FHN American Government

1. FHN American Government The Judicial Branch

2. The U. S. Supreme Court Building

3. The Judicial Branch The U. S. Supreme Court- 2010

4. The Judicial Branch The U. S. Supreme Court Chief Justice John Roberts Associate Justice Samuel Alito Associate Justice Sonia Sotomayor Associate Justice Anthony Kennedy Associate Justice David Souter Associate Justice Antonin Scalia

5. The Judicial Branch The U. S. Supreme Court Associate Justice Clarence Thomas Associate Justice Ruth Bader Ginsburg Associate Justice Elena Kagan

6. Appointed Appointed By AtAge John G. Roberts (Chief Justice) 2005 G.W. Bush 50 Sonia Sotomayor 2009 Obama 55 Samuel A. Alito, Jr. 2006 G.W. Bush 55 Antonin Scalia 1986 Reagan 50 Anthony Kennedy 1988 Reagan 52 David Souter 1990 Bush 51 Clarence Thomas 1991 Bush 43 Ruth Bader Ginsburg 1993 Clinton 60 Elena Kagan 2010 Obama 50

7. The U. S. Supreme Courtroom

8. Facts: The Judicial Branch Justices are appointed for life. Current 2010 salary for the Chief Justice is around $223,500 per year, while Associate Justices make about $213,900.

9. The Judicial Branch

10. The Judicial Branch The are 2 types of legal conflicts: 1. Criminal Law- Crimes against another person or the state. Examples, theft, murder, burglary, etc ...

11. The Judicial Branch The are 2 types of legal conflicts: 2. Civil Law- Cases involving money, when a person or organization sues another.

12. The Judicial Branch The United States judicial system is divided between the State Courts and the Federal Courts.

13. The Dual Court System U. S. Supreme Court Working Through the Court System Missouri Supreme Court U.S. Appellant Court (12 circuits) Missouri Appellant Courts (3) Federal District Courts (94 districts) Local County Courts (Circuit)

14. The Judicial Branch Foreign Affairs Interstate Bank Robbery Kidnapping Patent Cases Mail Fraud Bankruptcy Criminal Cases Civil Cases Probate Cases Divorce Cases Custody Cases Commerce Criminal Cases Civil Cases Commerce Court Jurisdictions State Courts Concurrent Federal Courts

15. The Dual Court System U. S. Supreme Court Working Through the Court System Missouri Supreme Court U.S. Appellant Courts U.S. Special Courts Missouri Appellant Court Federal District Courts (94 districts) Local County Courts

16. U. S. Supreme Court The Inferior Courts The Constitutional Courts The Special Courts Organization of the Court System Courts of Washington D. C. U.S. Courts of Appeals for the Federal Circuit U.S. Courts of Federal Claims 94 District Courts Courts of Appeals For Armed Forces U.S. Tax Courts U.S. Court of International Trade 12 U.S. Courts Of Appeals Territorial Courts Courts of Appeals For Veterans Claims

17. Federal-District (94 Districts)

18. The Judicial Branch 3. The parties involved in the conflict are: a. Plaintiff - an individual or a group of people who bring a complaint against another party to court (civil). b. Defendant - the party who defends against a complaint (civil). c. Prosecution - the government body who brings a criminal charge against a defendant (criminal).

19. 4. Either a judge or a jury may hear a case 5. Judges must be impartial. 6. The court may also have to interpret law. 7. Court decisions establish a precedent - guidelines for how similar cases should be decided in the future. 8. Most legal disputes and violations of law are decided in district courts. 9. The court to which a legal case first goes - original jurisdiction (authority to hear a case first) 10. A plaintiff (except the prosecution) or defendant has the right to appeal a case if they believe the decision made by the court of original jurisdiction is unjust. The Judicial Branch

20. 11. Federal Courts have jurisdiction over 2 kinds of cases: a. Subject matter - cases involving a question concerning interpretation of federal law or the Constitution; admiralty law; and maritime law b. Parties - cases where one or more of the parties are the United States, a State suing another state, citizen of one state suing a citizen of another state; a citizen suing a foreign government The Judicial Branch

