares that the U.S. is open to suit. the U.S. is open to suit.

►Ex: damages against federal govt. Ex: damages against federal govt.