Judicial BranchJudicial BranchChapter 8Chapter 8

Sections 1, 2, 3, and 4Sections 1, 2, 3, and 4

Judicial BranchJudicial Branch Article III of Article III of

ConstitutionConstitution

Interprets LawsInterprets Laws

Start at the bottom Start at the bottom and work your way up and work your way up through appealsthrough appeals

Appeal- request to Appeal- request to rehear or retry a caserehear or retry a case

Supreme Court

Court of Appeals

District Courts

Federal Courts VideoFederal Courts Video

District CourtsDistrict Courts The federal courts where trials beginThe federal courts where trials begin

DescriptionDescription Determining the facts of the caseDetermining the facts of the case Decide guilt or innocenceDecide guilt or innocence Only courts where witnesses testify, Only courts where witnesses testify,

juries hear cases, reach verdictsjuries hear cases, reach verdicts

District CourtsDistrict Courts

JurisdictionJurisdiction Original Jurisdiction: hear cases for the Original Jurisdiction: hear cases for the

first timefirst time

Number:Number: 94 Total Courts94 Total Courts Each state has at least oneEach state has at least one

NC has 3 (Western, Central, and Eastern)NC has 3 (Western, Central, and Eastern) Meets year roundMeets year round

District CourtDistrict Court

Judges:Judges:

1 Judge reviews each case1 Judge reviews each case

President appoints, Senate approvesPresident appoints, Senate approves

Term: LIFE (die in office or retire)Term: LIFE (die in office or retire)

Can be removed by impeachmentCan be removed by impeachment

District CourtsDistrict Courts

Magistrate:Magistrate: Issues court ordersIssues court orders Hears preliminary Hears preliminary

evidenceevidence Decides bailDecides bail Hears minor casesHears minor cases

US Attorney:US Attorney: Gov’t lawyersGov’t lawyers

Marshal:Marshal: Makes arrestMakes arrest Collects finesCollects fines Takes convicted Takes convicted

people to prisonpeople to prison Protects jurorsProtects jurors Keeps orderKeeps order Serves legal Serves legal

paperspapers Others:Others:

Clerks, secretaries, Clerks, secretaries, court reporters, court reporters, probation officersprobation officers

Appeals CourtsAppeals Courts Review decisions made in lower Review decisions made in lower

district courtsdistrict courts

DescriptionDescription Do not decide guilt or innocence, only if Do not decide guilt or innocence, only if

there was a fair trialthere was a fair trial Do not hold trials, no witnesses, juries, Do not hold trials, no witnesses, juries,

etc.etc. Do not hear all cases- if they do not hear Do not hear all cases- if they do not hear

it the lower court decision standsit the lower court decision stands

Appeals CourtsAppeals Courts

JurisdictionJurisdiction Appellate jurisdiction: Authority to hear a Appellate jurisdiction: Authority to hear a

case appealed from a lower courtcase appealed from a lower court

NumberNumber 1212 Each is over a “circuit”- geographical Each is over a “circuit”- geographical

areaarea NC is in the 4NC is in the 4thth Circuit Circuit Meets year roundMeets year round

Appeals CourtsAppeals Courts

Judges:Judges:

3 Judges review each case (majority 3 Judges review each case (majority rules)rules)

President appoints, Senate approvesPresident appoints, Senate approves

Term: LIFE (die in office or retire)Term: LIFE (die in office or retire)

Can be removed by impeachmentCan be removed by impeachment

Appeals CourtAppeals Court

Possible rulings:Possible rulings: Uphold the original decisionUphold the original decision Reverse the original decisionsReverse the original decisions Remand the case- sending it back to the Remand the case- sending it back to the

lower courts to be tried againlower courts to be tried again

Writes an opinion regarding the rulingWrites an opinion regarding the ruling Opinion- statement detailing why they Opinion- statement detailing why they

voted the way they did voted the way they did

Supreme Court VideoSupreme Court Video

Supreme CourtSupreme Court

Reviews decisions made in lower Reviews decisions made in lower district and appeals courtsdistrict and appeals courts

DescriptionDescription Does not decide guilt or innocence, only Does not decide guilt or innocence, only

whether laws are constitutionalwhether laws are constitutional Does not hold trials, no witnesses, juries, Does not hold trials, no witnesses, juries,

etc.etc. Does not hear all cases- if they do not Does not hear all cases- if they do not

hear it the lower court decision standshear it the lower court decision stands Final decision on any caseFinal decision on any case

Supreme CourtSupreme Court

Jurisdiction:Jurisdiction: Original and AppellateOriginal and Appellate

Number:Number: 11 Term begins in October and usually Term begins in October and usually

meets for 8 monthsmeets for 8 months

Supreme CourtSupreme Court JudgesJudges

Known as “Justices”Known as “Justices”

9 Justices9 Justices 1 Chief Justice, 8 Associate Justices1 Chief Justice, 8 Associate Justices

President appoints, Senate approvesPresident appoints, Senate approves

Term: LIFE (die in office or retire)Term: LIFE (die in office or retire)

Can be removed by impeachmentCan be removed by impeachment

Supreme CourtSupreme Court Docket- court calendar that all court Docket- court calendar that all court

cases are placed oncases are placed on 2004- nearly 7,200 cases were appealed to 2004- nearly 7,200 cases were appealed to

the Supreme Court but it only heard 74 casesthe Supreme Court but it only heard 74 cases Written Arguments- briefs are written Written Arguments- briefs are written

documents prepared by lawyers documents prepared by lawyers explaining their side of the caseexplaining their side of the case

Oral Arguments- lawyers from each side Oral Arguments- lawyers from each side get 30 minutes in front of Justices to get 30 minutes in front of Justices to summarize their casesummarize their case

Conference- private meetings of Justices Conference- private meetings of Justices in which they decide on the casein which they decide on the case

Supreme CourtSupreme Court Majority Opinion- presents views of the Majority Opinion- presents views of the

majority of Justices on the case (winning majority of Justices on the case (winning opinion)opinion)

Concurring Opinion- may be written by a Concurring Opinion- may be written by a Justice who agrees with the majority Justice who agrees with the majority opinion, but for a different reasonopinion, but for a different reason

Dissenting Opinion- written by Justices Dissenting Opinion- written by Justices explaining why they oppose the majority explaining why they oppose the majority opinionopinion

Unanimous Opinion- all Justices vote the Unanimous Opinion- all Justices vote the same waysame way

Supreme Court Justices VideoSupreme Court Justices Video

Current Supreme CourtCurrent Supreme CourtJohn RobertsJohn Roberts

(Chief Justice)(Chief Justice)Since 2005Since 2005

George W. George W. BushBush

Elena KaganElena Kagan Since 2010Since 2010

Barack ObamaBarack Obama

Antonin ScaliaAntonin Scalia Since 1986Since 1986

Ronald ReaganRonald Reagan

Supreme CourtSupreme CourtAnthony Anthony KennedyKennedy

Since 1988Since 1988

Ronald ReaganRonald Reagan

Clarence Clarence ThomasThomas

Since 1991Since 1991

George H.W. George H.W. BushBush

Ruth Bader Ruth Bader GinsburgGinsburg

Since 1993Since 1993

Bill ClintonBill Clinton

Supreme CourtSupreme CourtStephen BreyerStephen Breyer Since 1994Since 1994

Bill ClintonBill Clinton

Samuel AlitoSamuel Alito Since 2006Since 2006

George W. George W. BushBush

Sonia Sonia SotomayerSotomayer

Since 2009Since 2009

Barack ObamaBarack Obama