Resource for unit of the Judicial Branch of the United States Federal Government

2. • During the
Articles of
Confederation
years, there were
no national
courts and no
national judiciary.

3. • The States applied and
interpreted the laws.
• What was the problem
here?
– Decisions by one court
might be ignored by
court from another
state.

4. • Keep in mind this important point:
there are (2) separate court systems.
• National system and state system.

6. • The Constitution creates
the Supreme Court and
leaves to Congress the
creation of the inferior
courts:
– the lower federal courts.
• Over the years Congress
has created (2) distinct
types of federal courts:

9. Constitutional Courts
• Enforce judicial powers of United
States.
Special Courts
• Created by Congress to hear cases
arising out of some expressed power
given to Congress.

10. • DEFINE jurisdiction
– Authority to hear (try and decide) a case
• What kinds of cases does the
Constitution give to the Federal
Courts:
– They deal with (1) the subject matter or
(2) the parties involved

11. Exclusive: case heard only in Federal Court
Concurrent: Fed + state share power to try
Original: court in which a case is first heard
Appellate: hears an appeal from a lower court

12. • We have seen early that the President
nominates all Federal judges and the
Senate confirms the appointment.

13. • President nominates someone
recommended by the Senator of the
state where the Federal Judge is to
serve.
• Where do most Federal Judges come
from?
– Legal scholars, law professors, state
courts, leading attorneys.

14. • The concepts of
judicial activism
and judicial
restraint often play
a part in the
judicial selection
process.

15. • Belief that a
judge should use
his/her position
to promote
desirable social
ends.

16. • Belief that a judge
should defer to
the actions of the
executive and
legislative branch.

17. • Judges are appointed for life -
until they resign, retire, or die
in office.
• They may also be removed
through the impeachment
process:
– 13 have been impeached and 7
have been removed throughout
US History

18. • Judges who sit in the special
courts are not appointed for life.
• Congress sets the terms for the
various courts.

19. • Salaries:
– Set by Congress
• Retirement:
– Full salary if
serve 10 years
(age 70) or 15
years (age 65)

20. • Today, Federal judges have little
involvement in the day-to-day
administrative operations of the
courts over which they preside.
• What is their primary mission?
– Hear and decide cases.

21. • Judges have support
from:
– a clerk
– several deputy clerks
– Bailiffs
– court reporters
– stenographers

22. • What do they do
for the judges?
1. Make arrests in
federal cases
2. Hold persons in
custody
3. Keep order in
courtrooms

23. • Congress in the
Judiciary Act of
1789 created the
District Courts
and today there
are 94 of them.

24. • The 50 states are
divided into 89
federal districts and
5 other districts for
other territories
and districts - eg.
Washington DC.

26. Middle
Eastern
Western

27. • A single judge in each district
often hears cases – but
certain cases may be a heard
by a 3-judge panel.
• What is the FISA court?
– Foreign Intelligence
Surveillance Court

28. • District Courts have original
jurisdiction over most cases heard
in federal courts.
• Most of the decisions made in
federal court are final, some cases
may be appealed the court of
appeals; few go directly to the
Supreme Court.

29. Criminal Cases
• Defendant committed action that
Congress declared a federal crime.
Civil Cases
• A dispute over terms of a contract
or a claim of patent infringement.

30. • Established in 1891 to act as
“gatekeepers” to relieve the Supreme
Court of the burden of hearing
appeals from the district courts.
• The Supreme Court then was 3 years
behind its docket = list of cases to be
heard.

31. • Today there are 12 courts of
appeals in the judicial system.
• 12 judicial circuits.
• Today there are 179 circuit judges
that sit on these appellate courts
and a Supreme Court justice is also
assigned to each circuit.

32. • They hear cases on appeal from the
lower federal courts.
• They hear about 55,000 cases a year
and their decisions are final unless
what happens?
– Unless the Supreme Court chooses
to hear appeals taken from them.

33. • Created in 1890 with 9 judges.
• Holds trials in major port cities
such as New Orleans, New
York and San Francisco.
• What kinds of cases does it
hear? Civil cases arising out of
tariff or trade related laws.

34. • Created in 1982 and has
national jurisdiction.
• Why was it created?
– To centralize and speed
up appeals in certain
kinds of civil cases.

36. • Judicial review:
extraordinary power
to decide the
constitutionality of
an act of
government,
whether executive,
legislative, or judicial.

