The Judicial Branch
Lesson Objective: To understand the
powers and responsibilities of the
Judicial Branch
Essential Question:
What is the role of the
Supreme Court in U.S.
Government?
The American Legal System
• State Courts
• Federal Courts
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Three tiers
Trial Courts- hear cases first have original jurisdiction
Appellate Courts- decide questions of law
Supreme Court & other high courts
• Supreme court has both original and appellate
– 6% of cases are original in Supreme Court
• Jurisdiction- right to hear the case
• District Courts
– Lowest federal courts
• Have original jurisdiction – 94 districts at least 1 in each state
– Involve federal government as a party
– Constitutional question
– Civil suite where parties are form different states
Federal Court System
• District Courts
– Lowest federal courts
• Have original jurisdiction – 94 districts at least 1 in each state
– Involve federal government as a party
– Constitutional question
– Civil suite where parties are form different states
• Courts of Appeal
– 11 circuit courts + DC court of appeals
• Only hear cases that are appeals- NO NEW TESTIMONY
• Binding only in their district- do not have national precedent
• The Supreme Court
– 9 Judges
– President nominates the Chief Justice
– Only deals with cases with national consequences
Appointments to the Supreme Court
• Justices are picked for the following reasons:
– Competence
– Ideological or Policy Preference
– Rewards
– Pursuit of Political Support
– Religion
– Race and Gender
• Confirmation Process
– Investigation
– Lobbying by Interest Groups
– Full Senate votes on Confirmation
Deciding a Case
• Deciding to hear a case
• -About 9,000 cases reach Supreme Court a year
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2003-2004 term heard 90 cases
Writ of certiorari – review of appellate court case
In forma pauperis- comes from criminal law
Almost all are writ of cert.
• Conference Vote
– Non-binding vote to see where the justices think they will
vote
• Opinions
– Majority opinion- court’s ruling; becomes law
– Concurring Opinion- agrees with ruling but not reasoning
– Plurality- winning side but not majority- accompanied by
concurring opinions
– Dissenting Opinion- losing side of the arguement
How They Vote
• Legal Factors
– Judicial Philosophy
• Restraint vs. Activism
– Precedent
• Built on prior cases
• Extra-legal Factors
– Personal Experience
– Ideology
– Strategic Voting
– Public Opinion