The Supreme Court

1. It’s a dual court system The Supreme Court

2. Federal Courts Federal Courts were created by Congress with the power granted to it by the Constitution. These courts are called Inferior Courts or Lower Federal courts There are 2 types • Constitutional Courts – those cases that are heard from the expressed powers formed under Article 3 • District courts, court of appeals, U.S. Court of International Trade • Special Courts – they hear cases that come from the expressed powers of Article 1 • much more narrow in what they will hear • Courts for D.C., U.S. Tax Court, U.S. Court of Appeals for the Armed Forces, U.S. Court of Appeals for Veterans Claims, U.S. Court of Federal Claims.

3. Jurisdiction Jurisdiction – it is what a court can hear and decide There are several types of jurisdiction based on if they share power with the states or if they are the first court to hear the case. • Exclusive Jurisdiction – these can only be heard by a federal court. • Concurrent Jurisdiction – when the State court and the Federal Court share power • Original Jurisdiction – the court that hears the case first • Appellate Jurisdiction – those courts that are hearing a case on appeal from a lower court.

4. Federal Judges Federal Judges are appointed the same way that Supreme Court Justices are appointed President nominates Senate confirms • usually the President follows the unwritten rule of senatorial courtesy by which the President nominates the person suggested by the senators from the State in which the Judge is to serve Judges’ pay and length of service Federal judges are appointed for life, provided they act on good behavior. Those of the special courts are there for 4, 8, and 15 year terms.pay is set by Congress • they have a excellent retirement package • if they served for at least 10 years, are a minimum age of 70, they can receive their full pay for the rest of their lives • if they served for at least 15 years, then the minimum age is 65 with full pay. • if necessary, a retired judge can be called back for temporary duty by the Chief Justice

5. Inferior Courts The District Courts are the federal trial courts • the 50 States are divided into 89 federal judicial districts (plus the federal district courts for D.C. and the territories) • they are the primary trial courts for the federal system • Hear both criminal civil cases • criminal – crimes Congress has decreed by law to be a federal crime • civil – involves noncriminal matters those decisions are final but a few can be appealed in the court of appeals or even to the Supreme Courts Created by Congress in 1891, so that the burden of hearing appeals in the Supreme Court would be removed and the Supreme Court could get back on schedule. • have only appellate jurisdiction

6. The Court of International Trade • has 9 judges • hears civil cases that come out of trade related law • meets in major port cities • Can be appealed Court of Appeals for the Federal Circuit • Created in 1982 • Meant to speed up and centralize the handling of appeals of certain kinds of civil cases • Has nationwide jurisdiction because there are only 12 districts • Has 12 judges

7. Supreme Court The only court specifically created by the Constitution The court is made up of a chief justice and 8 other justices Marbury v. Madison - Judicial Review. • The power to decide if the constitutionality of an act of the Government. • This allows the Supreme Court to be the supreme authority on the meaning of the Constitution The Supreme Court has both original and appellate jurisdiction • Under Original jurisdiction the Court may hear • When the State is a part of the case • Those cases that affect public ministers and consuls • Congress has increased the power of original jurisdiction by • Hearing all controversies between two or more States • All cases brought against ambassadors or other public ministers, but not Consuls • Any case it wants to that Article III applies to

8. The Case The majority of cases reach the Supreme Court by a writ of certiorari (Latin – to be made more certain) • Orders a lower court to send up a record in a given case for its review The minority make it to the court by use of the certificate. • The lower court is unsure about which rule of law should apply in a case and asks the Supreme Court to certify the answer to a specific question in the matter The court sits from October to either June or July

9. After the Supreme Court decides to hear a case, they set the date for the lawyers to give Oral Arguments The courts work in 2 week cycles • They hear cases for two weeks and they consider cases and do other business for two weeks The lawyers are limited to 30 minutes tops to present their arguments Before appearing in front of the court, the lawyers would file a Brief which is a document that contains facts and statements that support one side of the case. • Amicus curiae (friend of the Court) brief is another type of brief that are filed by groups not directly in the court battle but are supporting one side or the other and are very interested in the outcome of the case.

10. If the United States is in anyway involved with a case before the Supreme Court, then it is the Solicitor General that is the chief lawyer. • This person reviews all cases for the Federal Government • Can appear in any court • Decides which case to ask the Supreme Court to review After hearing oral arguments for a case, the justices will go into Conference. • They are meeting in secret • The chief Justice speaks first - newest justice usually speaks last

11. Opinion When the Court makes a decision they write their opinion as to why the decision went the way it did. There are three types of opinions written by the Court • Majority Opinion – a.k.a. as the opinion of the court. It states the court’s decision in the matter and why. • Dissenting Opinion – written by those justices that don’t agree with the Courts decision and they state why. • Concurring Opinion – written to make or emphasize a point not mentioned in the majority opinion. If the Chief Justice is voting with the majority, then he/she delegates who writes the opinion. If the Chief Justice is in the minority, then the majority opinion is written by the senior justice in the majority.

12. Special Courts Court of Veterans Appeals – newest of all of the courts (1988) • 7 judges appointed by the President/Senate • 15 year terms • hears cases that the V.A. has denied or otherwise mishandled valid claims for veterans benefits. United States Tax Court • has 19 judges • Named by the President/Senate • 12 year terms • only civil cases over tax law