Judicial Branch Unit 6

Define “Appoint”

To officially choose someone for a job or role

What does Article III of the Judicial Branch state?

“The Judicial Power of the US, shall be vested in one Supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish.”

What were the Judicial Branch Takeaways?

• Article III

• No requirements to be a judge

• Congress creates lower courts

• Serve for life, unless impeached

• Appointed by President (Confirmed by Congress)

What is the Dual Court System?

• Two separate systems (Federal judiciary, 50 state courts)

• State courts hear cases about state laws

• The Supreme Court can decide to hear appeals from the State Supreme Courts

What do kind of cases do Federal Courts handle?

• Federal Law

• Bankruptcy

• Treaties with foreign nations

• Admiralty and maritime law

• Foreign diplomats or governments

• 2 or more states

• The United States government

• Citizens of differing states

• A state and a citizen of a different state

• Land grant claims of different states

How many levels of courts is there in the Federal Judicial Branch?

3

How many District Courts are there?

94 District Courts

What is a District Court?

• Has a judge with or without a jury

• Tries cases involving federal crimes and federal civil proceedings

• Does not hear appeals

How many Appellate Courts are there?

12

What is an Appealate Court?

• 3 judges with no jury

• Hears appeals from US District Courts and certain other federal courts and commissions

What is the Supreme Court?

• Highest Court of the Land (9 Justices, No Jury)

• Selects what cases they want to hear

• Hears appeals from lower federal courts and the highest state courts

• Has limited Original Jurisdiction

Define “Independent”

Free from the control, influence, or support of others.

Define “Expand”

To become greater in size, number, or scope

How has the Marbury v. Madison case affected our government today?

• Prior to the Marshall Court, the Supreme Court had limited power.

• Marshall Court esablished Judicial Review through the cash

• Happened during 1803

• This case will establish the Supreme Court as being independent

What are the facts within the Marbury v. Madison case?

• President John Adams made several Federalist judicial appointments just before leaving office

• Newly appointed, Secretary of State, James Madison refused to deliver Marbury’s commission

• Narbury sued Madison in the Supreme Court tocompel the delivery of his commission

What were the questions in the Marbury v. Madison case?

• Did Marbury have a right to his commission?

• Can they sue for their commissions in court?

• Does the Supreme Court have the authority to order the delivery of their commissions?

What was the holding within the case of Marbury v. Madison?

• Madison’s refusal to deliver the commission was illegal

• The court held that the provision of the Judiciary Act of 1789 enabling Marbury to bring his claim to the Supreme Court was itself unconstitutional

• “Judicial Review” was established

How can the Judicial Branch check the other branches?

• Over the legislative branch- Declare laws unconstitutional

• OVer the executive branch- Declare executive actions unconstitutional

How can the other branches check the Judicial branch?

• Legislative branch- Can impeach and convict judges/justices, approve federal judges/justices

• Executive branch- Appoint federal/justices

Define “Proceedings”

An action where steps are taken to reach a decision

Define “Bankruptcy”

Having a debt you cannot repay

What is Jurisdiction?

The authority to hear a case

What are the types of jurisdiction?

• Original

• Appellate

• Exclusive

• Concurrent

• Federal Criminal

• Federal Civil

What is the Original Jurisdiction?

• Authority of the court to hear the case FIRST

• This court is determining guilt or innocence

• District Courts have Original Jurisdiction

• The Supreme Court has limited original jurisdiction (Constitution, Conflicts between states, Ambassadors)

What is the Appellate Jurisdiction?

• A court that hears a case appeal from a lower court

• Appellate Courts AND Supreme Court

• No new evidence is presented

• Authority to review decisions of trial courts

1. Substantive due process issue: Are laws fair?

2. Procedural due process issue: Did the government follow the correct steps during arrest/trial?

• If a procedural error is found, the case can be returned to lower court (remanded)

• Can also overturn decision from lower court

What is the Limited Jurisdiction?

• Courts that only have the authority to hear specific types of cases

• These are known as Article I courts on the federal level

• Terms of justices are limited (8-15 years)

What is the Exclusive Jurisdiction?

• A specific court has the sole legal authority to hear and decide a case (state courts cannot hear them)

• Determined by subject matter or parties involved

• Examples: Bankruptcy, Immigration, Copyright, Patents

What is the Concurrent Jurisdiction?

