The Judicial Branch

1. The Judicial Branch

2. Jurisdiction • Federal Courts • Article III, Section 1 vests judicial power in the Supreme Court and other inferior courts created by Congress • Judges serve “during good Behavior” • Appointed by the President with the “Advice and Consent of the Senate” according to Article II, Section 2 • Article III, Section 2 lists certain types of cases that must be heard by Federal Courts • Handout

3. Jurisdiction • Original • Article III, Section 2 lists cases in which the Supreme Court has this • District Courts have this in most cases • Appellate • All other cases must come to S.C. upon appeal (Banana)

4. Structure of the Federal Courts

5. The Eleven U.S. Circuit Courts of Appeals.

6. TYPES OF LAWS • Criminal Law • Law that defines crimes against the public order and provides for punishment. Government is responsible for enforcing criminal law, the great body of which is enacted by states and enforced by state officials in state courts. The criminal caseload of federal judges is growing. • Civil Law • Law that governs the relations between individuals and defines their legal rights. However, the government can also be a party to a civil action. Under the Sherman Antitrust Act, for example, the federal government may initiate civil as well as criminal action to prevent violations of the law.

7. TYPES OF LAWS • Statutory Law • Law that comes from authoritative and specific lawmaking sources, primarily legislatures but also including treaties and executive orders. • Common Law • Judge-made law that originated in England in the twelfth century, when royal judges traveled around the country settling disputes in each locality according to prevailing custom. The common law continues to develop according to the rule of stare decisis, which means “let the decision stand.” This is the rule of precedent, which implies that a rule established by a court is to be followed in all similar cases.

8. TYPES OF LAWS • Constitutional Law • Statements interpreting the U.S. Constitution that have been given Supreme Court approval. • Admiralty and Maritime Law • Law applicable to cases concerning shipping and water way commerce on the high seas and on the navigable waters of the United States. • Administrative Law • Law relating to the authority and procedures of administrative agencies as well as to the rules and regulations issued by those agencies.

9. Elements of American Law • Adversary System • Two opposing sides • Lawyers • Impartial judge • Parties in a Case • Criminal and Civil Law

10. Parties in a Case

11. Elements of American Law • Presumption of Innocence • Burden of proof on Prosecution or Plaintiff • Due Process of Law • Substantive • Procedural • Equal Justice Under the Law • Trial by Jury • Petit • Grand

12. The Supreme Court • Created by the Constitution • Marbury v. Madison • Judicial Review • The Justices • Handout • The Selection Process • Seated – Kennedy, Stevens, Roberts, Scalia, Thomas • Standing – Alito, Ginsburg, Breyer, Sotomayor

13. The Supreme Court • What the Court Does • Hear Oral Arguments • Research • Conference • Consider and Decide Cases • Writ of Certiorari • Rule of Four • Write Opinions • Majority • Minority • Concurring • Handouts

14. Influences on Court Decisions • The Constitution and the Law • Judicial Philosophy • Strict Interpretation • Loose Interpretation • Briefs (No Boxers) • Lawyers • Amicus Curae • Politics and Society?

15. Limits on the Supreme Court • Limits on Types of Issues • Limits on Types of Cases • No Advisory Opinions • Limited Control Over Agenda • Lack of Enforcement Power • Checks and Balances

16. The Supreme Court Building