MHS Government Mr. Clause

1. The Judicial Branch

2. Key Words
• Concurrent Jurisdiction
• Original Jurisdiction
• Appellate Jurisdiction
• Litigant
• Due Process Clause
• Grand Jury
• Indictment
• Petit Jury
• Judicial Circuit
• Senatorial Courtesy
• Riding the Circuit
• Opinion
• Writ of Certiorari
• Per Curium
• Opinion
• Brief
• Amicus Curiae
• Majority Opinion
• Dissenting Opinion

3. Key Words
• Judicial Review
• Impound
• Stare Decisis
• Precedent
• Advisory Opinion
• Bloc
• Swing Vote
• civil law
• contract
• expressed contract
• implied contract
• real property
• law
• constitutional law
• statute
• ordinance
• statutory law
• administrative law
• common law
• equity
• due process
• substantive due process
• procedural due process
• adversary system
• presumed innocence

4. • personal property
• mortgage
• tort
• plaintiff
• Defendant
• injunction
• complaint
• summons
• answer
• discovery
• mediation
• affidavit
• criminal law
• criminal justice system
• petty offense
• misdemeanor
• felony
• arrest warrant
• grand jury
• indictment
• information
• plea bargaining
• jury, verdict
• hung jury
• sentence

5. Objectives
1. Explain the Jurisdiction of the different courts
2. Analyze important Supreme Court Cases
3. Compare and Contrast the differences between
a District Court and an Appellate Court
4. Evaluate the different ways why someone is
choosing as a Federal Judge
5. List the 9 Supreme Court Justices
6. Describe the characteristics of a Supreme Court
Justice

6. THE FEDERAL COURT SYSTEM
Chapter 11

7. POWERS OF THE FEDERAL COURTS
Section One

8. History of Branch
• The Supreme Court
played a minor role
until Chief Justice John
Marshall (1801-1835).
• His leadership helped to
increase the power of
the Court

9. Jurisdiction of the Courts
Definition:
• The authority or subject
area that a court can hear
a case about.
• Example: Break a federal
law, go to a federal court
(robbing a bank).
• Example: Break a state
law, go to a state court
(speeding).

10. Powers of the Federal Court System
Federal Courts
1. Federal Law
2. Treaties with foreign nations
3. Bankruptcy
4. Admiralty or maritime law
5. Foreign diplomats or foreign
governments
6. Two or more state governments
7. The United States government
8. Citizens of different states
9. A state and a citizen of a different
state
10. Land grant claims of different
states
Supreme Court Power:
1. Interpret the Constitution
2. Determine the
constitutionality of state
laws
3. Uphold regulatory laws
4. Protect civil liberties
5. Influence public policy

11. Types of Jurisdiction
• Concurrent– cases can be tried in either federal or state court.
• A common type of concurrent jurisdiction: is “Diverse
Citizenship” –dispute involving citizens of different states.
• Federal District Courts may hear these if over $75,000 is
involved.
• Defendant can have the trial moved from the Plaintiff’s state to
a federal district court.
• Example: Land dispute between people from different states.

12. Types of Jurisdiction
Original– court with the
authority to be the 1st
to hear a case
Usually found within
District courts and are trial
courts, where original
jurisdiction takes place,
trails are held, and juries
may be impaneled.

14. US
Supreme Court
9 Justices
D.C.
Original and appellate
Fewest cases
80-150/year
US Court of Appeals
12 Courts (3 judge panel)
Appellate
US District Court
94 Courts (judge and 2 types of juries:
1. grand - indicts
2. petit - determines guilty or innocence)
Original
Most cases

15. Marbury V. Madison
• Created the concept of
“judicial review” which
allows the Supreme
Court to declare the
actions or Acts of
Congress as
unconstitutional
• 9-0, Chief Justice John
Marshall
• Without this ruling, a
Supreme Court and
some say Checks and
Balances do not exist…

16. LOWER FEDERAL COURTS
Section Two

18. Federal District Courts
• Created by Congress in
1789 to serve as trail
courts
• 94 district courts; with
646 judges
• 2 Judges per district
• Usually preside alone
• Handle over 300,000
cases
Examples:
• Bank robbery
• Mail fraud
• Counterfeiting
• Tax evasion
• Bankruptcy
• Civil rights

