January 5, 2015

Objective: To develop an understanding
of the Supreme Court

Notes!
January 5, 2015

Objectives: To develop an understanding
of the Judicial Branch

Question: How long is the appointment of
a Supreme Court Justice?
Questions?

How many supreme court justices are
there?

Why is it called the “court of the last
resort?”
The United States Judicial
Branch of Government
“the least dangerous branch of government”
Alexander Hamilton
“It is emphatically the province
and duty of the judicial branch to
say what the law is”
Chief Justice John Marshall 1803
January 6, 2014

Objectives: To develop a better
understanding of the Supreme Court and
the Judicial system

Take out paper for Notes!
Fundamentals

Under the Articles of Confederation (1781-1787)
there was no federal court system—only state
courts

Today there are 51 separate judicial systems in
the United States: One for each state and a
separate system for the federal government

95% of all court cases are heard in state courts--5% of all cases end up in federal court system

The only court created in the Constitution is the
Supreme Court—all others have been created
by Congress
Jurisdiction

Jurisdiction—the authority of a court to hear a
case

Exclusive Jurisdiction---Case can only be heard
in one particular court

Concurrent Jurisdiction---state and federal
courts both could hear the case (ex. Bank
robbery)

Original Jurisdiction---a court is the first court to
hear a case

Appellate Jurisdiction---a court hears a case
from a lower court on appeal
Federal Jurisdiction—THE
QUESTION OF WHO, WHAT, AND
WHERE must be asked.
1.
What?--- If the subject matter of the case deals
with the Constitution, a treaty, or any law
passed by Congress
2. Where?---If the subject matter of the case deals
with matters arising on the high seas or
navigable waters of the U.S. or property of the
federal government like a national park
3. Who is involved?
A.
One of the parties involved are U.S.
government officials
b. One of the parties involved is an ambassador or
foreign minister
c. If both parties involved are U.S. States
d. If the parties involved are from the same state
where both claim land in a different state
Quiz Review
1.
2.
3.
4.
5.
6.
7.
8.
Under the ---there was no federal court system
Each ---has its own court system
95% of all cases are heard in ---courts
The only court created in the Constitution is the---court
What three questions must be asked to
determine if a case is a federal case?
Be able to diagram the basic structure of the
Federal Court System
In Roe v. Wade which Judicial Philosophy was
used to decide the case?
Know the quotes from John Marshall and
Alexander Hamilton
Quiz Review continued
9. Authority of a court to hear a case
10. Case can only be heard in federal court
11. State and federal court can both hear the case
12. The court that hears the case for the first time
(trial court)
13. Court that hears a case coming from a lower
court
Answers: original jurisdiction, concurrent
jurisdiction, appellate jurisdiction, jurisdiction,
exclusive jurisdiction
United States District Courts
Federal Trial Courts of original jurisdiction. These
courts hear both civil and criminal cases
District Courts handle 80% of all federal cases.
(300,000 cases a year)
89 Federal District Courts nation wide that are
divided into 12 regions (circuits)
Over 600 judges preside over these courts
Recent District Court Decision

In a Federal District Court in California recently a
Judge ruled that students would no longer have
the opportunity to say the Pledge

The District Court Judge felt that the inclusion of
“God” in the pledge was a violation of the 1st.
Amendments prohibition on state sponsored
religion

The case will be appealed to the Federal Circuit
Court of Appeals and then probably to the
Supreme Court
Federal Circuit Courts








Created by Congress in 1891 to reduce the work
load of the Supreme Court.
Only has appellate jurisdiction.
They hear 55,000 cases a year.
Usually hear appeals from District Courts.
12 of these courts nationwide.
Approximately 180 judges (One of them was
Judge Roberts).
Judges usually hear cases in panels of three.
(en banc)
Judges are appointed by the President with the
consent of the Senate for life.
United States Supreme Court






