The Judicial The Judicial BranchBranch

Constitutional GuardiansConstitutional Guardians

IntroductionIntroduction

Today, there are 51 court systems in the Today, there are 51 court systems in the US (one for each state & a separate US (one for each state & a separate federal system)federal system)

95% of all cases are heard in state court- 95% of all cases are heard in state court- only 5% make it to federal courtonly 5% make it to federal court

Under the Articles of Confederation, there Under the Articles of Confederation, there was no federal courtwas no federal court

The Constitution established the Supreme The Constitution established the Supreme Court and gave Congress the power to Court and gave Congress the power to create all other federal courtscreate all other federal courts

What is Jurisdiction?What is Jurisdiction?

Jurisdiction- the authority of a court to Jurisdiction- the authority of a court to hear a casehear a case

There are 4 types of jurisdiction:There are 4 types of jurisdiction: Exclusive- Exclusive- case can only be heard in a case can only be heard in a

particular courtparticular court Concurrent-Concurrent- state & federal courts could both state & federal courts could both

hear the casehear the case Original- Original- a court is the first to hear a casea court is the first to hear a case Appellate-Appellate- a court hears the case from a lower a court hears the case from a lower

court on an appealcourt on an appeal

Federal Courts can hear a case if:Federal Courts can hear a case if:

The subject matter deals with the Constitution, The subject matter deals with the Constitution, a treaty, or a law passed by Congressa treaty, or a law passed by Congress

The subject matter arising on the high seas or The subject matter arising on the high seas or navicable waters of the USnavicable waters of the US

US Gov’t officials are involvedUS Gov’t officials are involved An ambassador or foreign minister are An ambassador or foreign minister are

involvedinvolved A US citizen is suing a foreign gov’tA US citizen is suing a foreign gov’t One of the parties are from the same state One of the parties are from the same state

where both claim land in a different statewhere both claim land in a different state

Federal District CourtsFederal District Courts

Federal Trial Courts of original Federal Trial Courts of original jurisdiction hear both civil and criminal jurisdiction hear both civil and criminal casescases

District Courts handle 80% of all federal District Courts handle 80% of all federal cases (300,000 cases a year)cases (300,000 cases a year)

89 Federal District Courts nationwide 89 Federal District Courts nationwide that are divided into 12 regions (circuits)that are divided into 12 regions (circuits)

Over 600 judges preside over district Over 600 judges preside over district courtscourts

Federal Circuit CourtFederal Circuit Court

Created by Congress in 1891 to reduce the Created by Congress in 1891 to reduce the work load of the Supreme Courtwork load of the Supreme Court

Only has appellate jurisdictionOnly has appellate jurisdiction They hear 55,000 cases a yearThey hear 55,000 cases a year Usually hear appeals from District CourtsUsually hear appeals from District Courts 12 of these courts nationwide12 of these courts nationwide Approximately 180 judgesApproximately 180 judges Judges usually hear cases in panels of Judges usually hear cases in panels of

three (en banc)three (en banc)

Supreme CourtSupreme Court

Made up of a Chief Justice and 8 Made up of a Chief Justice and 8 Associate Justices (9 in total)Associate Justices (9 in total)

Sometimes called “court of last resort”Sometimes called “court of last resort” Has both original and appellate Has both original and appellate

jurisdiction, but almost always hears jurisdiction, but almost always hears cases on appealcases on appeal

7 to 8,000 cases appealed to Supreme 7 to 8,000 cases appealed to Supreme Court each year but they only hear a Court each year but they only hear a few hundredfew hundred

JudgesJudges The president appoints federal judges and the The president appoints federal judges and the

Senate confirms the appointmentsSenate confirms the appointments Most judges are leading attorneys, scholars, Most judges are leading attorneys, scholars,

professors, or state judgesprofessors, or state judges Terms:Terms:

Constitutional Court Judges- LifeConstitutional Court Judges- Life Special Court Judges- 15 yearsSpecial Court Judges- 15 years

Pay:Pay: Chief Justice $202,900Chief Justice $202,900 Associate Justices $194,200Associate Justices $194,200 Federal Circuit Court of Appeals judges $164,100Federal Circuit Court of Appeals judges $164,100 Federal District Court Judges $154,700Federal District Court Judges $154,700

More on the Supreme CourtMore on the Supreme Court

Cases arrive at the Supreme Court in Cases arrive at the Supreme Court in 2 ways2 ways From one of 50 State Supreme CourtsFrom one of 50 State Supreme Courts From one of the Circuit Courts of From one of the Circuit Courts of

AppealsAppeals Once a case has arrived on the Once a case has arrived on the

docket, the Court decides rather or docket, the Court decides rather or not to hear itnot to hear it

Hear or no Hear?Hear or no Hear?