19. Federal Court of Appeals
• Created by Congress in 1891, 3
judge panel
• Relieves the Supreme Court of
burden of hearing all appeals
• Currently 13 courts of appeals: 12
judicial circuits (regions) and 1
for national jurisdiction
• 179 circuit judges, 55,000 cases a
year
• May uphold, overrule, or
modify the decision being
appealed
• No trail, no testimony of
witnesses, panel of judges is
looking for errors in procedure
of law

20. U.S. COURTS OF APPEALS

21. Legislative Courts/Special Courts
1. US Court of Federal Claims (you suing the federal government)
2. Territorial Courts (land owned by U.S. like Guam)
3. Courts of the District of Columbia (court for people in D.C.)
4. US Tax Court (any violation of federal tax laws)
5. US Court of Appeals for Armed Forces (military has own set of laws,
so they need their own court – appeals from JAG)
6. US Court of Appeals for Veterans Claims (if a veteran loses a service,
this is where they appeal their case – like Agent Orange cases)
7. Court of International Trade- Civil cases arising out of tariff and
other trade-related laws

22. APPOINTING JUDGES
Article II, Section II, Clause
II – Supreme Court
appointment process:
Says that “the President
shall nominate and by
and with the advice and
consent of the Senate
shall appoint…Judges of
the Supreme Court.”

23. THE SUPREME COURT
Section Three

24. Introduction
• Supreme Court is the
ultimate court of
appeals in the United
States.
• They are the the final
authority in any case
involving the
Constitution, acts of
Congress, and treaties
with other nations

25. Introduction Cont.
• Their power to hear a case is
discretionary, no required to
hear all cases
• If they chose to not hear a
case, they do not have to give
any rationale for why they
have chosen not to hear the
case…but sometimes they do.
• Until 1891, justices spent
much of their time riding the
circuit, or traveling to hold
court in their assigned regions
of the country.

26. Supreme Court Jurisdiction
• Has both original and
appellate jurisdiction
• Article 3, Section 2 sets
courts original
jurisdiction and covers
two types of cases:
1. Representation of
foreign government
2. State is a party.

27. Session
• First Monday of October
each year and usually
continues in session
through June.
• Receives and disposes of
approximately 5-9,000
cases a year.
• Cases are heard with all the
Justices sitting together in
open court.
• Each year the Supreme
Court hears about 150
cases of national
importance and 3/4ths of
such decisions are
announced in full published
opinions.

28. Term and Salary
For Constitutional Courts their
term is LIFE
• Until judge resigns, retires,
or dies
• Can be removed through
impeachment (13
impeached, 7 of them
removed)
• Salary is same and set by
Congress and can not be
decreased during their term
in office.

29. Justices and their Duties
• His/her main duty is
hear and rule on cases
1. Deciding which cases
to hear
2. Deciding the case
itself
3. Determining an
explanation for the
decision, called the
Court’s opinion

30. U.S. Supreme Court Justices

31. • Chief Justice
• Born in 1955
• J.D. Harvard Law
• U.S. Court of Appeals
for DC in 2003 (GWB)
• George W. Bush
nominated him C.J in
2005 [78-22]
• Roman Catholic

32. • Associate Justice
• Born in 1950
• J.D. Yale
• U.S. Court of Appeals
3rd Circuit in 1990
(GHWB)
• George W. Bush
nominated in 2006
[58-42]
• Roman Catholic

33. • Associate Justice
• Born in 1938
• LL.B. Harvard
• U.S. Court of Appeals
D.C. in 1980 (Carter)
• Bill Clinton nominated
him in 1994 [87-9]
• Jewish

34. • Associate Justice
• Born in 1948
• J.D. Yale
• U.S. Court of Appeals
D.C. in 1980 (GHWB)
• George H.W. Bush
nominated him in
1991 [52-48]
• Roman Catholic

35. • Associate Justice
• Born in 1936
• LL.B Harvard
• U.S. Court of Appeals
9th Circuit in 1975
(Ford)
• Ronald Reagan
nominated him in
1988 [97-0]
• Roman Catholic

36. • Associate Justice
• Born in 1933
• LL.B Columbia
• U.S. Court of Appeals
D.C. in 1980 (Carter)
• Bill Clinton nominated
her in 1993 [96-3]
• Jewish

37. • Associate Justice
• Born in 1954
• J.D. Yale
• U.S Court of Appeals
2nd Circuit in 1998
(Clinton)
• Barack Obama
nominated her in
2009 [68-31]
• Roman Catholic

38. • Associate Justice
• Born in 1960
• J.D. Harvard
• U.S. Court of Appeals
(expired)
• Solicitor General
represents U.S.
Government
• Obama nominated
her in 2010 [63-37]
• Jewish

