THE JUDICIAL BRANCH
JURISDICTION
Types of Jurisdiction
1. Original – Right to hear a case for the first time.
a. Federal
b. State
c. Local
2. Appellate – right to hear a case on appeal; law has been applied
unfairly or incorrectly.
3. Exclusive – assigned by the Constitution; only federal courts can
hear; includes cases involving national laws, the federal government or
other governments (State or foreign)
4. Concurrent – cases that can be decided in state or federal courts
THE AMERICAN LEGAL SYSTEM
Sources of Law
1. Constitution of the United States
2. Statutuory laws – (statutes) law that are written
by state legislatures and other lawmaking bodies
3. Common Law – origin of stare decisis; past
ruling that are used to make decisions
Branches of Law (Ciminal and Civil)
1. Public Law – concerns the relationship between the government and
citizens
a. Criminal Law
b. Constitutional Law
c. Administrative Law – rules and regs of government agencies
d. International Law – rules that guide relations with other
countries
2. Private law – deals with disputes between individuals, businesses or
other organizations
a. Contracts
b. Property
c. Torts (wrongful act that injures a person or someone’s
property)
d. Domestic Relations
3. Federal District Courts
a. federal trial courts; currently 94 courts
b. at least one per state plus D.C. and Puerto Rico
c. 2 judges per court
d. have original jurisdiction
e. hear 80% of federal cases a year (about 300,000)
4. Court of Appeals
a. set in 12 districts or circuits; usually 3 judge panels
b. hear appeals from district courts
c. set up to lessen work load of Supreme Court
d. have appellate jurisdiction
e. does not always mean a trial
f. about 400,000 cases per year
5. Supreme Court
a. court of last resort, most appeals come from the court of Appeals
b. currently 8 associate justices and one chief justice
c. judicial review – declare act unconstitutional
d. about 6,000 cases apply each year, only about 100 get full decision
6. Other federal courts
Territorial Courts
set up like a federal district court in U.S. Territory
D.C. Court
handles all cases for the nation’s capital
Court of International Trade
civil cases (involve money or property) foreign business dealing
covered here
U.S. Claims Court
public officials can be sued here
Government can be sued in some cases approved by Congress
U.S. Tax Court
disputes between taxpayers and the IRS
Court of Military Appeals
trials of service persons
Court of Appeals for Federal Circuit
Nationwide jurisdiction
civil cases mostly
patents, trademarks, copyrights
Process to the Supreme Court
1. Federal Indictment
2. Federal Grand Jury Hearing
3. True bill of Indictment
4. Trial in Federal District Court
5. Verdict by Trial (Petit) Jury
6. Appeal to Courts of Appeals (Circuit Courts)
7. 3 Panel Court decides to uphold or overturn the verdict
8. Appeal to United States Supreme Court
To hear a case before Supreme Court
1. Submit Appeal – In most cases lawyers write an appeal for the court to
issues a writ of certiorari. (Forces lower courts to send document from the
case to be reviewed)
2. Appeal Granted – (Rule of Four) 4 of 9 justices agree to put case on the
docket (schedule)
3. Submit Brief – merit Briefs are written legal arguments by lawyers to
support one side of a case. *Amicus Curaie Briefs – friend of the court
(interest groups file)
4. Oral Arguments – the lawyers have the opportunity to give their arguments
and ask questions about the case. It is almost always limed to 7 sitting at 30
minutes for each side. (Two weeks long)
5. Conference – Justices discuss and vote on cases. (Wednesday mornings
and Friday)
6. Write opinions – after voting on the case, each just may write their opinions.
7. The Decision is Final
Making Decisions
Judicial Restraint – the Court limits itself to matter of law and justice as
they are brought before them.
Judicial activism – the Court does not refrain from making policy with
its decisions
Write opinions majority – decision of the court
concurring – agrees with the decision but wants to explain why
dissenting – disagrees and wants to explain why
Precedents – decisions of the Court become the standard or rule for
future cases
Supreme Court Justices
President appoints; Senate approves
Their term is for Life
Impeached like any other office
Currently they make around $192,600
Pay cannot be lessened during their term
If retire after 65 and have served 15 years, they get full pay for life.
Selection Process
President consults advisors; Attorney General presents list of
candidates
FBI does background check; ABA ranks candidates
Interest groups try to influence Senate vote
Senate Judiciary Committee rejects or confirms
QUESTIONS
Take out a sticky note please.
1. What officials represent the federal government in Supreme Court
Cases? District Court?
2. A jury that cannot agree on a verdict is called a _____________.
3. What is plea bargaining?
4. What does a public defender do?
5. What is the difference between a felony and a misdemeanor?