At least four justices must agree to At least four justices must agree to hear a case before it is acceptedhear a case before it is accepted

Writ of Certiorari-Writ of Certiorari- directs lower court directs lower court to send up record of the case for to send up record of the case for review (appealing to the Supreme review (appealing to the Supreme court is asking for a writ of “cert”---court is asking for a writ of “cert”---most are denied)most are denied)

The Supreme Court will not usually The Supreme Court will not usually hear a case unless it raises some hear a case unless it raises some important Constitutional questionimportant Constitutional question

Court OperationCourt Operation

The Court considers cases in 2 week cycles The Court considers cases in 2 week cycles from October to Mayfrom October to May

Briefs are filed with the court that support Briefs are filed with the court that support each side of the caseeach side of the case

SometimesSometimes, the court hears oral arguments , the court hears oral arguments (each side gets 25 minutes to speak)(each side gets 25 minutes to speak)

Justices meet in conference on Wednesdays Justices meet in conference on Wednesdays and Fridays to consider casesand Fridays to consider cases

It usually takes months for the court to It usually takes months for the court to reach a decision (sometimes they speed up reach a decision (sometimes they speed up the process)the process)

Decision TimeDecision Time

A decision is made by majority voteA decision is made by majority vote 3 Opinions are written:3 Opinions are written:

Majority Opinion-Majority Opinion- The official written The official written opinion of the courtopinion of the court

Concurring Opinion-Concurring Opinion- A justice gives of A justice gives of different explanation of why he/she different explanation of why he/she agrees with the majorityagrees with the majority

Dissenting Opinion-Dissenting Opinion- Justice(s) give an Justice(s) give an explanation of why they disagree with explanation of why they disagree with the majoritythe majority

Influences on OpinionInfluences on Opinion

Judicial Activism-Judicial Activism- a judge uses his/her a judge uses his/her opinion to promote desirable social opinion to promote desirable social ends (ex. Civil Rights, social welfare)ends (ex. Civil Rights, social welfare)

Judicial Restraint-Judicial Restraint- a judge should a judge should defer his/her opinion to the actions of defer his/her opinion to the actions of other two branches (expect when other two branches (expect when actions are clearly unconstitutional)actions are clearly unconstitutional)

Who makes up the Supreme Who makes up the Supreme Court?Court?

There are 4 justices considered to be There are 4 justices considered to be conservatives on the Supreme Courtconservatives on the Supreme Court

From L to R- Chief Justice From L to R- Chief Justice John RobertsJohn Roberts (50 yrs (50 yrs old- appointed by GW Bush), and associate old- appointed by GW Bush), and associate justices justices Antonin ScaliaAntonin Scalia (66- Reagan) (66- Reagan)

Who, Part IIWho, Part II

From L to R-Associate Justices From L to R-Associate Justices Samual AlitoSamual Alito (55 yrs old- appointed (55 yrs old- appointed by GW Bush), and and by GW Bush), and and Clarence Clarence ThomasThomas (54- H.W. Bush) (54- H.W. Bush)

Who else?Who else?

There are 3 justices considered to be liberals on the There are 3 justices considered to be liberals on the Supreme CourtSupreme Court

From L to R- Associate Justices From L to R- Associate Justices John Paul StevensJohn Paul Stevens (82 yrs old- appointed by Ford), (82 yrs old- appointed by Ford), Stephen BreyerStephen Breyer (64- (64- Clinton) and Clinton) and Ruth Bader GinsburgRuth Bader Ginsburg (69- Clinton) (69- Clinton)

Who else, else?Who else, else?

There are 2 justices considered to be There are 2 justices considered to be swing votes on the Supreme Courtswing votes on the Supreme Court

From L to R- From L to R- Anthony KennedyAnthony Kennedy (66- (66- Reagan) and Reagan) and David SouterDavid Souter (63- H.W. Bush) (63- H.W. Bush)

What are Special Courts?What are Special Courts?

Special Courts-Special Courts- courts created by courts created by Congress to hear certain casesCongress to hear certain cases

8 of these have since been created8 of these have since been created

Some Special CourtsSome Special Courts

US Court of Federal Claims-US Court of Federal Claims- hears civil hears civil claims against the US Governmentclaims against the US Government

US Tax Court-US Tax Court- hears civil cases dealing hears civil cases dealing with taxeswith taxes

US Court of Int’l Trade-US Court of Int’l Trade- hears civil hears civil cases arising out of trade related lawscases arising out of trade related laws

Territorial Courts-Territorial Courts- Courts set up for US Courts set up for US Territories (Guam, Puerto Rico)Territories (Guam, Puerto Rico)

Some more Special CourtsSome more Special Courts Court of Appeals for Veterans Claims-Court of Appeals for Veterans Claims-

hears appeals from decisions made by hears appeals from decisions made by the Dept. of Veterans Affairsthe Dept. of Veterans Affairs

Court of Appeals for the Federal Circuit-Court of Appeals for the Federal Circuit- hears appeals from the Court of Int’l hears appeals from the Court of Int’l Trade, Court of Federal Claims, and Trade, Court of Federal Claims, and Court of Appeals for Veterans ClaimsCourt of Appeals for Veterans Claims

Military Court-Military Court- conducted by military conducted by military (court martial)(court martial)

Court of MilitaryCourt of Military Appeals-Appeals- hears appeals hears appeals from military court (civilian judges)from military court (civilian judges)