The Judicial Branch. I. The Structure of the Judicial Branch: *U.S. Supreme Court

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1 I. The Structure f the Judicial Branch: The judicial pwer f the United States, shall be vested in ne Supreme Curt, and in such inferir curts as the Cngress may frm time t time rdain and establish. The judges, bth f the supreme and inferir curts, shall hld their ffices during gd behaviur, and shall, at stated times, receive fr their services, a cmpensatin, which shall nt be diminished during their cntinuance in ffice. - Article III, Sectin 1 f the United States Cnstitutin *U.S. Supreme Curt curt f last resrt mst appeals cme frm the Curt f Appeals currently 8 assciate justices and chief justice judicial review-declare act uncnstitutinal abut 6,000 cases apply/yr., nly abut 100 get full decisin

2 Federal Appellate Curts *U.S. Curt f Appeals set in 12 districts r circuits; usually 3 judge panels hear appeals frm district curts set up t lessen wrklad f Supreme Curt have appellate jurisdictin des nt always mean a trial abut 400,000 cases/yr. U.S. Curt f Appeals fr Federal Circuit natinwide jurisdictin civil cases mstly patents, trademarks, cpyrights U.S. Curt f Fr the Armed Frces trials f service persns (curt martials) Federal Trial Curts and Other Federal Curts *U.S. (Federal) District Curts federal trial curts; currently 94 curts at least ne per state plus D.C. and Puert Ric 2 judges per curt have riginal jurisdictin hear 80% f federal cases(abut 300,000/yr.) Curts f the District f Clumbia handles all cases fr the natin s capital U.S. Tax Curt disputes between taxpayers and the IRS U.S. Claims Curt public fficials can be sued here Gvernment can be sued in sme cases apprved by Cngress U.S. Curt f Veterans Appeals U.S. Curt f Internatinal Trade civil cases (invlve mney r prperty) freign business dealings cvered here Military Curts Territrial Curts set up like federal district curts in U.S. territries II. Selecting Justices/Judges Step 1: Presidential Appintment The Attrney General presents a list f candidates t the President. The President cnsults advisrs and narrws the candidates t a select few. The FBI des backgrund checks and ABA ranks candidates. Finally, the President makes a final decisin and appints the Justice (Supreme Curt) r Judge (Federal Curt). Step 2: Senate Cnfirmatin The Senate Judiciary Cmmittee hlds hearings t investigate and discver the qualificatins f the nminee. After a time f testimny frm the nminee and witnesses, the cmmittee vtes n whether t reprt the nminee t the full Senate. If the nminee is reprted favrably t the Senate, the Senate debates and vtes n the cnfirmatin f the nminee. Nminees must receive a majrity vte t be cnfirmed.

3 III. Terms and Cmpensatin Terms fr a Supreme Curt Justice and fr a Federal Judge are fr Life. They may be impeached and remved like any ther fficials fr high crimes and misdemeanrs. Federal judges make $192,600 and their pay cannt be lessened during their term. If retire after 65 and have served 15 yrs. they get full pay fr life. Justices Prfiles and Trivia Mst are attrneys r state judges when appinted Jhn Jay 1 st Chief Justice William H. Taft Chief Justice and frmer President Thurgd Marshall - 1 st minrity/african-american (1967) Sandra Day O Cnnr - 1 st wman (1981) Snia Stmayr - 1 st Hispanic (2009) IV.The Pwers f the Judicial Branch: The judicial pwer shall extend t all cases, in law and equity, arising under this Cnstitutin, the laws f the United States, and treaties made, r which shall be made, under their authrity - Article III, Sectin 2 f the United States Cnstitutin 1. Interpret the Cnstitutin 2. Interpret Natinal, State, and Lcal Laws 3. Review all acts and laws t determine the cnstitutinality f the law 4. Apply the Cnstitutin t individual cases 5. Decide cases invlving states rights 6. Higher curts have appellate jurisdictin ver lwer curts Judicial Review In Marbury v. Madisn, the Supreme Curt claimed the pwer t review acts f Cngress and the president and deem them uncnstitutinal, creating a precedent fr an American prcess f judicial review. Thrugh the decisin f Chief Justice Jhn Marshall, then, the curt defined it s the pwers that have gverned ne f the primary rles f the judicial branch. "It is emphatically the prvince and duty f the judicial department t say what the law is." Chief Justice Jhn Marshall, in Marbury v. Madisn, 1803 The impact f the establishment f the principle f judicial review has allwed the judicial branch t be able t fully check and balance the pwers f the Cngress, the president, and the state gvernments.