37. • Who does the ultimate exercise of
this power rest with?
– The United States Supreme Court

38. • This case (1803) first asserted the
Court’s power of judicial review.
• Chief Justice John Marshall’s powerful
opinion was based 3 propositions:

39. 1. The Constitution is the supreme law
of the land.
2. Legislative acts and other actions of
government are subordinate to
supreme law.
3. Judges are sworn to enforce the
provisions of the Constitution.

40. • Supreme Court has the
right to declare act of
Congress
unconstitutional.
• Laid the foundation for
the judicial branch’s key
role in development of
the American system of
government.

41. • The Supreme Court has both original
and appellate jurisdiction
• Where do most of the cases come
from? APPELLATE

42. • The Constitution spells out two
classes of cases that may be
heard by the High Court in its
original jurisdiction:
1. Those in which a state is a party
2. Those affecting ambassadors,
other public ministers or consuls

43. • Some 8,000 cases
are now appealed
to the Supreme
Court each year.
• Of these the
Court accepts
only a few 100 for
decision.

44. • What is the rule
of four?
– At least 4 of the 9
justices agree
that a case
should be put on
the Court’s
docket.

45. • More than half the cases
decided by the court are
disposed of in brief orders.
• This means the case is
returned to the lower court
for reconsideration in light
of a recent or related case by
the High Court.

46. • Most cases reach court
this way.
• Order by the Court
directing a lower court
to send up a record in a
given case for review.
• When a certiorari is
denied – the lower
court decision stands.

47. • A few cases reach
the Court by
certificate.
• This means a lower
court asks the
Supreme Court to
certify the answer to
a specific question
in a complex matter.

48. • The Court sits from
the first Monday in
October to sometime
the following June or
July.
• How is each term
identified? By the year
in which it began.

49. • Once the
Supreme Court
accepts a case, its
sets a date on
which that case
will be heard.
• This is done in 2-
week cycles.

50. • They hear oral arguments in several
cases for two weeks.
• Then they recess for two weeks to do
what?
– The Court considers those cases and
handle other court business.

51. • Lawyers
arguing before
the High Court
may only
speak for 30
minutes.

52. • Briefs are written documents filed with
the Court before oral arguments begin.
• What is the purpose of a brief?
– To provide relevant facts that support
one side of case; attempt to influence.

53. • The Court may also
receive amicus curiae
(friend of the court)
briefs .
• These are filed by
persons or groups who
are not actual parties
in a case but have a
substantial interest in
its outcome.

54. • Principal officer in the Department
of Justice, has two important
responsibilities:
1. Represents the United States in all
cases in which the US is a party.
2. Decides which cases the government
should ask the Court to review and
what position the US should take.

55. • The justices meet
in conference, in
closest secrecy, to
consider the cases
in which they
have heard oral
arguments.

56. • What role does
the Chief Justice
play in the
conference?
– He presides over
the conference
and speaks first.

57. • Each justice summarizes or
“presents” their views in order
of seniority.
• The last justice appointed goes
last.
• About 1/3 of all the Court’s
decisions are unanimous, but
most find the court divided.

58. • Why are the
Court’s cases
usually
controversial ones?
– The easier cases
rarely get that far.

59. • If the Chief Justice is
in the majority on a
case, he assigns the
writing of the
opinion.
• If he is in the
minority; he will
assign the senior
associate justice.

60. • Define: written
explanation by a judge
or group of judges that
accompanies a ruling in
a case, laying out the
rationale and legal
principles for the
ruling.
• There are (3) types of
opinions:

61. Majority - Announces the Court’s decision and
reasoning on which it is based.
Concurring – to add or emphasize a point that
was not made in the majority opinion.
Dissenting – written by justices who do not agree
with the Court’s majority decision.

62. • Examples to be
followed in
similar cases as
they arise in the
lower courts or
reach the
Supreme Court.

64. • Chief Justice
– Born 1955
– Harvard, Harvard
Law
• On court since
September 29, 2005.
• Appointed by George
W. Bush

65. • Associate Justice
– Born 1936
– Georgetown, Harvard
Law
• On court since
September 26, 1986.
• Appointed by Ronald
Reagan

66. • Associate Justice
– Born 1936
– Stanford, Harvard
Law
• On court since
February 18, 1988.
• Appointed by Ronald
Reagan

67. • Associate Justice
– Born 1948
– Holy Cross, Yale Law
• On court since October
23, 1991.
• Appointed by George
HW Bush

