Transcript The Judicial Branch - River Valley High School Social

The Judicial Branch
Foundations of the Judicial
Branch
Article III
• Establishes Judicial Branch
• Creates the Supreme Court
– Cannot be changed by Congress
• Gives Congress the power to create the
lower courts (the inferior courts)
State and Federal Courts
• Our system has both state and federal
courts
– Example of Federalism
• State Courts deal with violations of state
laws and constitutions
• Federal Courts deal with violations of
federal laws and the U.S. Constitution
How judges are chosen
• Nominated by the President
• Confirmed by the Senate
• Remain in office for life or good behavior
– Can be impeached
• Founders chose this method instead of
election so that judges would not have to
listen to public opinion.
Selection Criteria
• Experience
• Party Affiliation
– (90% of the same party)
• Ideology (beliefs)
• Race and Gender
• Senatorial Courtesy – for district judges
– The practice of seeking the advice and
consent of Senators who serve that state.
Jurisdiction
• Jurisdiction is the right or authority of a
court to hear a case and interpret the law.
• In other words…
– What cases can they decide?
– Can be geographical
– Can be based on law
Types of Jurisdiction
• Original Jurisdiction – where a case is first
heard
• Appellate Jurisdiction – when a case is
heard on appeal to a higher court
The Judicial Branch
The Federal Court System
Three Levels of Courts
The District Courts
• 94 total
• At least one per state, also one for the US.
Territories
• Trial Courts, Civil or Criminal
U.S. Courts of Appeal
• 12 total
– 11 circuits throughout the states
– 1 additional in DC
• Hears mostly appeals
• Cases are not retried, no juries
• Must be grounds for appeal to higher cour
Supreme Court
• Only mandated court in the Constitution
• 9 justices
– 8 associate justices
– 1 chief justice
• Controls it’s caseload for appeals
– Discretionary – chooses its cases
• Original & appellate jurisdiction - in cases of
– Diplomats of other nations
– Disputes between states
– Disputes between a state and the federal government
OTHER COURTS
The Power of Judicial Review
Marbury v. Madison
Judicial Review
• The Power of the Courts to declare acts of
Congress or acts of the President
unconstitutional
• Power was intended by the Framers but
not exercised by the Court until Marbury v.
Madison
Marbury v. Madison (1803)
• 1800 controversial election
– Jefferson (Democratic-Republican) vs.
Adams (Federalist)
• The night before leaving office Adams
signed several judicial commissions that
had been confirmed by the Senate
• Jefferson ordered Madison (secretary of
state) to not deliver the commissions.
The Case
• Marbury hoped to force Jefferson to
deliver the Commission and appealed to
the Supreme Court.
• Argued the Judiciary Act of 1789 allows
him to take his case directly to the S.C.
• In a unanimous decision the Supreme
Court ruled the Judiciary Act
unconstitutional.
Why this is important…
• The case established the power of the
court to determine the constitutionality of
government actions.
– John Marshall (chief justice) wrote the opinion
– Marshall led the movement to strengthen the
power of the court.
• Assured the strength of the judicial branch
of government.
• Made it an equal player in the system of
checks and balances.
The Judicial Branch
The Supreme Court
The Justices from Left to Right
Standing: Sonia Sotomayor, Stephen Breyer, Samuel Alito, Jr., Elena
Kagan,
Sitting: Clarence Thomas, Antonin Scalia, John Roberts, Anthony Kennedy,
Ruth Bader Ginsburg
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John Roberts
Chief Justice of
the Supreme
Court
How the Court works
• Begins the first Monday in October
• Meet in Conference to choose appeals cases.
• Approximately 7,000 - 8,000 appeals cases request
to be heard.
– Justices choose cases
– Rule of Four – if four justices vote to hear a case it is
placed on the docket.
– Docket – the schedule of cases the court will hear.
• Cases can appeal from:
– The highest courts in the 50 states.
– The U.S. Courts of Appeals
• Cases of Original Jurisdiction are automatically
placed on the docket.
Cases on Appeal
• Those who are a party to the case and want to
take their case to the S.C. request a Writ of
Certiorari.
– A writ of certiorari is a court order to send the case up
from a lower court.
– Latin for “to be certain”
– If the court “grants cert” - case is placed on the
docket.
– If the court “denies cert” - lower court’s decision is left
standing.
• Some cases reach the S.C. by certificate
– When a lower court is unclear about the procedure or
law and want the S.C. to certify their decision.
The Case
• Each lawyer files a “brief”
– Written document that supports their case.
• Groups that may be affected by the case
but are not party to the case may file an
amicus curiae brief
– Means “friend of the court”
• Each lawyer then presents an “oral
argument”
– Limited to 30 minutes per side. When the red
light finishes the lawyers are done.
– Lawyers are interrupted by questions from
justices during this time
The Decision
• Justices return to private conference.
• Discuss the case and vote.
• Voting begins with the newest member
and ends with the Chief Justice.
• The Chief Justice or senior justice of the
majority opinion then chooses who will
write the majority opinion.
The Majority Opinion
• The Chief Justice or senior justice of the
majority chooses who will write the
majority opinion.
• The Majority Opinion reflects the views of
the majority of the court. It tells the
outcome of the case and the reason for
deciding it.
Other Opinions
• A justice may issue a concurring opinion
that agrees with the outcome of the case
but disagrees with the reasons stated in
the majority opinion.
• A justice may issue a dissenting opinion
that disagrees with the majority and
explains the reasons for the disagreement.
About the Decisions
• When making decisions the Supreme
Court relies on precedent:
– The way cases were decided by the court in
the past.
– Stare decisis - Latin for let the decision stand.
• Rarely the court will reverse its decision
– Example: Plessy vs. Ferguson and Brown v.
Board
• After decisions are made, they are
announced in the news media.
How the Supreme Court Makes Decisions
Types of Court Cases
Civil vs. Criminal
Criminal
Civil
• 5th and 6th amendment
• Occurs when an
individual has broken the
law.
• 7th amendment
• Relations between
individuals, when one
individual is taking
another to court
• Plaintiff – brings the
charges in a suit to the
court
• Defendant – Individual
who must defend against
the complaint.
• Prosecution – bring the
case to the court.
• Defendant – Individual
accused of the crime.
Criminal
Civil
• The Question: Court
must determine if the
defendant has
violated a law.
• The Standard:
Presumption of
Innocence – Innocent
until proven guilty
“beyond a reasonable
doubt.”
• The Question: The
court must determine
if one party caused
harm to another party.
• The Standard:
Preponderance of
Evidence. In order to
win the plaintiff must
prove his/her claims
are “most likely” true.
Criminal
Civil
• Punishment being
sought – jail time,
fines, house arrest,
death penalty
• Jury determines guilty
or innocence.
• Requires unanimous
agreement amongst
jurors.
• Punishment being
sought – damages in
the form of money.
• Jury determines
liability.
• Usually does not
require unanimous
agreement
Constitutional Cases
• Any case can become a constitutional
case if a constitutional question is
involved.
• This can allow cases to move to higher
courts such as the supreme court.