4 V. Jurisdictin f the Judicial Branch: The differences between federal and state curts are defined mainly by jurisdictin. Jurisdictin the right r authrity f a curt t hear a case. Federal Jurisdictin: Federal curt jurisdictin is limited t the types f cases listed in the Cnstitutin and specifically prvided fr by Cngress. These cases invlve the U.S. Gvernment, the U.S. Cnstitutin r ther federal laws. Fr the mst part, federal curts nly hear: Cases in which the United States is a party, such as Scial Security claims r federal tax vilatins. Cases invlving vilatins f the U.S. Cnstitutin r federal laws (under federal-questin jurisdictin) Federal crimes including bank rbbery, drug cases, guns, r kidnapping. Civil cases, such as laws prhibiting emplyment discriminatin, r laws regulating securities trading r cmpetitin (anti-trust). Cases invlving interstate cmmerce r interstate criminal activity. A cntrversy arising ut f a vilatin f a prtectin guaranteed by the Bill f Rights. A cntrversy between tw states. A case invlving freign gvernments such as internatinal trade r freign treaties. Cases between tw parties nt frm the same state r cuntry if the amunt in cntrversy exceeds $75,000 (under diversity jurisdictin) Bankruptcy, cpyright, patent, Native American, and maritime law cases State Jurisdictin: State curts have brad jurisdictin, s the cases individual citizens are mst likely t be invlved. A cntrversy arising ut f the state cnstitutin r ther state laws. A crime that is a vilatin f state law. Mst criminal activity falls in this categry, such as rbbery, assault, murder, and many drug-related crimes. A case in which the state is a party, such as state tax vilatins. Mst real estate cases, malpractice, persnal injury cases, and cntract disputes. All family, divrce, custdy, inheritance and prbate cases. Mst traffic and juvenile cases. In sme cases, bth federal and state curts have jurisdictin. This allws parties t chse whether t g t state curt r t federal curt. Types f Jurisdictin: 1. Original the right t hear a case fr the first time. Jurisdictinal levels: 1. Federal 2. State 3. Lcal

5 2. Appellate the right t hear a case n appeal; law has been applied unfairly r incrrectly. 3. Exclusive assigned by Cnstitutin; nly federal curts can hear; includes cases invlving natinal laws, the federal gvernment r ther gvernments (State r Freign) 4. Cncurrent cases that can be decided in state r federal curts The American Legal System Surces f Law 1. Cnstitutinal Law cases based n vilatins f the US Cnstitutin r state cnstitutins. 2. Statutry Laws (statutes) laws that are written by Cngress, state legislatures and ther lawmaking bdies. 3. Cmmn Law rigin f stare decisis ( let the decisin stand ); past rulings that are used t make decisins Types f Law 1. Criminal Law cases that invlve individuals cmmitting crimes 2. Civil Law cases that invlve individuals filing claims against ther individuals r businesses regarding mney r prperty 3. Public Law cncerns the relatinship between the gvernment and citizens 4. Private Law deals with disputes between individuals, businesses r ther rganizatins VI.The Prcess f a Case t and thrugh the Supreme Curt: Prcess t the Supreme Curt Step 1: Trial in the U.S. Federal District Curt An individual must file a lawsuit in a lcal, state, r federal curt that claims their Cnstitutinal rights have been vilated. a. The Federal District Curt has riginal jurisdictin in mst federal cases. b. A trial will be held with a Federal Judge and pssibly a Jury, depending n the case, where the evidence will be presented and legal arguments will be cnsidered frm each side befre a decisin is made. c. If bth parties t the claim agree with the decisin, the case is cncluded. If either party t the case des nt agree, they file an appeal t a higher curt. Step 2: Appeal in the U.S. Curt f Appeals An individual that disagrees with the decisin in the Federal District Curt may appeal t the Curt f Appeals which has appellate jurisdictin in federal cases. a. The Curt f Appeals, als knwn as Federal Circuit Curts, is a curt with a panel f 3 judges and n jury. b. Parties file briefs t the curt, arguing why the trial curt s decisin shuld be affirmed r reversed. After the briefs are filed, the curt will schedule ral argument in which the lawyers cme befre the curt t make their arguments and answer the judges questins. c. Once a panel rules n a case, they issue and publish the pinin. Step 3: Appeal in the U.S. Supreme Curt

