Judicial Branch

The Judicial Branch Overview

The Judicial Branch is one of the three branches of the United States government, along with the Legislative and Executive branches. Its structure varies between national and state governments, comprising federal and state judges.

Judicial Branch Structure

National Government

• Legislative Branch:

  • Senate: 100 members

  • House of Representatives: 435 members

• Executive Branch:

  • President and Bureaucracy

• Judicial Branch:

  • Federal Judges: Appointed by the President

California Government

• Part of the 50 state governments

  • California Senate: 40 members

  • California Assembly: 80 members

• Key Executive Positions:

  • Governor, Lieutenant Governor, Attorney General, Secretary of State, Controller, Treasurer

• Judicial Structure:

  • California Supreme Court & Appellate Courts: Appointed and subject to retention elections

  • Superior Court: Elected positions

Local Governance

• Los Angeles County: One of 58 counties in CA.

  • Board of Supervisors: 5 members, with quasi-judicial powers

• City of Los Angeles: One of 482 cities in CA.

  • City Council: 15 members, Mayor, and agencies with quasi-judicial powers (e.g., planning)

U.S. Legal System Purpose & Structure

• Objective: To adjudicate disputes fairly.

• Case Types: Include Criminal vs. Civil, State vs. Federal, and Trial vs. Appellate.

• Precedents: Legal decisions rely on established precedents (stare decisis).

Types of Legal Cases

Criminal Cases

• Categorizes individual conduct and classifies crimes.

• Prosecution by the government; outcomes must be proven beyond a reasonable doubt.

• Possible penalties include fines, community service, imprisonment, or death.

Civil Cases

• Involve non-criminal disputes, with plaintiffs claiming wrongs by individuals or governments.

• Proof standard is a preponderance of evidence; outcomes usually involve monetary damages or policy changes.

Resolution of Cases

• Most disputes settle prior to trial, often through plea bargains in criminal cases or settlements in civil cases.

U.S. Court System

Federal vs. State Jurisdiction

• Federal Courts: Limited jurisdiction, covering federal laws or disputes between states. Includes U.S. District Courts, U.S. Court of Appeals, U.S. Supreme Court.

• State Courts: General jurisdiction, handling a majority of cases, including state laws.

U.S. Courts of Appeals

• Comprise 12 regional circuit courts (including D.C.) and 1 federal circuit court, typically handled by a panel of three judges.

U.S. District Courts

• 94 courts throughout the U.S., DC, Puerto Rico, and territories; cases are usually adjudicated by a single judge.

Judicial Roles

Trial Courts

• Hear initial cases and apply laws based on facts and evidence; fact-finding includes witness testimony.

Appellate Courts

• Review trial court decisions, assessing law application without introducing new evidence; decisions based on written records and oral arguments.

Supreme Court Overview

• Highest appellate court, interpreting state and federal laws with nine justices. Decisions can significantly affect politics and law.

Federal Judges Selection

• Appointment Process: Appointed by the President with Senate confirmation.

• Criteria: Emphasizes legal expertise, character, and ideological alignment.

• Senatorial Courtesy: Senators can recommend candidates for district courts from their party.

• Recent appointments have faced heightened political scrutiny.

Conclusion

Understanding the structure and functions of the judicial branch is crucial for grasping legal processes in the U.S. and California. For further reading, see Governing California Chapter 7 for more insight.