Unit 6
The Judicial
Branch
The Judicial Branch
Section 1: The Lower Courts
Role of the Courts
– Resolving Disputes
– Setting precedents—guiding principles for determining
what is legal in situations that involve similar issues
– Interpreting the Law
• Strict constructionists—laws and the Constitution should be
interpreted strictly according to the words they contain
• Loose constructionists-- laws and the Constitution should be
interpreted in light of current political and social conditions
• Example: Right to bear arms
– Strict—you can own any weapon
– Loose—semi-automatic assault rifles were not around when
Constitution was written. They should be banned
Authority of the Courts
– Extent of the Jurisdiction (authority to interpret and
administer the law) of Lower Courts
• The lower courts hear cases in which
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A person is accused of disobeying the US constitution
A person is accused of violation a US treaty
A person is accused of breaking federal laws passed by Congress
The US gov or a US citizen is charged with an offense by a foreign
nation
A person is accused of committing a crime on a US ship at sea
A US ambassador is accused of breaking the laws of the country in
which he or she is stationed
A person is accused of committing a crime on certain types of federal
property
A citizen of one state brings a lawsuit against a citizen of another state
A few special types are left to the Supreme Court
*All other disputes are left to state and local courts
Lower Court Organization
– A. District Courts
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Trial courts
Each state has 1 to 4
Determine the facts and reach the verdict based on law
Trial by jury, unless waived by defendant
US attorney is the prosecutor in criminal cases
Private attorney is used in civil cases
Lower Court Organization
– B. Court of Appeals
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1/3 are appealed, 1/5 are heard
Rest settled out of court
13 appeals courts
6 to 28 judges in each
No juries, usually 3 judges hear and decide the case
Judges do no review the facts
Judges decide issues of law
– Ex: whether a search of a person’s home was done legally
• Judges use mostly written data
– The written record from the district court
– Briefs—written legal arguments written by both sides
• Decisions
– Reverse the decision
– Affirm the decision
– Send case back to district court for a retrial
Other Courts
– US Court of Claims
– US Court of International Trade
– US Court of Appeals for the Armed Forces
– US Territorial Courts
– US Tax Court
– US Court of Veterans Appeals
Federal Judges
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Serve for life—no political pressure
Congress can impeach and convict
Appointed by Pres; confirmed by Senate
District Court Appointments
• Nominated by Dept of Justice or White House staffers
• Senatorial courtesy—Senators in the Pres party approves or
disapproves each potential nominee for a position in a district in
their state before the official nominations are made
– Court of Appeals Appointments
• No senatorial courtesy (each appeals court covers several states)
• More scrutinized before confirmed
• Many Supreme Court justices come from appeals court
The Judicial Branch
Section 2: The Federal Court System
Supreme Court Pre-Test
• 1. How many people are on the Supreme Court?
• 2. What are the terms of a Supreme Court justice?
• 3. What is judicial review? What court case gave
the Supreme Court this power?
• 4. How are Supreme Court justices chosen?
• 5. How does the Supreme Court operate? Is it the
same as a regular trial court?
• 6. Can you name any justices on the current
Supreme Court? Which is the Chief Justice?
The Supreme Court
Did not have
own building
Weakest branch
Early
Supreme
Court
Small caseload
John Jay was 1st
chief justice
Judicial Review
During the John Marshall Court (starting in 1801), the Court got much
more powerful.
1. Many landmark decisions (A decision that is notable and often cited
because it significantly changes, consolidates, updates, or effectively
summarizes the law on a particular topic) were made
2. Most important: Marbury vs. Madison. This gave the courts the
power of judicial review--Gives courts final voice in deciding the
constitutionality of gov laws and policies
3. Current event: OBAMACARE CASE!!!!!!!!!!!!!!!!
• For more information on John Marshall, click here
For more information on Marbury vs. Madison, click
here
The Justices—some information
No age
requirements
No profession
requirements
9 justices—
number not set in
stone
Most have been
top federal judges
and have law
background
Serve for life
How are justices selected?
Nominated
by President
A lot of
DEBATE
Confirmed
by Senate
This is a major power of the President!
He nominates someone with his beliefs.
The Current Court
Sonia Sotomayor, Stephen Breyer, Samuel Alito, Elena Kagan
Clarence Thomas, Antonin Scalia, John Roberts, Anthony Kennedy, Ruth Bader Ginsburg
How does the Supreme Court work?
This is an essay question!
A. Choosing
Cases:
Supreme
Court only
hears cases
that it wants
to hear. Most
cases are
refused.
B. Who May
Appeal?
Anyone can if
the case
involves a
violation of
the
Constitution.
C. Filing Briefs:
Lawyer for each
party files
briefs which
contain
arguments
related to the
case.
Continued…….
D. Oral
Arguments:
30 minutes
for each side.
DRAMATIC!
Open to the
public.
E. Conference:
Justices meet
twice per
week to
debate current
cases and
review
petitions for
new cases
F. Preparing
Opinions:
Majority,
concurring,
and dissenting
Continued……
• Finally, the decision is announced to the
public.
Supreme Court Post-Test
• 1. How many people are on the Supreme Court?
• 2. What are the terms of a Supreme Court
justice?
• 3. What is judicial review? What court case gave
the Supreme Court this power?
• 4. How are Supreme Court justices chosen?
• 5. How does the Supreme Court operate? Is it
the same as a regular trial court?
• 6. Can you name any justices on the current
Supreme Court? Which is the Chief Justice?