The Judicial Branch

The Judicial Branch

Terms to know • Common Law Judicial Review Jurisdiction • Precedent Oral Argument Opinion • Statutory Law Judicial Restraint District Court • Judicial Activism Dissenting Opinion Supreme Court • Civil Law Criminal Law Appellate Court • Writ of Certiorari

The federal court system • Established in Article III, Section 1 of the constitution • Job is to interpret the laws made by Congress • Decide how the law should be applied to specific situations when disputes arise over meaning of the law

Sources of American law • Common Law: Body of law that developed from custom and court decisions in England and the United States • America borrowed the idea of common law from England where it originated centuries ago • Court rulings are often made by precedent • Law derived from court rulings • Precedent: A court ruling that sets an example for later legal decisions in similar cases

Statutory Law: The body of laws passed by Congress, by state legislatures, by counties and by cities • Law derived from Legislative Decisions • Different from Common Law, which is derived from Court Decisions

The federal court system • Basically a 3-tiered structure consisting of U.S. District Courts, U.S. Court of Appeals and the Supreme Court

U.S. District (trial) Courts • Courts in which trials are held • Each side submits evidence to support its side • Testimony • Demonstrations • Videos etc. • The jury or the judge makes a decision on the case • There is at least one federal district court in every state

The Players in a Trial Case • Judge • supervises court trials, instructs juries, and pronounces sentence • Court Reporter • takes verbatim reports of speeches, conversations, legal proceedings, meetings, and other events when written accounts of spoken words are necessary for correspondence, records, or legal proof. • Clerk • appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records. • Bailiff • entrusted with duties such as the maintenance of order in a courtroom during a trial and supervising the jury

The Players in a Court Case cont’d • Plaintiff • Brings the suit to court (initiates the trial) • Defendant • Person whom a claim or charge is brought against • Attorneys • often represent the plaintiff and defendant at a trial. As officers of the court, attorneys are expected to know and follow all court rules. Their role is to protect the rights of their client. Attorneys offer evidence and arguments to help the judge and the jury make a fair decision. • Witnesses • called on to testify in court and asked to give a firsthand account of something seen, heard or experienced • Jurors • one of a group of persons sworn to deliver a verdict in a case submitted to them

Criminal v. Civil Law • Civil Law: The duties that exist between persons or between citizens of their government • Examples: Laws concerning business contracts • Criminal Law: Deals with the wrongs committed against the public as a whole • Examples: Robbery

Criminal v. civil lawhttp://www.diffen.com/difference/Civil_Law_vs_Criminal_Law

U.S. Court of Appeals • A party who loses in district court can appeal their case in an appellate court • These courts do not hear testimony or examine evidence • Considered reviewing courts because they simply review the case from district court along with other records

U.S. Supreme Court • Highest level of the judicial system • Consists of 9 justices who are appointed by the President

How cases reach the Supreme Court • Sometimes given original jurisdiction: The legal authority of a court to hear the first presentation of a case • Usually acts as an appeals court • Usually hears fewer than 100 cases a year • In order to bring a case to the Supreme Court, a party must request a writ of certiorari: an order sent by the Supreme Court to a lower court requesting the record of the case in question. • Most requests are denied

Decisions and Opinions of the Supreme Court • The Supreme Court does not hear any evidence but may listen to oral arguments: an argument presented in person before the court by an attorney • After reaching a decision, the court writes an opinion: the Supreme Court’s explanation of the decision it has reached • Unanimous opinion: all justices agree • Majority opinion: outlines the views of the majority of the justices • Dissenting opinion: outlines the views of those who disagreed with the majority

Common characteristics of supreme court justices • White males • 2 African-Americans • 4 Females • Prior Occupation: private legal practice, state or federal judgeship • In their 50s at time of appointment • Average age: 53 • Belong to the same political party as president who appointed them • College educated • Often have degrees from Yale, Harvard, or Columbia

Judicial Appointments • Justices are nominated by the President • They must be approved by the Senate • Senate has rejected several appointments throughout history • If approved, justices serve for life or until they resign

Critical thinking • Do you think that there should be term limits on Supreme Court Justices? Do you think that they should face elections like Congressmen? Why or why not?

Chief Justice and associate justices • Chief Justice • Acts as spokesperson for the judiciary • Presides over oral arguments • Presides over impeachment trials in the Senate • Associate Justices • The other 8 justices

Who are the Supreme Court justices? • Chief Justice: John Roberts • From Maryland • Appointed by: George W. Bush • September 2005

Antonin Scalia • From: Virginia • Appointed by: Reagan • September 1986

Anthony Kennedy • From: California • Appointed by: Reagan • February 1988

Clarence Thomas • From: Georgia • Appointed by: George H.W. Bush • October 1991

Ruth Bader Ginsburg • From: New York • Appointed by: Clinton • August 1993

Stephen Breyer • From: Massachusetts • Appointed by: Clinton • August 1994

Samuel Alito Jr. • From: New Jersey • Appointed by: George W. Bush • January 2006

Sonia Sotomayor • From: New York • Appointed by: Obama • August 2009

Elena Kagan • From: Massachusetts • Appointed by: Obama • August 2010

Marbury v. madison (1803) • Marked the first time that a law (Judiciary Act of 1789) was unconstitutional • Involved a unanimous decision that Supreme Court justices have the final say about the meaning of the Constitution • Called Judicial Review

How do the courts make policy? • Judicial Review: the process by which a court determines whether or not a law contradicts the U.S. Constitution • *This is an example of a judicial check on the legislative branch • Judicial Review is NOT specifically in the Constitution • Important element of the system of checks & balances

It is emphatically the province and duty of the Judicial Department to say what the law is…If two laws conflict with each other, the court must decide on the operations of each…So if the law be in opposition to the Constitution…t[he] Court must determine which of theses conflicting rules governs the case. This is the very essence of judiciary duty” • John Marshall, Marbury v. Madison 1803

Judicial Activism v. Restraint • Judicial Activism: A doctrine that advocates an active role for the Supreme Court in using judicial review • Takes a broad view of the Constitution • Court involves itself in legislative and executive matters • Practiced by both political parties • Judicial Restraint: A doctrine that holds that the Supreme Court should rarely use its power of judicial review or otherwise intervene in the political process • Believe that legislative decisions should not be changed unless they are CLEARLY unconstitutional

Critical thinking • If you were a Supreme Court Justice, would you support Judicial Activism or Judicial Restraint? Explain your reasoning.

Checks on judicial power • Legislative: • Court rulings can be overturned by constitutional amendments • Courts can pass new laws that overturn court rulings • Must approve presidential appointments to the Supreme Court • Executive: • Chooses who serves on the Supreme Court

The Judicial Branch