• Different Lower Courts
• Resolve legal disputes by applying the law to individual situations.
• Criminal law: the people vs an individual
• Civil law: an individual vs an individual
• Court of Appeals
• Resolve claims that a lower court made an error in judgement.
• Supreme Court
• Original Jurisdiction – They are the first court to hear a case.
• In the cases of foreign ambassadors or State vs. State
• Appellate Jurisdiction – They hear a case appealed from a Court of
Appeals.
• Determines whether a decision was Constitutional.
• Precedent
• A ruling that sets guidelines for future similar cases.
• Jurisdiction
• A court’s right to hear a case.
• For example, if a law in Arizona is broken, then the Arizona
courts have original jurisdiction. A California Court, a Court of
Appeals, or the Supreme Court cannot initially try the case.
• Original Jurisdiction – The first time a case is heard, decides guilt or
innocence.
• Appellate Jurisdiction – Higher Court that reviews the decision of a
lower court.
• Was the first trial fair and was the law correctly applied?
• Although Precedent plays a key role in decisions, some precedents may
be overturned.
• Plessy v. Ferguson (1896), the Supreme Court made the decision
that segregation was legal
• Coined the term “Separate but Equal” facilities.
• This was the Precedent that states used to justify their Segregation Laws.
• Brown v. Board of Education (1954), the Supreme Court overturn
Plessy v. Feguson, deeming “Separate but Equal” as Unconstitutional.
• The court rule unanimously (9-0) that “Separate but Equal” violated
the 14th Amendment, which guaranteed “Equal Protection” to everyone
regardless of race.
• Decisions are sometimes made in relation to national sentiment at the
time.
• Judges serve a LIFE TERM.
• Death
• Resignation
• Retirement
• Impeachment
• Who presides over a Judge
impeachment trial?
• Based on the concept of Judicial Review
• Judicial Review is the power to overturn acts of Congress or
Executive Orders found Unconstitutional.
• Articles III of the Constitution deals with the Judicial Branch.
• Constitution says the Court shall “interpret the law.”
• Judicial Review is established by the case Marbury v. Madison
• Types of Judges on the Supreme Court
• Chief Justice – Judge in Charge of the Court
• Associate Justice – The 8 other judges on the Court.
• President John Adams, a Federalist, lost the presidential election to
Thomas Jefferson in 1800.
• The Federalist party also lost control of Congress.
• Adams, wanting to control the Judicial Branch, appointed dozens of
Federalist judges on his way out the door.
• In order for the appointment to be official, an official letter had to be
delivered to the candidate notifying them of their selection, or their
Commission, by the Secretary of State.
• The new Secretary of State, James Madison, took office and was
instructed not to deliver the letter of appointment to Marbury, thus nullifying
his appointment.
• Marbury sued in the Supreme Court, citing the Federal Judiciary Act of
1789 giving the court the power to hear this case.
• Chief Justice John Marshall issued the following decision:
• Article III of the Constitution specifically notated which cases the
Supreme Court had original jurisdiction over.
• The Federal Judiciary Act of 1789 expanded those powers in a way
that was not intended by the Constitution.
• Therefore, the section of the FJA of 1789 granting the power to hear
the case and enforce the law was unconstitutional, so the Supreme
Court could not play a role in resolving the sitution.
• Marbury should have his appointment honored, but the court had NO
AUTHORITY to make the president follow through.
• This case is important as it set the role of the Supreme Court for the
rest of our countries history, up to and including today. This also gave
the court equal power to the Legislative and Executive Branches.
• Rule of Four
• Each year, 1000’s of cases are referred to the Supreme Court to be
heard.
• Four of the Nine justices have to agree to hear a case in order for the
case to be heard.
• The Docket
• A Docket is the court’s schedule or calendar.
• The list of court cases from the primary source activity was a Docket.
1. Briefs are Submitted
• These are written summaries of each lawyer’s side of the case.
2. Justices read and consider Briefs
3. Justices review all decisions made by lower courts.
4. Justices listen to Oral arguments.
• Each side has 30 minutes to argue their case.
• After arguments, Justices may ask questions as they see fit.
5. Justices retire and Deliberate (decide on the case.)
6. Opinions are issued.
• Opinions are very thorough essays (often dozens of pages long)
explaining the opinions of the Judge.
• There are three types of Opinions.
• Majority Opinion
• This is the “winning” decision, or the one that a majority of the
justices agree with.
• This decision sets the precedent for future cases.
•
Concurring Opinion
• Issued when a justice agrees with the majority opinion, but for
reasons other than what is written in the majority decision.
•
Dissenting Opinion OR Minority Opinion
• Disagrees wit the majority opinion and reasons why.
• The US Constitution
• Justices look at the Constitution and the Amendments to see what
was written about the issue at hand.
• Precedent
• Justices see if any previous lower court of Supreme Court decisions
have already decided a similar issue.
• Intent
• Justices try to determine what the original intent of the Constitution
or laws in question are.
• Personal Philosophy
• What is the judges personal feelings on the issue.
• Although the Judiciary is supposed to be impartial, many Justices
have a reputation for being “liberal” or “conservative”
• The Supreme Court, via Judicial Review, can
cancel the actions of the Legislative or Executive
branches.
• The Executive Branch has to appoint the judges
who make these decisions.
• The Legislative Branch has to approve the
appointments made by the Executive Branch.