Section 4 & 5 of the Judicial Branch
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The document discusses the development of the federal court system in the United States. It describes how the founders assumed judicial review but did not explicitly state it. It then outlines three key stages in the development of the federal courts: 1) 1787-1865, where the Supreme Court asserted national supremacy over state law; 2) 1865-1937, where the Court sought to protect private property but also allowed some regulation of business; and 3) 1936-present, where the Court became more deferential to government regulation of the economy but sought to protect civil liberties. The document also briefly describes the structure of the federal courts and their jurisdictions.
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Top of FormWEEK 5 SUPREME COURT Lesson Lesson 5 Th.docx
Top of Form
WEEK 5: SUPREME COURT
Lesson
Lesson 5: The Supreme Court
"A law embodies beliefs that have triumphed in the battle of ideas.”
-Justice Oliver Wendell Holmes
Expected Outcomes
To understand the evolution of the Supreme Court in relation to the other branches of power; to appreciate the difference between the “original intent” and “judicial activist” philosophies; and to critically evaluate the political and cultural importance of major Supreme Court decisions.
Overview
I. The Legal Framework
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The United States utilizes a dual court system which is comprised of both State and Federal Courts. The rules and principles which are the basis of court decisions are referred to as Case Law. Case law has bearing on future cases that involve similar facts and constitutional issues. The case law or court rule from previous cases establishes the precedents on which future cases will be relied upon in the decision making process. The doctrine of stare decisis means to stand on the decided cases.
A courts authority to hear and decide cases refers to the jurisdiction of the court. According to the Constitution, the accused must receive a fair trial in the jurisdiction in which the crime was committed. Federal Courts have jurisdiction when there is a federal question in the case, when there is diversity of citizenship involved in the case (meaning citizens from different states), and when there are two or more different states or state boundaries involved. When a case is to be heard in Federal Court, courts with limited jurisdiction include Tax and Bankruptcy Courts. These are examples of courts that deal with very specialized issues that do not deal with constitutional issues, but other federal issues.
II. The Judicial Powers
According to Article III of the Constitution, the judicial power of the United States would be vested in one Supreme Court. The actual authority of the Supreme Court was described as:
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1) It has a two-tiered system with federal and state courts, led by the Supreme Court as the highest court. 2) The judiciary is independent and judges have life tenure to be impartial. 3) The federal court system includes the Supreme Court, circuit courts of appeal, and district courts that handle cases regarding federal laws. 4) The Supreme Court has both original and appellate jurisdiction and acts as the final interpreter of the Constitution through the power of judicial review.
Judicial
The judicial branch is established in Article III of the Constitution and has jurisdiction over federal laws, disputes between states or citizens of different states, and disputes involving foreign governments. The lower federal courts include district courts, which handle the majority of cases, and courts of appeals that hear appeals from lower courts. Additional specialty courts include military, territorial, tax, and claims courts. At the highest level is the Supreme Court, which has the power of judicial review to determine the constitutionality of laws but only through cases that come before it. Supreme Court decisions can only be overturned through a new ruling or constitutional amendment.
Sp 108-supreme courtpresentation-3
The document summarizes key aspects of the U.S. federal court system, including its structure and landmark Supreme Court cases that have expanded judicial power and affected policy. It outlines the dual state and federal court systems and specialized national courts. It also describes the Supreme Court's role at the top of the federal system and its power of judicial review established in Marbury v. Madison. Landmark cases like Brown v. Board of Education, Roe v. Wade, and Miranda v. Arizona are highlighted for establishing important precedents around civil rights, privacy, and criminal procedure.
The Federal Court System
The document discusses the structure and jurisdiction of the U.S. federal court system. It outlines the dual court system of federal and state courts. It describes the different levels and types of federal courts, including the Supreme Court, appellate courts, district courts, and specialized courts. It also covers the appointment of judges, their terms, and types of jurisdiction that federal courts have.
supremecourtprecedent.ppt
The Supreme Court is the final interpreter of US law according to the 1803 Marbury v Madison decision. It has the power to review federal laws and state court rulings to determine if they are consistent with the US Constitution. The nine justices serve lifetime appointments and must decide cases based on precedent in addition to their own ideological views. Conservatives focus on the strict text of laws and Constitution, while liberals are more willing to consider additional context. Justice Kennedy is often the swing vote who decides cases pragmatically on an individual basis.