39. IMPORTANT SUPREME COURT CASE

40. Marbury v. Madison 1803
• ” Created the concept
of “judicial review
which allows the
Supreme Court to
declare the actions or
Acts of Congress as
unconstitutional
• 9-0, Chief Justice
John Marshall
• Without this ruling, a
Supreme Court and
some say Checks and
Balances do not
exist…

41. Plessy v. Ferguson 1896
• Established the
“separate but equal”
doctrine making public
segregation of Blacks
and Whites legal. [8-1]
• If facilities for both races
were equal, they could
be separate.
• Impact-
• Legalized separation of
everything
• Schools, public buildings,
hotels, etc.

42. Miranda v. Arizona, (1966)
In Miranda v. Arizona, (1966) the issue of police
interrogation and rights of the accused came to
the forefront. The Supreme Court addressed four
similar cases at once. In all cases, the defendant
was questioned in a room cut off from the rest of
the world under intense pressure and other
uncomfortable circumstances. In all four cases,
the defendants admitted to the crime, and in
three of the cases the defendants signed written
confessions that were used as evidence in their
respective trials. In the case of Miranda, his
confession led to a conviction for kidnapping and
rape and 20-30 years in prison for each count.
Here is the question facing the court

43. Miranda v. Arizona, (1966)
In a 5-4 decision, the court ruled in favor of
Miranda, saying that Miranda’s constitutional
rights under the Fifth Amendment were violated
in obtaining the confession. The majority
decision felt that, since the police pressured him
into a confession without Miranda knowing his
rights, the confession should not have been
admissible as evidence in his trial. Furthermore,
the court felt that a defendant “must be warned
prior to any questioning that he has [rights]”.
These rights include the right to remain silent,
right to an attorney, and so on. This new policy
is known as reading a suspect their “Miranda
Rights”. Miranda had a retrial without the
confession included as evidence and was
convicted again anyway.
You have the right
to remain silent…
Anything you say
can and will be
used against you in
a court of law…
You have the right
to an attorney… If
you cannot afford
an attorney, one
will be appointed
for you prior to
any questioning if
you so desire.

44. Brown v. Board of Education, (1954)
The Brown v. Board of Education, (1954) is
arguably one of the top three most
important and most famous cases in U.S.
History. At issue was the constitutionality of
segregation, a topic that the Supreme Court
already decided in 1896 (Plessy v. Ferguson).
Oliver Brown was one of 13 parents who
filed a class action lawsuit against the Board
of Education of Topeka Kansas. Their 20
children (collectively) were all African-
American and forced to attend the
segregated school about a mile away when
there was a white only school just blocks
from their homes.

45. In a unanimous 9-0 decision, the Earl Warren
Court overturned Plessy v. Ferguson from 58
years earlier and found that state-sponsored
segregation was unconstitutional. The
“separate but equal” policy that was earlier
ruled to have upheld the equal rights clause
of the Fourteenth Amendment could never
truly be offer equal accommodations to
blacks, ruled the court. The court decided,
but had little to no power in carrying out the
eradication of Jim Crow (segregation) Laws.
This decision allowed for the Rosa Parks
arrest to play out as it did (1955) and was one
of many catalysts for the Modern Civil Rights
Movement.

46. Who were the justices of the supreme
court?
Earl Warren (Chief Justice)
Hugo Black
Stanley F. Reed
Felix Frankfurter
William O. Douglas
Robert H. Jackson
Harold H. Burton
Tom C. Clark
Sherman Minton
Earl Warren

47. Who were the justices of the supreme
court?
Earl Warren (Chief Justice)
MAJORITY
Hugo Black MAJORITY
Stanley F. Reed MAJORITY
Felix Frankfurter MAJORITY
William O. Douglas MAJORITY
Robert H. Jackson MAJORITY
Harold H. Burton MAJORITY
Tom C. Clark MAJORITY
Sherman Minton MAJORITY
Earl Warren

48. Roe v. Wade 1972
• Legalized the right of
women to an abortion
under certain
circumstances. States
were allowed to regulate
in later trimesters.
“Viability” is the
determining factor.
• Chief Justice Warren
Burger [5-4]
• Impact-
• Pro-Life
• Pro-Choice
• Mother’s rights v.
Child/Fetus’ rights

49. Citizens United v. FEC (2010)
• Dealing with the regulation
of campaign spending by
organizations.
• The United States Supreme
Court held that the First
Amendment prohibited the
government from
restricting independent
political expenditures by a
nonprofit corporation.

