Module 5 Judicial Branch

What is the only position referred to in the Constitution?

Chief Justice

How many Chief Justices have there been I our history?

17

Who was our first Chief Justice?

John Jay

Who was the 4th Chief Justice?

John Marshall

What were some changes Marshall made?

• Black robes

• The use of majority opinions

• More consensus

• Consistency

Martin V Hunters Lessee

• A loyalist who had their land seized during the revolution was trying to get it back

Court said that they could use judicial review to overturn/declare a states laws/decisions as unconstitutional

Betts v. Brady

Court ruled that the 6th amendment right to an attorney only applied to capital cases (20+ years or death penalty)

Gideon v. Wainwright

Overturned Betts v. Brady

Dickerson v. United States

Court ruled that it would be unconstitutional to overturn the Miranda v. Arizona court decision.

What is the job of the judicial branch

Settle conflicts that arise under federal law and interpret the law

Which article creates the Supreme Court?

Article III

What is the least dangerous branch?

Judicial → Supreme Court

What is the idea of the independent Judiciary

The Judicial branch should be free from undue outside influence

What is said about a Judges paycheck?

Once in office a judges paycheck can be raised but not reduced

Life terms

Judges will serve during time of good behavior → judges don’t have set terms

Jurisdiction

The power of a court to hear and decide a case

Original Jurisdiction

The power to hear and decide a case first

• Most often the trial courts of the federal system

• Look at the facts of the case

Appellate Jurisdiction

Hear cases on appeal that have been decided by a lower court

• Not generally focused on the facts

• Focuses on the law and procedures → determine whether civil liberties were protected

• Higher courts

Which jurisdiction does the Supreme Court mainly have?

Appellate

What are the 2 types of cases the Supreme Court can decide under original jurisdiction?

• Cases between 2 states

• When it involves a public minister or an ambassador

How does the Supreme Court decide cases with original jurisdiction?

Appoints a federal magistrate who listens to all evidence and testimonies to make recommendations to the Supreme Court.

What is the jurisdiction below the Supreme Court?

US Court of Appeals (Circuit Courts)

What jurisdiction does the Court of Appeals have

Only appellate jurisdiction

What courts have only original jurisdiction?

US District Courts

Who creates the inferior courts (constitutional courts)?

Congress

What are the inferior courts?

• District Courts

• Trial Courts of the judicial system

• Courts of Appeals

Geographic Jurisdiction

• Area in which the case arises affects which court is qualified to hear and decide the case.

• Where the decision applies.

What is the geographic jurisdiction of the Supreme Court?

The entire nation

How many judges preside over district court trials

One judge at a time

Senatorial Courtesy

• Tradition (not a law) related to the presidents nomination of district court judges

• Applies only to their nomination (not to appellate judges)

• Allows the president to work with the senators to nominate a judge when they’re of the same party as one or both of the senators

Writ of Certiaori

An order to the court that heard the case last to to send up all the records.

• An indication that the court is going to hear and decide the case

Amicus Curiae Brief

A document written by a group or individual who has a reason to be interested in the decision but is not directly involved.

Korematsu v. United States

Argued that executive order 9066 violated the right to due process.