Movie
April 8
Separation of Powers and Checks
and Balances review
Notes/discussion over the Judicial
Branch
Chapter 18 Vocab. and crossword
puzzle
Vocab. Quiz Friday
You will be able to:
 COMPARE and CONTRAST federal
and state court systems
 LIST and EXPLAIN the differences
between criminal and civil cases
 DESCRIBE the basic structure of the
Supreme Court
 SUMMARIZE Supreme Court
decisions
US GOVERNMENT
The Judicial Branch Notes
Article I of the Constitution, the
legislature makes the law.
Article II of the Constitution, the
executive enforces the law.
Article III of the Constitution, the
judicial interprets the law.
Each branch can “check” the
power of the other branches.
Article III, Section I of the
Constitution
“The judicial Power of the United
States shall be vested in one
supreme Court, and in such inferior
Courts as the Congress may from
time to time ordain and establish.”
GENERAL INFORMATION:
TWO different court systems in the
U.S.
Federal and State
Both feed into the US Supreme
Court
Both hear criminal and civil cases
Why two different court systems?
 The Articles of Confederation did not
establish national courts or a national
judiciary.
 States interpreted and applied the laws
as they saw fit.
 Decisions by the courts in one state
were ignored by the courts in other
states.
 Federal Judiciary -- deals with matters that
state courts can’t handle. Ex: disputes
between states, disputes between foreign
citizens and U.S. states or citizens, and
matters that deal with federal laws and the
Constitution.
 State Judiciary -- every matter not handed
by the relatively limited federal courts is
handled in the state courts. Ex: family law
issues, landlord-tenant disputes, probate
cases, lawsuits between parties within a
single state, and nearly all state criminal
offenses.
To determine whether it is federal or
state court, you need to look at:
 The parties involved
– Are they all from the same state?
– Are they from different states or even
different countries?
 The situation that has lead up to the
trial
– Is it a state law or federal law that has
been broken?
Federal Court System
94 US District Courts in the US
13 Courts of Appeals (13 Circuits)
1 U.S. Supreme Court
State Court System
132 General District Courts
123 Circuit Courts
Court of Appeals of VA
VA Supreme Court
DIAGRAM OF COURTROOM
Two Kinds of Federal Courts
U.S. Supreme Court
Inferior Courts
The Constitutional Courts
94 District Courts
12 US Courts of Appeals
US Court of Appeals or the
Federal Circuit
US Court of International
Trade
The Special Courts
US Court of Federal Claims
US Tax Court
Territorial Courts
Courts of DC
US Court of Appeals of the
Armed Forces
US Court of Appeals for
Veterans Claims
US Supreme Court
 Article III of the Constitution
 Exercises both original and appellate
jurisdiction
 Most cases come on appeal from the lower
federal courts and from the highest State
courts.
 Constitution sets original jurisdiction as:
 1. As those to which a state is a party.
 2. Those affecting ambassadors, other
public ministers, and consuls.
Judicial Review
The power to decide the
constitutionality of an act of
government, whether executive,
legislative, or judicial.
The Supreme Court is the final
authority on the meaning of the
Constitution.
Read pages 518-519
Explain Marbury v.
Madison.
What were the effects of
Marbury v. Madison?
Appointment of Justices of the
US Supreme Court
Presidential appointment with
Senate confirmation (judges of the 94
district courts are appointed by the
President and confirmed by the Senate)
Considerations: balance,
experience/qualifications, positions
of past decisions, other opinions
Term of office is for life with
“good behavior”
Removed through impeachment
 Congress sets the number of associate
justices
 Judiciary Act of 1789
– Six Judges
 Congressional Act of 1869
– Chief Justice and 8 associate judges
Supreme Court Sessions
Nine month term (October to June)
Two week cycles
– Hear oral arguments, announce
decisions on mondays, and rule of
motions
– Recess to take care of all other
business
Current Supreme Court Justices
 Chief Justice– John Roberts, appointed
by Bush in 2005
 Ruth Bader Ginsburg, appointed by
Clinton in 1993 (2nd female justice)
 Antonin Scalia, appointed by Reagan
in 1986
 Sonia Sotomayor, appointed by Obama
in 2009 (1st Hispanic)
 Elena Kagan, appointed by Obama in
2010
 Clarence Thomas, appointed by Bush
in 1991 (2nd African American Justice, grew up
in Savannah, GA)
 Samuel Alito, appointed by Bush in
2006
 Stephen Breyer, appointed by Clinton
in 1994
 Anthony Kennedy, appointed by
Reagan in 1988
First African American
Justice was Thurgood
Marshall
First woman was Sandra Day
O’Connor
Read pages 520-521
Explain how cases reach the
Supreme Court.
Explain how the Supreme Court
operates.
http://www.supremecourt.gov/oral_arguments/2010termcourt
calendar.pdf
www.Wikipedia.com