CHAPTER 13 JUDICIARY
CHAPTER 13 JUDICIARY
1
LO 37 – Constitutional
Sources of Courts
Article III - Constitutional Courts
Example:
U.S. Supreme Court
Article I - Legislative or Special Courts (Congress)
Examples:
Claims, D.C., Military Appeals, Tax
2
LO 38 - Types of Jurisdiction
ORIGINAL - The first time a case is heard by a court. Involves a judge, jury, trial and a record is kept.
APPELLATE - The second or more time a case is heard. Called “paper courts” because all these justices do is review the record of the lower court looking for “errors of law.”
CONCURRENT - Means that BOTH a federal and/or state court can hear a case.
3
LO 39 – 5 WAYS TO FEDERAL COURT
. Ambassador, Minister or Consul is a party to the suit
. Federal government sues a State
. State sues another State
. Federal Question
. Diversity of Citizenship - (Citizens from 2 different states plus $75,000 in dispute)
(DAFFS)
4
U.S. Supreme Court
(Original and Appellate Jurisdiction)
U.S. Courts of Appeal (13 total) (Also termed “circuit courts”) OK = 10th Circuit in Denver, CO) (Appellate Jurisdiction)
U.S. District Courts
(Original Jurisdiction)
LO39 - Federal Court Structure
5
FEDERAL APPELLATE COURT MAP
6
O.K. Supreme Court
** Civil Cases only **
(Original & Appellate Jurisd.)
Court of Last Resort
O.K. Court of Civil Appeals (Appellate Jurisdiction)
O.K. District and Trial Courts
(Original Jurisdiction)
LO39 - OK - State Court Structure
O.K. Court of
Criminal Appeals
** Criminal Cases only **
(Original & Appellate Jurisd.)
7
LO 40 - Marbury v. Madison
Principle = Judicial Review: When a court declares acts unconstitutional (see page 43)
Political squabble - Marbury’s judicial appointment as a Justice of the Peace
Case Question: Judiciary’s Powers Under Article III of the U.S. Constitution versus the Congress passed (statute) Judiciary Act of 1789 - specifically the “Writ of Mandamus”
Outcome: Judiciary Act of 1789 unconstitutional
8
LO42 - Types of Judges
(Judicial Philosophy)
Activist:
Likes to make new law; apply old laws in new ways =
Liberal
Restrainer:
Likes to follow precedent; will avoid making new law =
Conservative
9
LO 43 - Major Types of Law
CIVIL LAW -
Defined - Torts
Remedy - $
BOP - Preponderance of the Evidence
Procedure
Complaint
Pleading
PreTrial/Trial
CRIMINAL LAW
Defined -Crimes
Remedy - Jail
BOP - Guilt Beyond a Reasonable Doubt
Procedure
Arrest Warrant/Indictment
Preliminary Hearing
Arraignment
PreTrial/Trial
10
LO43 - Major Types of Law
Statutory Law - Legislative law
Co ...
Understanding federal and state courts
The document discusses the differences between the federal and state court systems in the United States. It explains that the US has two separate court systems due to the concept of federalism outlined in the Constitution. The federal court system handles issues relating to federal law and powers while state court systems handle issues of state law. It provides details on the structure of both systems, including the different levels of courts and the types of cases typically heard at each level of federal versus state courts.
Understanding federal and state courts
This document provides an overview of the differences between the federal and state court systems in the United States. It explains that the US has two court systems because the Constitution established both federal and state governments, each with their own spheres of power and laws. The federal system includes district courts, circuit courts of appeals, and the Supreme Court. State systems typically include trial courts of limited and general jurisdiction, as well as intermediate appellate courts and state supreme courts. The document outlines the structure and jurisdiction of courts within these two systems.
ap gov chap 16
The document discusses several key aspects of the US judiciary system:
1) It describes the concept of judicial review and how the federal courts have the power to rule on the constitutionality of laws and executive actions.
