
SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary.
 a. Explain the jurisdiction of the Supreme
Court, federal courts and the state courts.
 c. Describe how the Supreme Court decides cases.
 d. Compare the philosophies of judicial activism and judicial restraint.


How has the judicial branch developed “coequal” powers to rival the legislative and executive branches?


Some Court Fundamentals

Criminal Case: a court case involving a crime, or violation of public order

Civil Case: a court case that involves a private dispute arising from such matters as accidents, contractual obligations, and divorce


Some Court Fundamentals

Most cases never go to trial

Plea Bargain: a defendant’s admission of guilt in exchange for a less severe punishment

Settle: parties to litigation resolve a dispute between themselves

Opinion: explanation justifying a judge’s ruling


Some Court Fundamentals

Federal court organization

U.S. District Court: a court within the lowest tier of the three-tiered federal court system; a court where litigation begins

U.S. Court of Appeals: a court within the second tier of the three-tiered federal court system, to which the decisions of the district courts ad federal agencies may be appealed for review

The Supreme Court: highest court


The U.S. District Courts

Sources of litigation

Federal criminal cases, as defined by national law

Civil cases brought by individuals, groups or the government, alleging violation of national law

Civil cases brought against the national government

Civil cases between citizens of different states when the amount in controversy exceeds $75,000


The U.S. Court of Appeals

Appellate Court Proceedings

Based strictly on rulings made and procedures followed in trial court

Usually convene in panels of 3 judges


The U.S. Court of Appeals

Uniformity of Law

Court of appeals harmonize decisions within their regions


The Supreme Court’s task: providing equal justice under law while making justice the guardian of liberty


Access to the Court

Sources of Supreme Court cases

Original Jurisdiction: the authority of a court to hear case before any other court does

Appellate Jurisdiction: is the authority of a court to hear cases that have been tried, decided, or reexamined in other courts


Access to the Court

Appellate litigation must satisfy two conditions

Case must have reached the end of the line in the state court system

Case must raise a federal question: an issue covered by the U.S. Constitution, national laws or U.S. treaties


Decision Making

Attorneys submit briefs; oral arguments may be heard
 conferences: chief justice presents cases and his vote, others discuss and vote


Decision Making

Judicial Restraint and Judicial Activism

Judicial Restraint: a judicial philosophy whereby judges adhere closely to statutes and precedents in reaching their decision

Judicial Activism: a judicial philosophy whereby judges interpret existing laws and precedents loosely and interject their own values in court decisions


Decision Making

Judgment and Argument

Judgment: the judicial decision in a court case

Argument: the heart of a judicial opinion; its logical content separated from facts, rhetoric and procedure

Opinions may be unanimous


Decision Making

The Opinion

Chief justice or most senior justice in the majority writes or assigns the majority opinion

Opinion writing is the justices’ most critical function

Opinion drafts are circulated and rewritten to accommodate colleagues


The Chief Justice

Important functions

Forms docket

Directs Court’s conferences

Can be a social leader

Can embody intellectual leadership


The Appointment of Federal Judges

Federal judges hold their commission for life


The Appointment of Federal Judges

The “Advice and Consent” of the Senate

Senate Judiciary Committee: conducts hearing for each judicial nominee