• Congress allows some cases to be heard in either Federal or State courts

1. Cases involving parties from different states

2. Legal matter violates both state and federal laws (Example: Drug trafficking)

What’s the differents between criminal and civil cases?

Criminal cases involve an instance where a law was broken meanwhile a civil case is meant to resolve arguments between people, businesses, or government bodies

What are Criminal Cases?

• Involved an instance where a law was broken

• Judgements are meant to punish those who have broken laws and deter future crimes.

• Examples: Murder, theft

What are Civil cases?

• Meant to resolve arguments between people, businesses, or government bodies

• Judgements compensate plaintiffs for the other parties wrongful actions

• Examples: Property disputes, lawsuits

Who handles federal criminal cases?

District Courts or Specialty Courts

List examples of federal crimes

• Bank Robbery

• Kidnapping

• Mail Fraud

• Terrorism

• Counterfeiting

Who handles federal civil cases?

District Courts

List examples that would result in a federal civil case

• Bankruptcy

• Public Land

• Tax Evasion

• Civil Rights Violations

• Discrimination Cases

Define “Remand”

To send something back

What is the Overview for the Path to the Supreme Court?

• More than 10,000 cases are appealed to the Supreme Court each year

1. Less than 80% of those are heard for a decision by the Supreme Court

• Supreme Court Year: First Day of October- June/July

How does the Supreme Court receive cases?

• Writ of Certionan (Latin for to be more certain): Supreme Court oders lower court to send record for review.

• By certificate: Lower court asks Supreme Court what rule of law should apply in a case

1. Lower court is unsure about the rule of law that should apply- Supreme Court would certify the question

• By Organation: State or diplomat involved

List the steps to decide a case

1. Request for a hearing

2. Acceptance of a case

3. Submitting briefs

4. Oral arguments

5. The conference

6. The opinions

Whats the first step to decide a case?

Request for a hearing

• Writ of certiorari for appeal

Whats the second step to decide a case?

Acceptant of a case

• “Rule of 4”

• 4 Supreme Court Justices must agree to hear a case

Whats the third step to decide a case?

Submitting Briefs

• Both sides submit a brief of their facts, and on precedent they may believe they have

• Special Interest groups can submit Amicus Briefs to provide additional information or a perspective on the case

Define “Brief”

Written document that outlines the legal arguments for a case to be heard or decided by a Supreme Court

Define “Amicus Briefs”

Friend of the Court

Whats the fourth step to decide a case?

Oral Arguments

• Lawyers from each side speak about the case

• Justices ask questions to clarify

• Oral arguments are open to the public

Whats the fifth step to decide a case?

The Conference

• Following oral arguments, justices discuss merits of the case behind closed doors

• Decision based on majority vote

Whats the sixth step to decide a case?

The Opinion

• Justices are assigned to write the majority and minority opinions of the court

• When all the opinions have been written and the justices have determined which opinion they will support, the decision is announced to the public.

Which opinion is the official opinion within a case?

Majority opinion

What is a majority opinion?

• At least 5 of the 9 justices

• When a unanimous decision is made, the Chief Justice will write the opinion

What is an concurring opinion?

Make a point not made or emphasized in majority-justice may take issue with the legal reasoning

What is a dissenting opinion?

Do not agree with majority

Define “Evolve”

To develop or grow

Define “Subsequent”

Something that follows something else

Define “Judicial Philosophy” and the different kinds of principles

A set of judge’s beliefs and principles that guide their interpretation of low and the Constitution

• Judicial pragmatism

• Judicial activism

• Judicial originalism

• Judicial restraint

Define “Judicial Pragmatism”

Emphasizes: Practical consequences, real-world effects of judicial decisions, NOT strict adherence to precedent or formal rules

• How will a ruling impact individuals and society?

Define “Judicial Activism”

Emphasizes: Judicial review to resolve important issues

• Justices are not elected (Can make controversial decisions without fear of losing office)

• Example: Brown v. Board of Education

Define “Judicial Originalism”

Emphasizes: “original public meaning” of the constitutional text

• What did the words and phrases mean to the people who adopted the Constitution?

Define “Judicial Restraint”

Emphasizes: Avoid ruliing on constitutional issues whenever possible

• When action’s needed, the Court should decide cases in as narrow a manner as possible.

• Example: Plessy v. Ferguson