The Judicial Branch• What do each of the teams stand for?• Who are the referees?• Why are the two teams competing?• Who do you think will win?• How do you think they will be stopped?
True or false?• It’s OK to disobey a Supreme Court ruling.• The Supreme Court can overturn an act of Congress.• The Supreme Court can declare a Presidential action unconstitutional.• The Supreme Court can remove the President from office.• Supreme Court justices are expected to show their liberal or conservative views while making decisions on the bench.
Conducted by Princeton Survey Research AssociatesInternational for the Annenberg Public Policy Center. Thesurvey polled 1,500 adults aged 18 years and older wasconducted in 2005. The margin of error = +/- 3 %.True or False1. True or False -- 38% of the people surveyed said it’s “Okay toignore Supreme Court ruling”2. True or False --55% says the US Supreme Court can declarean act of Congress unconstitutional3. True or False -- 64% of the public says it Distrusts theSupreme Court a great deal or a fair amount4. True or False --- 75% says a judge’s ruling is influenced byhis or her personal political views to an large extent5. True or False --- Of the people surveyed 28% of the peoplesaid the three branches were the: Executive branch, thepresident, presidency, the White House
U.S. Judiciary• Parallel system of state and federal courts – State courts – powers come from state constitutions and laws – Federal courts – Supreme Court and lower courts whose powers come from the Constitution and federal laws
Jurisdiction• the authority of the courts to hear certain cases and interpret the law
Jurisdiction• State courts have jurisdiction over cases involving state laws• Federal courts have jurisdiction over cases involving federal law – US laws, treaties, interpretations of the Constitution – Cases where the following are involved: • Ambassadors or other representatives of foreign governments • Two or more state governments • The US government of one of its offices or agencies • Citizens who are residents of more than one state • Citizens who are residents of the same state but claim land grants in other states
Jurisdiction• Concurrent - Both the federal and state courts have jurisdiction – Ex. A case where citizens of different states in a dispute over more than $75,000• Original – trial courts (ie. District courts)• Appellate – when people lose a case in a trial court and wish to appeal the decision (ex. District court to appeals court)
The United States Supreme Court “The Court of Last Resort” Highest court in the land and the ONLY one established by Article III of U.S. Constitution. Term: First Monday October- late June Nine Justices No trials or juries Each side gets 30 minutes to argue their case before the Justices. A case goes before the court if four justices agree to hear it. This is called the “rule of four”.
The United States Supreme Court Annual Salary: associate justices $213,900; chief justice $223,500. Constitution prohibits Congress from reducing pay for incumbent justices. A justice may retire and earn his or her final salary for life, plus cost of living increases. Court is ruled by seniority. The Chief Justice is considered the most senior member of the Court, regardless of length of service. Associate Justices are ranked by the length of service. During Court sessions, justices sit according to seniority, with Chief Justice in center, and Associate Justices on alternating sides, with the most senior Associate Justice on the Chief Justices immediate right, and the most junior Associate Justice seated on the left farthest away from the Chief Justice. Each justice is also a "circuit justice" and is assigned to oversee one or more federal judicial circuits.
The United States Supreme Court Primarily an appellate court; has original jurisdiction over small number of cases. Three “routes” to the U.S. Supreme Court:1) original jurisdiction over cases involving disputes between states (least common- one-two cases per term).2) cases on appeal from circuit courts- a party files a petition (cert) and justices determine if they will hear it (most common route).3) appeals from state supreme courts- generally on Constitutional issues.
SCOTUS v. POTUS• Judicial activism v. Judicial restraint
Should the supreme court decide controversial issues?
United States Courts of Appeals• Hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies.• Have strictly appellate jurisdiction- handling appeals from U.S. District Courts and are the intermediate appellate courts in the federal system.• Considered most powerful and influential courts in the federal system. The Courts of Appeals serve as the final arbiter on most federal cases and set legal precedent in regions that cover millions of people (because the Supreme Court chooses to hear fewer than 100 of the more than 10,000 cases filed with it annually).• The Courts of Appeals have strong policy influence on U.S. law.
United States Court of Appeals Court of appeals decisions establish binding precedents. Other federal courts in same circuit must follow the appeals courts guidance in similar cases, regardless of whether the trial judge thinks the case should be decided differently. Do not handle jury trials- only handle cases where party argues that district court judge made an error in handling their case. Currently 179 Judges on U.S. Courts of Appeals authorized by Congress and Article III of the Constitution. Judges are nominated by the president and then confirmed by the Senate. Judges have lifetime tenure and earn an annual salary of $184,500.
United States District Courts Lowest level of courts in federal system. 94 United States district courts with least one judicial district for each state, the District of Columbia, and Puerto Rico. Serve as general trial courts of the U.S. federal court system and handle both civil and criminal cases. They have no appellate jurisdiction and have original jurisdiction over most cases and can conduct jury trials. There is one bankruptcy court associated with each U.S. district court. Part of the “inferior” courts established by Congress. There is no constitutional requirement that there be any district courts. Number of judges in each district court and structure of the judicial system are set by Congress and usually based on population. The President appoints federal district judges whose role is to decide questions of law and fact.
• Gibbons v. Ogden• US v. Nixon• Mapp v. Ohio• Brown v. Board• McCullough v. Maryland• Marbury v. Madison• Bakke
School law• Tinker v. DesMoines• NJ v. TLO• Hazlewood v. Kuhlmeier• Bethel Park v. Frasier• Abington v. Schemmp• http://www.uscourts.gov/EducationalResources/ ConstitutionResources/LegalLandmarks/Landmar kSupremeCourtCasesAboutStudents.aspx