6 Prcess thrugh the Supreme Curt Step 1: Submit an Appeal t the Supreme Curt Lawyers submit a petitin fr a writ f certirari (Latin: t be infrmed f) requesting the Curt t review a case n appeal. The petitin includes a histry f the case, the basic facts, and the imprtant legal issues that the case presents. The petitin is the dcument the Curt will read in rder t decide whether t hear a case. Step 2: The Appeal is Granted The Justices vte n the merits f the case. Fur Justices must agree t grant the appeal (The Rule f Fur). If they decide t hear a case, they will issue a writ f certirari, r rder t the lwer curt instructing them t send the case files t the Supreme Curt. If the writ is nt granted, the lwer curt s pinin stands. What types f cases des the Supreme Curt select t hear? Certirari is nt ften granted; the Supreme Curt receives abut 10,000 petitins each year and less than 1% (abut 80) f appeals t the high curt are actually heard by it. The Supreme Curt usually chses cases based n ne f fur criteria: 1. A Cnflict f Law: a case when there are cnflicting decisins acrss the cuntry n a particular issue. 2. An Imprtant Case t the Natin: a case presents an issue f natinal r scial imprtance. 3. A Disregard fr Precedence: a case when the lwer curts have blatantly disregarded a past Supreme Curt decisin. 4. An Egregius Errr: a case when the lwer curts have made a majr errr in judgment that needs t be crrected. Step 3: Briefs are Submitted Once the appeal has been granted the legal cunsel fr bth sides submit a Merit Brief summarizing the facts f the case as well as the legal reasning behind their arguments. In additin, Amicus Curaie (friend f the curt) Briefs may be filed by a persn r grup wh is nt a party t the case, but has a strng interest in the matter with the intent f influencing the curt's decisin. Step 4: Oral Arguments are Given Oral arguments are an pprtunity fr the Justices t ask questins directly f the attrneys representing the parties t the case, and fr the attrneys t highlight arguments that they view as particularly imprtant. Arguments are generally scheduled n Mnday, Tuesday and Wednesday mrnings and are almst always limited t 7 sittings at 30 minutes fr each side. Step 5: The Case is Decided The Justices meet in a private cnference, clsed even t staff, t discuss the cases and t take a preliminary vte n each case. After the case is decided, a majrity pinin is issued detailing the decisin f the curt. One Justice is chsen t write the majrity pinin fr the curt. The ther Justices may als write pinins giving their thughts n the decisin f the case. Cncurring pinins are written by Justices that agree with the decisin fr different reasns. Justices that disagree with the decisin may write dissenting pinins. The decisin f the Supreme Curt is final and frms a precedent that becmes the standard f rule fr future cases and prvides guidance fr enfrcing laws.

7 Judicial Philsphies in Making Decisins: Judicial Activism judges' wn philsphies r plicy preferences are used t determine what is "just," nt necessarily what is intended by law. In the area f cnstitutinal law, the judicial activist views the U.S. Cnstitutin as a living, dynamic dcument which must necessarily be interpreted t meet the needs f mdern times. Judicial activism believes that judges assume a rle as independent plicy makers r independent "trustees" n behalf f sciety that ges beynd their traditinal rle as interpreters f the Cnstitutin and laws. Case examples where judicial activism was used in making the decisin even if it verturned current laws. Brwn v Bard f Educatin (Separate but Equal/Civil Rights), Re v. Wade (Abrtin) and Obergefell v. Hdges (Marriage as a Right) Judicial Restraint judges' wn philsphies r plicy preferences shuld nt be injected int the law by making plicies that shuld be made by the elected "plitical" branches f the Federal s lng as they stay within the limits f their pwers as defined by the US Cnstitutin. Judicial restraint believes that judges limit their rle as interpreters f the Cnstitutin and laws. Case examples where judicial restraint was used in making the decisin. Gregg v Gergia (Death Penalty)