Made up of 8 Justices and one Chief Justice
=total of 9.
Sometimes called “court of last resort”
Justices appointed by the President with consent
from the Senate for life terms.
Has both original and appellate jurisdiction, but
almost always hears cases on appeal.
Originally there were only 6 Justices, but by
1869 we settled on 9. (FDR—attempted to pack
court in 1937)
7 to 8,000 cases appealed to Supreme Court
each year but they only hear a few hundred.
Pay for Federal Court Judges and
Justices

Chief Justice $202,900

Associate Justices $194,200

Federal Circuit Court of Appeals judges get
$164,100

Federal District Court Judges get $154,700
How does the Supreme Court
decide to hear a case????
The Rule of Four----at least four justices
must agree to hear a case before it is
accepted .
 Writ of Certiorari----directs lower court to
send up record of the case for review.
If you appeal a case to the Supreme Court
you are asking the Justices for a writ of
“cert”---most are denied.
The Supreme Court will not usually hear a
case unless it raises some important
Constitutional question.

Judicial Review and the Supreme
Court
Established in 1803 in the case Marbury v.
Madison
 Establishes that the Supreme Court has
the power to determine if actions of
government are unconstitutional.

How does a case arrive at the
Supreme Court?
1. From one of the 50 State Supreme
Courts
2. From one of the Circuit Courts of Appeal
U.S. Supreme Court 2015
John Paul Stevens


Associate Justice
John Paul Stevens,
85 years old,
appointed by Gerald
Ford
Considered one of the
three liberals on the
court.
U.S. Supreme Court 2015
Antonin Scalia


Associate Justice
Antonin Scalia, 69
years old, appointed
by Ronald Reagan.
Considered one of the
three conservatives
on the court.
U.S. Supreme Court 2015
Anthony Kennedy



Associate Justice
Anthony Kennedy, 69
years old, appointed
by Ronald Reagan.
Considered one of the
conservatives, but
moderate.
Voted for Bush in
Bush v. Gore 2000
U.S. Supreme Court 2015
Clarence Thomas


Associate Justice Clarence
Thomas, 56 years old,
appointed by George H.W.
Bush. Second African
American appointed to
Supreme Court (Thurgood
Marshall was first)
Considered one of the
conservatives on the court.
U.S. Supreme Court 2015
Ruth Bader Ginsburg


Associate Justice
Ruth Bader Ginsburg,
71 years old,
appointed by Bill
Clinton.
Considered one of the
liberals on the court possibly most liberal.
Supreme Court 2015
Stephen Bryer


Associate Justice
Stephen Breyer, 67
years old, appointed
by Bill Clinton.
Considered one of the
liberals on the court.
U.S. Supreme Court 2015
Sam Alito
In 1990, President George
H. Bush nominated Judge
Alito to the U.S. Court of
Appeals for the Third Circuit.
Alito was unanimously
confirmed by voice vote by
the U.S. Senate
Alito tends to be more
conservative than liberal
U.S. Supreme Court 2015
Sonia Sotomayor


Immediately prior to her
nomination to the Supreme
Court, Sonia Sotomayor was
serving as a Circuit Judge of
the United States Court of
Appeals for the Second Circuit,
having appellate jurisdiction
over district courts in
Connecticut, New York, and
Vermont. From 1991 to 1997,
she served as a justice of the
United States District Court for
the Southern District of New
York.
Considered more liberal, but
moderate
U.S. Supreme Court 2015
Elena Kagan

112th justice and fourth female justice.

Elena Kagan was born and raised in
New York City. After attending
Princeton, Oxford, and Harvard Law
School, she completed federal Court
of Appeals and Supreme Court
clerkships. She began her career as a
professor at the University of Chicago.

Law School, leaving to serve as
Associate White House Counsel, and
later as policy adviser, under President
Clinton.

