Chapter 13
Courts and Judicial Branch
• Article III of Constitution created Supreme
Court and the lower federal court
– Terms of office
– Compensation
• Jurisdiction- the courts range of authority,
cases they may hear
– Ambassadors of foreign governments
– Bankruptcy cases
– US laws and treaties
• Exclusive jurisdiction
– Cases only heard by Federal Courts
• Concurrent jurisdiction
– Cases that may be heard by state and federal
courts
Types of Law
• Civil
– Law that governments relationship between
individuals and defines rights
• Plaintiff- one bring charges
• Defendant- one who is be sued
• Criminal Law
– Law that deals with crimes against public order
•
•
•
•
•
Government is prosecution
Defendant is the accused
Usually in state courts
Has a penalty is found guilty
May be federal if applies
• Constitutional Law
– Law that relates to the US Constitution and its
interpretation
• Judicial Review
– Ability of states and federal courts to interpret
constitution
• Supreme Court has the final say
Structure of Federal Court System
• District Courts
– Primary trial courts in Federal System
– 94 district Courts
• Hear no appeals
• Grand Jury-Issues indictments
• Petit jury-rules on case
• Court of Appeals
– 13 courts
– Hold no trials and hears no testimony
– Only deals with appeals
• Court of International Trade
– Hears civil cases related to tariffs and trade
Legislative Courts
•
•
•
•
•
•
Court of Military Appeals
US Claims Courts
Courts of District Columbia
Territorial Courts
Court of Veterans Appeals
US Tax Court
Federal Judges
• President appoints, but Congress approves
• Criteria
– Practicing Lawyers
– Experience in Judicial positions
– Usually same political party as president
– Race and Gender
– Senatorial Courtesy- from where judge is selected
approved by state senators
Selection Proces
• President's Choice Influenced by
– Congress
– Agencies Within the Executive Departments
– Sitting Judges
– Prospective Nominees
– American Bar Association
• Senate Confirmation
– Senate Judiciary Committee interviews and
approves before it goes to senate for full vote
The Supreme Court
• Nine Justices sit on Court
• Chief Justice is in Charge
• Duties
– Hearing appeals
– Deciding cases
– Setting an opinion(explaining the opinion)
Supreme Court at Work
• Choosing cases
– Meet to chose cases they will hear
– Only hear appeals, usually claim of lower courts
mishandled a case
– After discussing cases, vote on ones to hear
– Four justices must vote to hear case
• Hearing cases
– Hear cases there days a week
– No testimony, just oral arguments from lawyers
• Deciding cases:
– Justices vote in private- and make ruling
• Majority opinion- View of justices who agree with ruling
• Dissenting opinion- View of Justices who oppose ruling
• Concurring opinion- View of justices who agree with
ruling, but for different reasons than majority
Policy Making Power
• Supreme Court sets many precedents
– Decisions that are used as a standard in later
similar cases
– Judicial activism-belief that the Supreme Court
should be actively making policy by interpreting
the Constitution
– Judicial restraint-belief that the Supreme Court
should not be actively making policy, but let other
branches take care of it
Checks on Judicial power
• Limited Powers of Enforcement- Supreme
court has no police, so can not enforce law.
• Congress
– Must confirm judges
– Impeach judges
– Change court makeup
– Amend constitution
• The President- power to appoint judges
• Public Opinion
– Although do not respond to public opinion
directly, must be aware of consequences from
decisions