Federal Courts=
Supreme Court
&
Lower Courts
Judicial Branch
Key Concepts
Over time, federal courts have had significantimpact on public policy
The appointment of federal judges is verypolitical
Checks and balances affect the federal courtsystem
State & Federal Courts
State Courts
Federal Courts
Each state has its own statecourt system that enforcesstate laws
MOST cases are heard bythe STATE courts
The federal (national) courtsystem consists of:
Supreme Court is thehighest court in thecountry (established by theConstitution)
Lower or “inferior” courts(established by Congress)
Organization of Federal Courts
Appointment of Federal Judges
What the Constitution SAYS…
No formal qualifications in the Constitution
Judges serve for life (or until they resign)
Nominated by the president and confirmedby the Senate
Appointment of Federal Judges
What the Constitution DOESN’T say…
President almost always chooses someonefrom their own party
Political ideology does effect the a judge’sview, however decisions are shaped by otherfactors
Facts of the case
Precedent
Lawyers’ arguments
Jurisdiction
Jurisdiction
=
when a court has theauthority to hear a case
Jurisdiction
Original Jurisdiction
Appellate Jurisdiction
The court that hears thecase FIRST has originaljurisdiction in the case
When a court hears a caseon appeal from a lowercourt, it has appellatejurisdiction.
Appeal = a lower courtmade a decision butwhoever “lost” the caseappeals the case to a highercourt
Organization of Federal Courts
How federal courts choose cases?
The Constitution gives federal courts jurisdiction overcertain cases
There are 5 basic criteria:
1.If a court has made a decision that conflicts with precedent
Precedent = examples to be followed in similar cases as theycome up in the lower courts or reach the Supreme Court
2.If a court comes up with a new question
3.If one court of appeals has made a decision that conflicts with another
4.If there are other inconsistencies between courts of different states
5.If there is a split decision in the lower court of appeals
How federal courts choose cases?
The Constitution gives federal courts jurisdiction overcertain cases
There are 5 basic criteria:
1.If a court has made a decision that conflicts with precedent
2.If a court comes up with a new question
3.If one court of appeals has made a decision that conflicts withanother
4.If there are other inconsistencies between courts of differentstates
5.If there is a split decision in the lower court of appeals
Organization of Federal Courts
The Supreme Court
Supreme Court Justices
Nine Supreme Court Justices
1 Chief Justice
8 Associate Justices
Constitution does not set the number of SCJustices
Congress determines the number of Justices
Ranged from 5-10 Justices throughout court’s history
Selection of SC Justices VERY political process
How cases reach the SC…
Supreme Court Cases
Each year…
Between 7,000 to 8,000 cases are appealed to the SC
SC decides fewer than 100 cases
Which cases…
Cases must meet the previously stated criteria
4 out of the 9 SC Justices must agree to hear the case
Once cases reach the SC…
1.Briefs (written arguments) are filed with the court
2.Lawyers get 30 minutes to present their case to the SCJustices
3.Justices meet in Conference
Conference takes place behind closed doors
Justices discuss the case in private
4.Justices vote to reach a decision
~1/3 of decisions are unanimous
Most decisions are divided
5.Justices write their opinions on the case
Opinions (Decision of the Court)
Majority Opinion – the final decision andstatement of the court
Concurring Opinion- an opinion that agreeswith the decision but uses different reasoning
Dissenting Opinion- minority opinion (has novalue but may be used for later appeals orreversals of precedent)
Checks and Balances
Checks on the Judicial Branch
Congress-
Senate approves President’s nominations,
impeach Justices,
change the number of Justices (giving thepresident more or fewer appointments),
revise legislation to undo SC decisions,
amending the Constitution can alter thejurisdiction of the court
Checks on the Judicial Branch
President-
nominates ALL federal judges, including SupremeCourt Justices
grants reprieves and pardons
Exit Slip
What is the judicialbranch’s role in USgovernment and USsociety?
How Well Do You Know the Court?
1.Name the nine justices currently on the Court.
2. Historically, the Court’s members have been Protestant. At various times therehas been discussion of the “Catholic seat” or the “Jewish seat” on the Court.
How many members of the current Court are Protestant? Catholic? Jewish?
3.TRUE or FALSE? In a typical term the Court decides more cases 5 to 4 than 9to 0.
4.Court watchers are typically hesitant to predict voting patterns among justicesbecause the labels of “liberal” and “conservative” are not always clear orconsistent and justices are not always in one “camp” or another. However,typically, which justices tend to be considered most “conservative”?
5. Which justices tend to be considered most “liberal”?
6.Which justice(s) tends to be considered a swing voter(s) – sometimes voting withliberals and sometimes voting with conservatives?
7.Approximately how many cases are appealed to the U.S. Supreme Court eachyear? Approximately how many are accepted for briefing and oral argument?Approximately what percent are accepted?
8.TRUE OR FALSE? When the Supreme Court decides not to hear a case (deniescertiorari) it is saying that it agrees with the lower court opinion and that the lowercourt decision should become a precedent.
9.Which court system generates most of the cases accepted by the U.S. SupremeCourt -- state or federal? Explain your answer.
10. TRUE or FALSE? Most experts who study the Court believe that the primaryreason the Court decides to hear a case is to correct a legal error made by acourt below.