The Judicial BranchThe Judicial Branch

Unit 4Unit 4

The creation ofThe creation ofThe Federal Court SystemThe Federal Court System

The The ConstitutionConstitution granted: granted: The Supreme Court The Supreme Court AppellateAppellate jurisdiction jurisdiction The Supreme Court The Supreme Court OriginalOriginal jurisdiction jurisdiction

over a select few issuesover a select few issues Congress the power to create lower courtsCongress the power to create lower courts

The The Judiciary Act of 1789Judiciary Act of 1789 created: created: The Federal Court SystemThe Federal Court System

Marbury vs. Madison (1803)Marbury vs. Madison (1803) gave: gave: The power of judicial reviewThe power of judicial review

The Federal Court SystemThe Federal Court System

The Federal Court SystemThe Federal Court System

Lower CourtsLower CourtsDistrict Courts:District Courts: Possess original jurisdiction over most Possess original jurisdiction over most

cases heard in the federal courtscases heard in the federal courts Will hear both criminal and civil casesWill hear both criminal and civil cases Only federal court to use juriesOnly federal court to use juries 94 district courts in the U.S.94 district courts in the U.S.

Courts of Appeals:Courts of Appeals: Possess appellate jurisdictionPossess appellate jurisdiction 13 courts in the U.S.13 courts in the U.S.

Special CourtsSpecial Courts

Court of Federal ClaimsCourt of Federal Claims Territorial courtsTerritorial courts Court of Appeals for the Armed Court of Appeals for the Armed

ForcesForces Court of Appeals for Veterans Court of Appeals for Veterans

ClaimsClaims U.S. Tax CourtU.S. Tax Court

Marbury vs. MadisonMarbury vs. Madison

Issue?Issue?

RulingRuling::

1.1. Supreme Court cannot stop Supreme Court cannot stop JeffersonJefferson

2.2. Supreme Court gives itself the Supreme Court gives itself the power of power of Judicial ReviewJudicial Review

“It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.

So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of  these conflicting rules governs the case. This is of the very essence of judicial duty.

If then the courts are to regard the constitution; and the constitution is superior to any ordinary act of the legislature; the constitution, and not such ordinary act, must govern the case to which they both apply.

Federal District JurisdictionFederal District Jurisdiction

Original jurisdiction Original jurisdiction Any interpretation or application of the U.S. Any interpretation or application of the U.S.

Constitution, federal law, or treatyConstitution, federal law, or treaty Any question of maritime lawAny question of maritime law A case involving The United States, a U.S. A case involving The United States, a U.S.

official, or U.S. agencyofficial, or U.S. agency Disputes between U.S. citizens of different Disputes between U.S. citizens of different

statesstates Civil suits under federal lawCivil suits under federal law

Civil Law v. Criminal Law

Criminal Law Offense against

Society.

Punishment: Jail, fine, or death.

Burden of Proof: “Beyond a

reasonable doubt (98%-99%).”

Civil Law Offense against an

individual or organization.

Punishment: No jail. Just

reimbursement for loss

Burden of Proof: “Preponderance of

the evidence (50%+)”

Supreme Court JurisdictionSupreme Court Jurisdiction

Original jurisdiction Original jurisdiction A case involving a foreign diplomatA case involving a foreign diplomat Disputes between states Disputes between states Disputes between the U.S. and a stateDisputes between the U.S. and a state Disputes between U.S. citizens of different Disputes between U.S. citizens of different

statesstates

JudgesJudges

Appointed by the President and Appointed by the President and approved by the Senateapproved by the Senate

Constitutional Court judges serve Constitutional Court judges serve a life terma life term

Special Court judges have term Special Court judges have term limitslimits

Judges can only be removed if Judges can only be removed if they retire, die, or are impeached they retire, die, or are impeached by the Senateby the Senate

QualificationsQualifications

FormalFormal: Constitution…noneInformalInformal: Competence Ideology Political rewards Political pressure Religion Race/ethnicity/gender

Nomination processNomination process

1. FBI background check2. ABA approval3. Senate Judiciary Committee

investigation4. Senate Judiciary Committee hearing5. Senate Judiciary Committee vote6. Senate vote for approval

The Supreme CourtThe Supreme Court Consists of 9 justices Consists of 9 justices The final authority over all legal The final authority over all legal

questions in the U.S.questions in the U.S.

Supreme Court’s processSupreme Court’s process1.1. The case is decided in either the State The case is decided in either the State

Supreme courts or a lower Federal courtSupreme courts or a lower Federal court

2.2. Either side in a case requests a Either side in a case requests a writ of writ of certioraricertiorari (an order by the Supreme Court (an order by the Supreme Court to the lower courts to send up all info to the lower courts to send up all info regarding the case) regarding the case)

3.3. The Supreme Court will:The Supreme Court will: Act on Act on stare decisisstare decisis Send the case back to the lower-court for Send the case back to the lower-court for

reconsiderationreconsideration Act on the Act on the Rule of 4Rule of 4

Supreme Court’s processSupreme Court’s process

4.4. Briefs are filed by the lawyersBriefs are filed by the lawyers1.1. Amicus CuriaeAmicus Curiae briefs are filed briefs are filed

5.5. Oral arguments are made by Oral arguments are made by lawyers for both sides lawyers for both sides

6.6. The justices meet in a closed The justices meet in a closed conference to discuss and debate conference to discuss and debate the case (a majority vote decides the case (a majority vote decides the case) the case)

Supreme Court’s decisionSupreme Court’s decision

When the opinion of the court is reached a When the opinion of the court is reached a justice in the majority opinion is assigned to justice in the majority opinion is assigned to write write The Majority OpinionThe Majority Opinion

The majority opinion is based on The majority opinion is based on precedenceprecedence and will become precedence and will become precedence for future casesfor future cases

Concurring opinionsConcurring opinions can be written by can be written by justices who agree with the majority in justices who agree with the majority in order to add emphasisorder to add emphasis

Justices who disagree with the majority Justices who disagree with the majority opinion can write a opinion can write a Dissenting opinionsDissenting opinions (important incase the Supreme court (important incase the Supreme court reverses its own opinion in the future)reverses its own opinion in the future)