Judicial Branch

Key aspects of Justice

-Fairness and impartiality: Treating everyone the same

-Equality: Equal chance regardless of wealth, etc.

-Deservedness: Giving each person their due

-Rule of Law: Upholding laws

-Accountability: Holding individuals responsible

The judicial branch was created in article ___ of the US constitution

3

How the Judicial branch gets checked

• Legislative: The court can declare unconstitutional

• Executive: President nominates judges

How the Judicial branch checks

Legislative: Senate confirms presidents nominations and can impeach

Executive: Court can declare presidential acts unconstitutional

US court system: Dual system

-Federal courts

-State courts

• Criminal case- charges an individual, violation of the law

• Civil case- resolves dispute

Participants in the Judicial System are called ____.

Litigants

Types of Litigans

-Prosecution (Lawyers in a criminal case)

-Plaintiff (Person involved in civil case)

-Defendant (Party being accused/charged of wrongdoing)

-Jury (12 citizens who decide the outcome of the trial)

-Judge (presides over hearings and listens to arguments of opposing parties)

Judicial system in order most to least powerful

supreme court, court of affairs, district court

Alan Page

former MN Supreme Court Justice and NFL Hall of Famer (MN Vikings)

Federal crime

a crime that is either made illegal by U.S. federal legislation or a crime that occurs on U.S. federal property.

Federal Court Structure, most to least powerful

• Supreme Court

• Federal District Courts

• U.S. Court of Appeals

What is jurisdiction

The authority of the courts to hear certain cases

Types of Federal Jurisdiction

1.) Original Jurisdiction: authority to hear a case for the first time

• Federal District Courts and the Supreme Court (in certain cases) have original jurisdiction.

2.) Appellate Jurisdiction: courts that hear reviews or appeals of decisions from the lower courts

• Federal Courts of Appeals and the Supreme Court have appellate jurisdiction

3.) Concurrent Jurisdiction: allows certain types of cases to be tried in either the federal or state courts

4.) Precedent: a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues.

District court (Type of federal court)

• 2nd most powerful court

• Every state has at least one;  more people = more district courts (CA has 4, MN has 1)

• Have original jurisdiction ONLY – no appellate jurisdiction

• Judges serve for life – appointed by President of U.S. and confirmed by Senate

• Can only be removed by impeachment with a guilty verdict

U.S. Courts of Appeal (Type of federal court)

• Least powerful federal court

• Decide appeals from U.S. district courts 

• 12 U.S. Court of Appeals

  • States are divided into circuits, or geographic judicial districts (not every state has one)

  • Have appellate jurisdiction ONLY  (May only review cases already decided by a lower court)

  • Panel of 3 judges decide cases in the Courts of Appeals

  • Judges serve for life – nominated by President and confirmed by Senate

U.S. Supreme Court (Type of federal court)

• Highest court in the federal judicial system

• Has both original and appellate jurisdiction

• 90% of cases are appeals from lower federal courts

• Current size – 8 associate justices and 1 chief justice

• Justices serve for “life” or until they retire

Chief justice of the supreme court

• John Roberts, Jr.

Associate justices of the supreme court

• AMY CONEY BARRETT

• NEIL GORSUCH

• CLARENCE THOMAS

• BRETT KAVANAUGH

• SAMUEL A. ALITO, JR.

• SONIA SOTOMAYOR

• ELENA KAGAN

• KETANJI BROWN JACKSON

What are the qualifications for being a US Supreme Court justice?

No qualifications

When making appointments, presidents often consider:

• Party affiliation

• Judicial philosophy 

• Race, gender, religion, region

• Judicial experience

• “litmus test”

• Acceptability

Senatorial courtesy

• allowing senators from president’s party who represents the state with the vacancy to approve or disapprove nominees

Almost all federal judges have (NOT NECESSARILY REQUIRED)

• Had legal training

• Held positions in government

• Served as lawyers for leading law firms

• Served as federal district attorney

• Served as law school professors

 first African American Male Supreme Court Justice

Thurgood Marshall

First white female supreme court Justice

Sandra Day O’Connor

First woman of color, the first Hispanic, and the first Latina to the Supreme Court

Justice Sonia Sotomayor

First African American Female Justice

Ketanji Brown Jackson 

Marbury v. Madison

established the principle of judicial review - the power to review a case and declare a law unconstitutional.

When is the Supreme Court in session?

Session begins on the first Monday in October and generally lasts until June or July of the following year

How does the Supreme Court accept a case to review?

• rule of four

  • Four of the nine justices must agree to hear the case

• Many of the cases accepted may be disposed of in brief orders

  • Returned to the lower court for reconsideration because of a related case which was recently decided 

Many denied because

1.) Justices agree with the lower court decision

2.) Justices believe the case does not involve a significant point of law

Not many cases are actually heard

Cases presented to the Supreme Court may be presented through

1.) Writ of Certiorari – an order by the Court (when petitioned) directing a lower court to send up records of a case for review

2.) Certificate – a lower court asks the Supreme Court about a rule of law or procedures in specific cases

Once a case reaches the Supreme Court, lawyers for each party file a written _____.

Breif

What is a brief

A detailed statement of the facts of the case supporting a particular position by presenting arguments based on relevant facts and citations from previous cases

Oral arguments allow both sides to present their positions to the justices during a ___ minute period.

30

Supreme Court decisions are explained in a written statement called an _____.

Opinion

If voting with the majority, the ____ _____ selects who will write the opinion

Cheif Justice

If voting with the minority, the most _____ ______ _____ of the majority selects who will write the opinion.

Senior Associate Justice

3 Types of Opinions:

1.) Majority Opinion – opinion agreed upon by a majority of the justices

2.) Concurring Opinion – written by a justice or justices who agree with the majority opinion, but not with the reasoning behind the decision

3.) Dissenting Opinion – written by a justices or justices who disagree with the majority opinion

Majority opinions become ________.

precedent: Standards or guides to be followed in deciding similar cases in the future

Senatorial Courtesy

allowing senators from president’s party who represents the state with the vacancy to approve or disapprove nominees

Due to large # of appointments, the _______ ___ _______ and the ____ ____ _____ handle most of these nominations

Department of justice, White House staff

Judicial Activism

The court should play a more active role in creating national policies and answering questions of conflict in society

Judicial Restraint

The court should operate strictly within the limits of the Constitution and only answer questions if a clear violation of the Constitution is present. Policy making should be left up to the executive and legislative branches.

Which of the 5 cases we’ve studied is this?

Students wore armbands as a form of symbolic protest against the Vietnam War.

Tinker v. Des Moines School District 

-1st amendment (students' freedom of speech protections guaranteed by the First Amendment)

Which of the 5 cases we’ve studied is this?

A teacher walks into a locker room and smells smoke. 2 girls were taken to the principal’s office, and their bags. Cigarettes, pipes, marijuana, etc., were found, and a list that says who owes them.

 New Jersey v TLO

-4th amendment (unreasonable search or seizure)

Which of the 5 cases we’ve studied is this?

A girl is complaining that people were praying at a football game, and making her uncomfortable, although it was led by a student.

 Santa Fe School District v Doe

-1st amendment (Freedom of speech)

Which of the 5 cases we’ve studied is this?

The school conducts random drug tests on athletes, since there has been talk about it.

Vernonia School District v Acton

-4th amendment

Which of the 5 cases we’ve studied is this?

There was a food fight in the cafeteria, and there was property damage. The school did not hear from the students about an argument, and all students were suspended.

Goss v Lopez

-5th amendment

-14th amendment

DUE PROCESS