Unit IV The Judicial Branch The United States Supreme Court Structure of the United States Court System Photo: The Courtroom of the U.S. Supreme Court - Created by Article III of the Constitution - Supreme Law of the land Constitutional Law - Deals almost exclusively with _________ - 9 Members: Chief Justice - 1 _____ ___________ Associate Justices - 8 _________ ___________ - To become a Federal Judge or Justice nominated by the ______________ President - Be __________ Senate - Then be confirmed _________ by the ___________ life - Federal Judges hold office for ______ Federal Court System U.S. Supreme Court U.S. Courts of Appeal Federal District Courts Structure of the Federal Court System Source: www.catea.org/grade/legal/structure.html U.S. Courts of Appeal Appellate Courts only review cases that originated in another lower court. They have appellate jurisdiction. Federal District Courts • Most Federal cases are handled by Federal District Courts • Only 2% ever go to trial • Hear about 250,000 civil cases per year • Because cases begin in District Court, they have original jurisdiction. Other Specialty Courts • Additional inferior Federal Courts with original jurisdiction include: – Bankruptcy Courts – Tax Courts – Veterans Affairs Courts – Maritime Courts – Social Security Courts • Most Judges on these courts serve fixed terms of office (typically 15 years), not life State Court Systems • Because of Federalism, States have their own court systems • They are patterned after the U.S. Federal Court system – Every State has a State Supreme Court • Top court of the state • Handles State Constitutional Law • Must obey the U.S. Supreme Court – States also have State Courts of Appeal, State District Courts, and Specialty Courts – States allow Municipal Courts State Court System State Supreme Court State Courts of Appeal Most law occurs at this level State District Courts Municipal Courts Types of Law There are 3 main types of law: - Constitutional Law Involves interpreting the Constitution - Criminal Law Involve violations of laws; the government prosecutes - Civil Law Lawsuits, or disputes between two parties There are many sub-categories within these broad types such as tax law, juvenile law, family law, drug law, corporate law, and so on. Judicial Vocabulary • Decision How the case was resolved • Opinion The reasoning of a judge or Justice – Majority Opinion How the court decided. Most of the Justices believed this way. – Dissenting Opinion Justices that disagreed with the majority – Concurrent Opinion Justices that agreed with the majority but for a different reason. – Per Curiam Opinion A brief, unsigned statement – Advisory Opinion (Note: U.S. Supreme Court does not do these) An opinion on an issue not yet challenged. • Jurisdiction The authority to hear a case… – Original … for the first time. – Appellate … and review it. … in more than one court. – Concurrent • Appeal A request for a case to be reviewed. • Stare Decisis Latin for “Let the decision stand.” • Amicus Curiae Latin for “Friend of the Court.” • Writ of Certiorari An order for case records to be sent up by a higher court. • Subpoena A court order to present yourself or documents { • Precedent A previous court decision • De Jure By law • De Facto In reality • Grand Jury 16-23 people. Decides if there is enough { evidence for someone to stand trial. • Petit Jury • Indictment • Remedies Means “small jury” 6-12 people listen to facts and evidence of a case & decide the case a formal accusation of a crime, handed down by a Grand Jury Court ordered an action by one party in a case • Damages Court ordered money awards It takes 4 or more Justices to want to hear • Rule of 4 a case • Eminent Domain The power of government to take and regulate property for public good. • Plaintiff - person or group called who files a lawsuit • Defendant - person or group called who is being sued • Municipal Courts – hear cases such as traffic tickets and curfew violations Legislating from the Bench Legislating from the Bench is where Judges, through the rulings they make, create or abolish laws in order to affect changes in public policy Constructionists v. Activists - Constructionists believe that the court should strictly interpret the Constitution and not attempt to change or create laws from the bench; it is the role of Congress to create or change law, not Judges - Activists believe that it is the proper role of the Judiciary as a 3rd and co-equal branch of government to be able to shape public policy, laws, and culture through Judicial fiat (ruling) Current members of the United States Supreme Court Steven G. Breyer Sonya Sotomayor Samuel A. Alito Elena Kagan Clarence Thomas Antonin G. Scalia Chief Justice John G. Roberts Ruth Bader Ginsburg Anthony M. Kennedy Landmark Supreme Court Cases (Those marked with an * are not covered by the textbook in pgs. 799-806) • Marbury v. Madison (1803) – Established Judicial Review – the ability of the court to declare laws and actions unconstitutional. William Marbury • McCullough v. Maryland (1819) – The Federal Government does not pay state taxes. • Gibbons v. Ogden (1824) – The Federal Government regulates interstate commerce. • Dred Scott v. Sanford (1857) – Decided slaves were property and could not sue. – Contributed to the Civil War. Dred Scott • The Slaughterhouse Cases (1873) * – Established Eminent Domain – the ability for government to seize and regulate private property for public good. • Plessy v. Ferguson (1896) – Permitted state segregation laws – the practice of “separate but equal”. • Brown v. The Board of Education (1954) – Ended segregation in schools. “Separate but equal” is not equal. Mapp v. Ohio (1961) • Evidence obtained in violation of the Fourth Amendment, may not be used in state courts Engel v. Vitale (1962) -It is unconstitutional for state officials to create an official school prayer and encourage its recitation in public schools. • Gideon v. Wainwright (1963) – States must pay for an attorney in felony criminal cases if the Defendant can’t afford one. • Miranda v. Arizona (1966) – The accused must be informed of their rights to an attorney and the right to remain silent before being questioned by police. – Called the “Miranda Rights” Furman v. Georgia (1972) • Required consistency in the application of the death penalty • Lemon v. Kurtzman (1971) – Government cannot fund religious organizations. – Created the “Lemon Test” to see if government policy overly entangles the government with religion. • Roe v. Wade (1973) – Gives women the right to abortion. U.S. v. Nixon (1974) • 8-0 decision against President Nixon, involving the Watergate Scandal • New Jersey v. T.L.O. (1985) – Schools may search students. • Texas v. Johnson (1989) * – Permits flag burning. Said it is free speech • Clinton v. The City of New York (1998) * – Struck down the line-item veto because the President does not make the law. • Santa Fe School District v. Doe (2000) * – Prohibits student-led prayer over the school PA system. Santa Fe Indians Bush v. Gore (2000) • Effectively allowed George W. Bush the winner of the 2000 presidential election • Owasso Independent School District v. Falvo (2002)* – Students may grade other students’ assignments. That’s all the notes for Unit IV! Good luck with your research papers!