68. • Associate Justice
– Born 1933
– Cornell, Columbia
Law
• On court since August
10, 1993.
• Appointed by Bill
Clinton

69. • Associate Justice
– Born 1938
– Stanford, Harvard
Law
• On court since August
3, 1994.
• Appointed by Bill
Clinton

70. • Associate Justice
– Born 1950
– Princeton, Yale Law
• On court since
January 31, 2006.
• Appointed by George
W. Bush

71. • Associate Justice
– Born 1954
– Princeton, Yale Law
• On court since
August 8, 2009.
• Appointed by Barack
Obama

72. • Associate Justice
– Born 1960
– Princeton, Harvard Law
• On court since August 7,
2010.
• Appointed by Barack
Obama

73. The following slides take a look at important
decisions made by the US Supreme Court

74. Issue Key Aspect Decided
• 6th Amendment • Established that when
a suspect asks to speak
– Right to counsel
with an attorney, the
• Defendant was not police must comply
given a lawyer when with the request
he asked for one… • Even before formal
charges have been filed
against the suspect.

75. Issue Key Aspect Decided
• 6th Amendment • The court stated that
the right to an attorney
– Right to counsel
was a fundamental
• Defendant was not right for a fair trial.
given a lawyer during • All states would be
a trial due to state required to provide
policy in Florida. counsel in criminal
cases.

76. Issue Key Aspect Decided
• 8th Amendment • Forced states and
– capital punishment national legislatures to
rethink their laws to
• Death sentence was assure that the death
being issued penalty would not be
arbitrarily with administered in a
regards to race … discriminatory manner.

77. Issue Key Aspect Decided
• 8th Amendment • Supreme Court
– cruel and unusual
punishment ruled that the death
• Defendant argued that penalty was
the death penalty was constitutional and
unconstitutional
because it was “cruel states could use it.
and unusual
punishment”.

78. Issue Key Aspect Decided
• 4th and 14th • Evidence obtained in
Amendments violation of the Fourth
Amendment, which
– illegal evidence protects against
and due process "unreasonable
• Defendant claimed searches and seizures",
illegal search and may not be used in
seizure criminal prosecutions.

79. Issue Key Aspect Decided
• 5th, 6th, 14th • Established the
Amendments importance of
informing defendants
– Rights of of their legal rights
criminally accused before they are
• Not aware of rights arrested in order to
ensure due process.

80. Issue Key Aspect Decided
• 1st Amendment • Court ruled the PA law
unconstitutional
• A Pennsylvania State
because it violated the
law required reading “establishment clause”
from a Bible each of the 1st Amendment.
day at school… • Schools should not
have prayer in school.

81. Issue Key Aspect Decided
• 1st Amendment • Established the “Lemon
– Establishment Test”.
clause • Public money can be
used for non-secular
• Aid to church purposes in religious
supported schools schools.

82. Issue Key Aspect Decided
• 1st Amendment • Court ruled in favor of
– Freedom of student expression.
expression. • Expression allowed as
• Students wearing of long as it does
black armbands in interfere with
protest of the operation of school.
Vietnam war.

83. Issue Key Aspect Decided
• 4th Amendment • Court said public school
officials can search
• Vice-principal students' private
belongings.
searched a student’s • To conduct a search,
purse and found public schools need only
a reasonable suspicion
contraband. that a student has
• Illegal search… violated the law or a
school rule.

84. Issue Key Aspect Decided
• 1st Amendment • Court ruled that
– Freedom of speech student newspapers
• Principal removed could be censored
articles from school by school
newspaper. administration.

85. Issue Key Aspect Decided
• Right to privacy • The Court held that a
• A Texas woman woman's right to an
claimed right to abortion fell within the
privacy when she right to privacy
wanted to artificially protected by the
terminate her Fourteenth
pregnancy… Amendment.

86. Issue Key Aspect Decided
• 1st Amendment • Supreme Court held
• Right to burn US that flag burning was
Flag in protest of a form of expression
government. protected under the
First Amendment.
• State law made it
illegal.

87. Issue Key Aspect Decided
• 14th Amendment • The court held that a
• University of race-conscious
Michigan using admissions process
points to help may favor
members of racial "underrepresented
groups gain minority groups“.
entrance to school... • Affirmative Action legal

88. Issue Key Aspect Decided
• 1st Amendment • Congress has the
authority to require
• Federal Government public schools and
said all libraries that libraries receiving federal
receive federal $$$ $$$ to install web
must install filters filtering software as a
condition of receiving
on computers….. federal funding.