2) It outlines the development of the federal court system from the Founding Era to present day and how the role of the courts has expanded over time.
3) It discusses important Supreme Court cases that established principles like national supremacy of federal law and the Court's changing approach to economic and civil rights issues over different time periods.
Chapter 3 - The U.S. Supreme Court: The Final Word
The Supreme Court is the highest court in the US and its decisions cannot be overturned by any other body. It has the power of judicial review to determine the constitutionality of laws. Cases reach the Court through appeals or in its original jurisdiction over disputes between states. The 9 Justices are nominated by the President and confirmed by the Senate, holding lifetime appointments. Their decisions depend on whether the Court's composition is considered more liberal or conservative at the time.
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25% of countries around the world have a common law legal system (v. 75% civil law system) , which is based on the idea that law is created with the time, and, in it, judges play an important row.
America’s constitution dates from 1787 and it has been amended 26 times. It’s short, so it must be interpreted. By who? For federal judges (which are different from state judges), which are named by the president and stand their Jobs for life, so they are very independent.
The US is a federal system composed of 50 States, each of which has its own political identity and legal structure (own courts –in Illinois, judges run for elections-, legislator, Governors, law…).
Federal law (for the whole US) also exists, as well as Federal Courts.
In 1787, 13 states decided to give out some of their powers in order to create a federal state: (1) Foreign/international policy and (2) enumerated powers (tax, expenditure, defense -army, navy…-). However, states still have lots of powers.
US CONSTITUTION:
Article 1.- Legislative branch (Congress). There is ;
· a Senate (2 senators for state in order to make sure that all states have equal voice 100 senators; they run for office every 6 years)
· and a House of Representatives, with 435 members who are voted based on population; each state has, at least, one representative (700.000 per congressman, except for Wyoming, with less population); they run for office every 2 years, which is a problem, as the always have to raise money. There are electoral districts whose boundaries are drawn by the state legislators every 10 years, and there is a problem related to it: the gerrymandering problem, which exists when governments change those districts in order to get more seats in the Congress (some of them are called “safe seats”, when they have been drawn by state legislators to benefit they party and are not really subject to change)
Article 2.- Executive brand (President)
Article 3.- Judicial brand
These branches are:
-Coequal in relation to one another. Neither branch exercises superiority.
-Separate (Montesquieu).
Article 6.- The Supremacy Clause: Federal law (Constitution, Federal statute -law passed by congress- and treaties) is supreme over State law.
All the branches have say if the laws are constitutional. The President, when signing a law, has to do so as well. And if there is conflict, the Supreme Court decides.
The supreme court is the only one mentioned in the Constitution. But the Congress can create as many federal courts as necessary.
There are three levels for the Federal Court:
· Supreme court. Decibe between 75 and 100 cases each year. Th “wears two hats”:
· Highest court of appeal.
· Highest court of constitutional interpretation.
There are 9 judges (right now there are 8, and the 9th has not been named for political reasons: republicans did not want to have the candidate Obama wanted to appoint), appointed by the president with the approval of the Senate. They serve for life unless
· Co ...
Unit 5 judicial branch academic
The document summarizes the structure and jurisdiction of the US judicial system. It begins with an overview of the federal court system, from district courts to courts of appeals to the Supreme Court. It then discusses notable Supreme Court cases and chief justices throughout history that helped shape interpretations of civil rights and liberties. The document concludes with an overview of criminal and civil law procedures and sources, as well as protections like due process.
Unit 5 judicial branch academic
The document summarizes the structure and jurisdiction of the US judicial system. It begins with an overview of the federal court system, from district courts to courts of appeals to the Supreme Court. It then discusses notable Supreme Court cases and chief justices throughout history that have shaped interpretations of civil rights and liberties. It concludes with an overview of criminal and civil law procedures and sources, as well as protections like due process.
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American Government: A Complete Coursebook - Chapter 13
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Chapter 3 - The U.S. Supreme Court: The Final Word
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25 of countries around the world have a common law legal system (.docx
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