Considered more liberal, but moderate
U.S. Supreme Court 2015
Chief Justice John Roberts

Chief Justice John Roberts
52 years old---newly
appointed.
The first appointment that
President George W. Bush
had the opportunity to
make. Roberts is
considered a conservative.
He was confirmed by the
Senate by a vote of 78-22
January 5, 2015
Objectives: To develop a better
understanding of the Judicial Branch of
government and Supreme court decisions.
 Question: Who is the Chief Justice?
 Agenda: notes on Supreme Court

How does the Supreme Court
make decisions?
A decision is made by majority vote (the
Bush v. Gore 2000 decision was 5-4).
 Sometimes Justices hear oral arguments
before the Supreme Court. Each side gets
25 minutes to speak.
 Months usually pass before a decision is
reached. Occasionally they speed up the
process.

Opinions

Majority opinion—the official written opinion of
the court

Concurring Opinion---when a justice agrees with
the majority but for different reasons that they
want to explain

Dissenting Opinion---when a justice or justices
disagree with the majority and want to explain
why
Quiz Review
11. Which federal courts have original
jurisdiction?
12. Federal District courts hear both—and—
cases.
13. How many Federal District courts?
14. Where is the nearest federal district
court to us?
15. How many federal district court judges?
16. Recently a federal district court judge in--ruled that students in this district would
no longer have the opportunity to say the --to start the school day.
Quiz review II continued
17. Why were federal circuit courts of appeal
created?
18. What type of jurisdiction do Federal
Circuit courts have?
19. About how many cases do federal circuit
courts hear within a year?
20. Federal Circuit Court Judges usually
hear cases as a panel of ---judges. This is
called -------- (Latin phrase)
Quiz Review III
21. How many justices are there on Supreme Court?
22. Why is Supreme Court sometimes called court of
last resort?
23. What type of jurisdiction does Supreme Court
have?
24. How many Justices were on first Supreme Court?
Where did they first meet? Who was first Chief
Justice?
25. In 1937 who attempted to “pack” the Supreme
Court? Why?
26. Approximately how many cases does the
Supreme Court hear in a years time?
27. What is the pay for an Associate Justice?
28. What is the “Rule of Four”?
Quiz Review IV
29. A Writ of ---directs a lower court to send up the
record of a case for review.
30. What is judicial review?
31. From what two types of courts might the
Supreme Court get a case?
32. List the 9 current members of the U.S.
Supreme Court. Who is the new Chief Justice?
33. How does the Supreme Court make decisions?
34. What are majority and dissenting opinions?
35. Be able to answer questions 1,2,6,10,14, and
19 from the “Honorable Supreme Court” Video
listening guide.
Special Courts—courts created by
Congress to hear certain cases
1.
2.
3.
The Court of Federal Claims—
government may not be sued without its
consent. Court set up in 1855 to hear
civil claims against the U.S. Government.
16 Judges with 15 year terms, hear
cases through out the country.
U.S Tax Court---hears civil cases
dealing with taxes.
Court of International Trade---hears
civil cases arising out of tariff and other
trade related laws.
Special Courts Continued
4. Territorial Courts---Courts set up by
Congress for U.S. territories such as
Guam, and Virgin Islands.
5. Court of Appeal for Veterans Claims--hears appeals from the decisions made by
the Department of Veterans Affairs.
Usually having to do with Veterans Claims.
6. Court of Appeals for the Federal
Circuit - hears appeals from Court of
International trade, Court of Federal
Claims, Court of Appeals for Veterans
Claims.
Special Courts continued
7. Military Courts---Court martial—
conducted by military.
8. Court of Military Appeals—appeals court
for Military Court. Civilian judges.
Quiz Review IV
32. How are decisions made on the Supreme Court?
33. Does the Supreme Court always hear lawyers
arguments orally before the court?
34. What do you call the official written opinion of the
Court?
35. What do you call the opinion of a justice who agrees
with the majority but for a different reason?
36. What do you call the opinion of a justice who disagrees
with the majority?
37. What court was created by Congress to hear civil cases
against the U.S. Government?
38. The U.S. Federal Government may not sued without its’
------39. What special Federal Court was created by Congress
to hear cases dealing with tariff and trade laws?