Government Chapter 11
The Judicial Branch
Judicial Branch
• Judicial Branch
– described in Article III of the Constitution.
– It contains all federal courts including the
Supreme Court.
– Purpose: interpret laws
Federal Courts
• Federal Courts
– courts that are established by the Constitution. They
include district and appeals courts.
• District Courts
– Federal courts with original jurisdiction. (they hear cases
for the first time)
• appeals courts
– Federal courts that have appellate jurisdiction. (they hear
cases for a second time)
• Three types of courts that are pathways to the
Supreme Court
– District Court, Federal Appeals Court, State Supreme Court
State Courts
• State Courts
– Decide cases within individual states. They are
established by state constitutions and laws.
Criminal Law
• grand jury
– convenes (meets) before the trial. They issue
indictments. (formal charges)
• petit jury (petty)
– Convenes (meets) during the trial. They issue verdicts.
(guilty/not guilty)
• Due Process
– the idea that all people in a case are given a fair
chance and that all procedures will be properly
followed. It is extended to all citizens by the 14th
Amendment.
Judicial Review
• judicial review
– The Supreme Court's power to interpret an action or a
law from any level of government to determine if it
violates the constitution and overrule it if it does.
• A New Court Case
– the only way the Supreme Court can reverse a
Supreme Court decision
• Constitutional Amendment
– the only way Congress can reverse a Supreme Court
decision
Judicial Review (Cases)
• MARBURY v. Madison (1803)
– Established that the Supreme Court has the power of
JUDICIAL REVIEW (determine whether a government
action is constitutional)
• MCCULLOCH v. Maryland (1819)
– Upheld what Article VI of the Constitution says. The
FEDERAL government is SUPREME over the states.
• GIBBONS v. Ogden (1824)
– Declared that the FEDERAL GOVERNMENT has the
authority to REGULATE INTERSTATE COMMERCE.
Judicial Review (Cases) cont.
• DRED SCOTT v. Sandford (Sanford) (1857)
– Declared that AFRICAN AMERICANS could NOT be
CITIZENS and that slaves were property with no rights.
• PLESSY v. Ferguson (1896)
– Established the "separate but equal" doctrine which
made SEGREGATION of public places LEGAL.
• BROWN v. Board of Education (Topeka) (1954)
– Overturned the separate but equal doctrine. It
OUTLAWED SEGREGATION in public SCHOOLS.
(desegregated schools/integrated schools)
Jurisdiction
• original jurisdiction
– The authority of a court to hear a case for the first
time. (no other court has heard the case)
• appellate jurisdiction (uh-pell-uht)
– The authority of a court to hear a case for a second
time to possibly overturn the previous decision.
(another court has already heard the case)
• concurrent jurisdiction
– When either federal or state courts can hear a case.
Supreme Court
• the President
– appoints Supreme Court Justices and federal
judges
• the Senate
– approves all appointed judges and justices
• Life
– Time that Supreme Court Justices serve
Supreme Court
• Supreme Court judges are called justices
• 9
– total number of Supreme Court Justices (8 associate justices and 1
chief justice)
• 4
– number of Supreme Court Justices needed to agree in order for a case
to continue
• 6
– minimum number of Supreme Court Justices needed for a vote to be
official
• Majority
– needed for a Court's decision to be official
• dismissing a case
– letting the lower court's decision stand
Supreme Court Justices
• John MARSHALL
– Chief Justice of the Supreme Court from 1801-1835. His court
expanded the power of the Supreme Court. They delivered the
MARBURY decision.
• John ROBERTS
– CURRENT Chief Justice of the Supreme Court
• Earl WARREN
– Chief Justice of the Supreme Court from 1953-1969. His court helped
the civil rights movement. They delivered the BROWN decision.
• THURGOOD Marshall
– 1st AFRICAN AMERICAN Justice
• Sandra Day O'CONNER
– 1st FEMALE Justice
Supreme Court cont.
• appeals from lower courts
– the source for most Supreme Court Cases
• amicus curiae briefs
– Written legal evidence and testimony and evidence
submitted to the court by interested third parties such
as interest groups.
• writ of certiorari
– Order issued by the Supreme Court requiring lower
federal courts to send records on a case
• Appeal
– written request for the Court to hear a case
Supreme Court cont.
• solicitor general
– the lawyer who represents the U.S. Government in Supreme
Court Cases
• Precedent
– model used for future decisions by all courts
• swing vote
– the nickname for the deciding vote in a case
• Briefs
– written legal testimony and evidence presented to the Court by
lawyers.
• stare decisis
– the principle of using precedents as basis for future decisions
Supreme Court
• Opinion
– written explanation of a Supreme Court decision
• dissenting opinion
– a written explanation of the justices who were in
the minority in their voting
• per curium opinion
– a brief written explanation that is unsigned and
issued without hearing testimony from lawyers.
• majority opinion
– a written explanation of the justices who won in
the voting
• concurring opinion
– a written explanation of the justices who voted
with the majority, but did so for different reasons
• unanimous opinion
– a written explanation of the decision of all of the
justices who voted
Steps of a court case
• step 1 of a Supreme Court Case
– a case is appealed to the Supreme Court
• step 2 of a Supreme Court Case
– Records are obtained and reviewed
• step 3 of a Supreme Court Case
– The Court decides whether to continue, dismiss,
or issue a per curium opinion
• step 4 of a Supreme Court Case
– briefs are submitted for review
Steps of a court case cont.
• step 5 of a Supreme Court Case
– oral arguments are presented
• step 6 of a Supreme Court Case
– vote on the case
• step 7 of a Supreme Court Case
– write the opinions
• step 8 of a Supreme Court Case
– announce the decision and publish the opinion