21. Section 2:Organization if the federal courts

22. 1. The Constitution creates the framework for the federal court system in Article III. 2. There are 94 Federal District Courts

23. Fed. District Courts a. Each state has at least 1 district court b. Federal District Courts are courts of original jurisdiction and obtain evidence by witness (trial). c. Exclusive jurisdiction - jurisdiction over cases that only can be heard in Federal Court d. Concurrent jurisdiction - jurisdiction over cases that can be heard either in Federal or State Courts (sharing power to hear these kinds of cases). In this situation, the plaintiff may choose to bring its case in either state court or federal court.

24. Appeals 3. There are 12 United States Courts of Appeals, which handle appeals from Federal District Courts. The Courts were created in 1891 as gatekeepers to lighten the Supreme Court’s docket a. Circuit Court - appeals taken from a group of district courts within a geographic area b. Issues are decided by arguments by counsel in front of a panel of 3 judges

25. Other Courts 4. The Supreme Court is the highest court in the federal court system. 5. The Court of Federal Claims, United States Tax Court, Court of Appeals for the Armed Forces, Territorial Courts are all examples of Special Federal Courts.

26. Jff’s 6. All federal judges are appointed by the President and confirmed by the Senate. a. They serve life terms and can be removed from office only by the impeachment process. b. They must balance the rights of the individual with the interests of the nation as a whole.

27. Section 3: The Supreme Court

28. What gives them the right? • Only the supreme court has the final say about what the Constitution means and what laws it will allow. • There are 9 Judges • Judicial review is the power of the Supreme Court to overturn laws. • Marbury v. Madison did the three things:

29. a. The Constitution is the Supreme law of the land. b. All legislative acts and other actions of government are subordinate to the supreme law and cannot be allowed to conflict with it. c. Judges, sworn to enforce the Constitution must refuse to enforce any government action they find to be in conflict with it. By doing so, Justice Marshall defined the role of the judicial brand in the development of the American system of government.

30. What types of cases? What kind of cases must the Court hear? a. Appeals from federal and state courtsthat involve the federal government or federal laws. b. Those cases for which it is the Courtof original jurisdiction.

31. The Supreme Court has over 8,000 requests for appeals each year. * A request for appeal must be made by a writ of certiorari. A Writ of certiorari - is Latin for “ to be made more certain.” *Of those 8,000, most are denied because the justices agree with the lower courts decision.

32. Also, If less than four(4) justices want to review a case, the case will not be reviewed - this is called the “rule of four ”. Most cases come to the Supreme Court from a state Supreme Court or an U. S. Appellate Court

33. The Supreme Court has both original and appellate jurisdiction. The Supreme Court has original jurisdiction when: a. a state is a party b. issues affecting ambassadors, public ministers and consuls The Supreme Court has appellate jurisdiction when: a. a case comes from a state Supreme Court or a U.S. Appellate Court.

34. Appellate jurisdiction - when the losing party to a case in a lower Federal Court or highest state court appeals its case to the Supreme Court.

35. Once the Supreme Court chooses to hear a case: a. each side submits briefs - written arguments. b. hearing and oral arguments are heard. c. Justices meet in private conference to discuss case and vote - a simple majority decides the case. d. most decisions come with written opinions.

36. When deciding a case, the Court considers: a. the law and how it has been applied b. past precedents c. the intentions of lawmakers at the time they made a particular law.

37. There may be 3 types of opinions issued by the Supreme Court: a. Majority opinion - announcing the Court’s decision in the case. b. Concurring opinion - one or more justices adds emphasis to a point not covered in the majority opinion. c. Dissenting opinion- written by the justices who do not agree with the majority opinion.

38. Changes in the court 15. The Supreme Court has gone through changes resulting from: a. shifts in public opinion b. Justices’ own personal beliefs 16. Each court has its own personality. a. judicial activism - an effort by judges to take an active role in policy making by overturning laws relatively often