Unit 3 Part 3:

The Judicial Branch

Ch 10

I. Purpose of Courts

A. Resolve legal disputes by applying the law to indv situations

1. Criminal law: the people vs an indv

2. Civil law: an indv vs an indv

***Please note that a legal indv does NOT have to be a human being. A legal indv can be an indv, a business, a corp, a govt agency.***

B. Major players

1. Criminal lawa. Prosecutor—represents the people

b. Defendant—indv accused of breaking law

2. Civil lawa. Plaintiff—indv who was wronged

b. Defendant—indv accused of wrongdoing

3. Judgea. Applies the law

b. Instructs the juryc. Keeps proceedings fair and

neutral d. May decide case if no jury

4. Jurya. Decides facts of case

b. Determines innocence or guilt

C. Precedent

A ruling that sets guidelines for future similar cases

D. 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

E. State courts

1. Deal with state laws

2. Three levels a. Trial courts b. Appellate courts (aka courts of appeal) c. State supreme court (aka court of final appeal)

3. Cases may be appealed to the USSC if a federal or constitutional issue is involved

F. Federal Courts

1. Original jurisdiction over federal issues a. Federal laws

b. Constitutional issuesc. Resident of one state v

resident of another state d. Treaties

e. Maritime issues f. Foreign govt is involved g. US govt is involved

2. Three levelsa. Trial court (aka District Court)

b. Appellate court (aka Court of Appeals) c. Supreme Court (aka Court of Final Appeal)

II. The Federal Court System

A. The Judiciary Act of 1789Established the federal court system

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

B. District Courts

1. 94 across the country and US territories a. 89 throughout the states according to population distribution b. 1 each in

1. D.C.2.

Puerto Rico 3. Guam 4. US Virgin Islands 5. Mariana Islands

2. Original jurisdiction over federal cases

3. Territory District Courts also have original jurisdiction over local cases

C. Courts of Appeals (aka Circuit Courts)

1. 13 across country

a. 12 hear appeals from district courts

b. 1 hears appeals from

1. Special courts like claims court, tax court, etc

2. Federal agencies like Office of Patents and Trademarks, Civil Service Commission, etc

D. Federal Judges

1. Appointed by presidenta. Advisors recommend

candidates b. Professional background

c. Political/social viewsd. Collegiate career

2. Confirmed by Senatea. Judiciary cmte holds

hearings b. Professional background c. Political/social views d. Simple majority vote

3. Life terms

a. Death b. Resignation/retirement c. Impeachment

4. Balance rights of indvidual vs common good

Quick Facts about Supreme Court

• Highest court in the United States• The last stop for appeals• Nine justices, all with life terms• Only hears about 150 cases per year out of the

6,000+ appeals• USSC has appellate jurisdiction (only can hear appealscases)

Why does the Supreme Court get so much attention?

• High profile cases!• The cases decided by SC act as precedents

(models for future cases)• Arm/Wristbands– 1969 – Tinker v. Des Moines (the precedent)– 2011 – ACLU v. Easton SD

Justices1. Appointed by president

a. Professional background b. Political/social views c. Experience

2. Confirmed by Senatea. Jud. committee holds

hearings b. Simple majority vote

3. Remember: President must pick a justice who will preserve his legacy!

The most important function of the Supreme Court: Judicial Review

1. Judicial Review: Power to overturn any Act of Congress or executive action the Court deems unconstitutional

2. Court can look at any law or court decision to overturn it with a majority vote (at least 5/9)

3. Established by Marbury v. Madison (1803)

C. A day in the life . . .

1. Calendara. Term: first Monday in October – end

of June

2. Case is on the docket (aka a court’s schedule or calendar)

a. Briefs are submitted—written summary of each lawyer’s side of the case – justices and clerks (assistants) read these

b. Justices study lower court proceedings and briefs – documents submitted from appellate courts

c. Oral arguments1. Each side gets 30 mins.

to argue 2. Justices get to ask questions

d. After arguments, justices meet to discuss the case and prepare to write opinions

5. Opinions issued a Opinion - written statement explaining ruling and reasons for reaching that decision a. Majority opinion: “winning” decision, sets precedent

b. Concurring opinion: agree with majority opinion but for different reasons c. Dissenting opinion (aka minority opinion):

disagree with majority opinion

D. 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

JUDICIAL PHILOSOPHY: How the judges interpret the laws in our country.

JUDICIAL ACTIVISM: the court looks at what is going on in society today; they craft their decisions to help improve peoples’ lives. Interpreted as 2011.

JUDICIAL RESTRAINT: The court avoids getting involved with society, looking to the legislative/exec. branch for assistance with society. They interpret the Constitution as it was written in 1787.

*NEITHER VIEW IS LIBERAL NOR CONSERVATIVE*

E. 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.