American Government- Judicial Branch

Constitutional Law (Fundamental Law)

Based on the constitution, supreme law of the land

Statutory Law (state and local)

Laws enacted by legislatures

Administrative law (executive branch rules)

Regulations created by administrative agencies (FAA, DNR)

Common Law (ROE v WADE)

Law developed through court decisions (precedents), Created by judges, laws created by judicial branch

Federalist #78

• The judiciary is the weakest branch of government

• Has no power over the purse or the sword

• Does not control wealth nor has the power to enforce their decisions

• Life tenure

• Keeps the judges from being overpowered by the legislative and executive branches

• To avoid the weight of public opinion since they do not have to answer to voters

Supreme Court

1. 9 justices

2. Can start and/or appeal

3. Highest

   1. APPELLATE + ORIGINAL JURISDICTION

Court of appeals

1. 7-12 judges

2. 12 districts

3. No trial

4. Presentations

   1. APPELLATE JURISDICTION

District courts

1. 1-20 judges

2. 94 districts

3. Witnesses and juries

   1. ORIGINAL JURISDICTION

Original jurisdiction

courts power to hear a case first

Appellate jurisdiction

power to review decisions made by lower courts

Exclusive jurisdiction

only one court has the power to hear case

Concurrent jurisdiction

multiple courts can hear the case

Politics of federal judicial appointments:

Presidents often select judges who align with their political ideology

Traditions of the SCOTUS:

Lifetime appointments, black robes, ceremonial functions

Selection of federal judges:

Nominated by the president and confirmed by the senate

Strict constructionism:

Interpreting the constitution based on its original meaning

Loose constructionism:

Interpreting the constitution in a more flexible manner, considering current contexts

Judicial activism:

Judges make bold policy decisions, even creating new constitutional rights

Judicial restraint:

Judges defer to the elected branches unless there’s a clearer constitutional violation

Bork

strict - limit the judges legitimate authority 

Tribe

loose - disadvantages outweigh advantages “too vague”

State Supreme Court

• - highest state court 

• 7 justices

• 10-year term

Court of appeals

intermediate appellate courts

• 4 appellate districts in state

• 6 year term

Circuit courts

general trial courts

• 69 districts in WI/1 judge each

• 6 year term

Municipal courts

low level traffic, past curfew

4 year term

Federal level

appointed justices

State level

elected justices

Criteria for WSC to accept a case:

1. Concern a significant constitutional question

2. Develop, clarify, or harmonize existing laws

3. Involve issues that have not been decided by the court before

4. Have statewide importance

5. Present a question of law that will reoccur unless resolved by court

6. Resulted in conflicting decisions in the lower courts

7. Ripe for reexamination due to changing times/circumstances

Judicial Review

Power to declare laws or executive actions unconstitutional.

Precedents

Decisions set precedents for future cases, shaping the legal system.

District Court

1

Appellate Court

2

review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly

Writ of Certiorari

3

1. Discretionary docket

2. 4+ judges approve (rule of 4)

3. Order from SCOTUS to lower court to prepare and document

Written Briefs

4

1. Essay argument

2. Legal precedent 

3. Original appellees

Amicus Briefs

5

1. Interest group submits a brief

Oral Argument

6

1. Appellees argue case

2. Lawyers v justices

3. Gives justices opportunity to ask questions

Conference

7

1. Court meets in closed session to discuss case

2. Assign opinion writing

Written Opinions

8

1. Majority: opinion of court

2. Dissenting: one/all of majority explaining why majority was wrong

3. Concurring: member of voting plurality - agrees with outcome but cites different precedent