50. Mapp V. Ohio
• Evidence obtained in
violation of the Fourth
Amendment, which
protects against
"unreasonable searches
and seizures," may not
be used in state law
criminal prosecutions in
state courts,

51. Gideon v. Wainwright
• states are required
under the Fourteenth
Amendment to the U.S.
Constitution to provide
counsel in criminal
cases to represent
defendants who are
unable to afford to pay
their own attorneys.

52. Lloyd Corp, Ltd. V. Tanner
• was a United States
Supreme Court case
concerning free speech
rights on private
property.

53. Hazelwood v. Kuhlmeier
• held that public school
curricular student
newspapers that have
not been established as
forums for student
expression are subject
to a lower level of First
Amendment protection.

54. Engle v.
Vitale,
(1962)
In Engle v. Vitale, (1962) the issue of
mandatory prayer in public school was
addressed. In this case, a New York state
law required public schools to start each
day with the Pledge of Allegiance and a
nondenominational prayer that mentioned
a dependence on an “Almighty God”. It was
mandatory for schools to do it each day,
but not necessarily mandatory for students
to participate (students had the option not
to participate if they objected. A parent
(Engel) sued the state, arguing that the law
violated the establishment clause of the
first amendment. The question at hand
was straightforward. Can a public school
open the school day with a prayer?

55. Engle v.
Vitale,
(1962)Text from the First Amendment…
“Congress shall make no law
respecting an establishment of
religion, or prohibiting the free
exercise thereof; or abridging the
freedom of speech, or of the press;
or the right of the people peaceably
to assemble, and to petition the
Government for a redress of
grievances.”

56. In an 8-1 ruling, the Supreme Court sided
with Engel (the parent), agreeing that the use
of prayer to open the school day was a
violation of the Establishment Clause of the
First Amendment. The clause states,
“Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof”. The majority (the
judges who ruled in favor of Engel) said that,
even though students could choose non-
participation, the purpose of the
Establishment Clause was to keep
government from interfering with religion.
Even though most Americans believed it God
at the time, this was promoting certain belief
systems over others, and therefore
unconstitutional.

57. Who were the justices of the supreme court?
Earl Warren (Chief Justice)
Hugo Black
Felix Frankfurter
William O. Douglas
Tom C. Clark
John M. Harlan II
William J. Brennan, Jr.
Potter Stewart
Byron White
Earl Warren

58. Who were the justices of the supreme
court?
Earl Warren (Chief Justice)
MAJORITY
Hugo Black MAJORITY
Felix Frankfurter MAJORITY
William O. Douglas CONCURRENCE
Tom C. Clark MAJORITY
John M. Harlan II MAJORITY
William J. Brennan, Jr. MAJORITY
Potter Stewart DISSENT
Byron White MAJORITY
Earl Warren

59. New Jersey v. T.L.O., (1985)
In New Jersey v. T.L.O, (1985) a decision was
made regarding the constitutionality of
searching students in public high schools. In
this case, T.L.O. was found in possession of
cigarettes after being caught smoking in the
bathroom and brought to the office. In the
searching of her purse, she was also found in
possession of marijuana and other drug
paraphernalia. Here was the big question.
Where is the line between a child’s Fourth
Amendment right to privacy and a school’s
right to maintain order and a drug-free
environment? And here was the specific
question facing the court.

60. In a 6-3 decision, the court ruled in favor of
New Jersey, agreeing that the search was
reasonable and did not violate T.L.O.’s Fourth
Amendment right protecting against illegal
search and seizure. The majority wrote that
the principal had reasonable suspicion that a
school rule may have been broken by her
being caught smoking in the bathroom,
therefore it was reasonable for him to search
the contents of her purse. While searching the
purse, more incriminating evidence was in
plain view, therefore no “warrant” (as
prescribed in the Fourth Amendment) was
necessary. This ruling has guided
administrators around the country in
performing legal searches and maintaining
order on campuses.

61. SUPREME COURT DECISION
MAKING
Chapter 12

62. The Court’s Procedures
During two week sessions,
justices hear oral
arguments
The justices consider
arguments in cases they
have heard and petitions
from plaintiffs and then
write opinions for cases
they have decided.
Justices’ written opinions
interpret the law and help
shape public policy.
Opinion-written
statement on a cases they
have already decided.

63. Selecting Cases
• “Rule of Four”- only
four of nine justices
need to agree to hear a
case

64. Chapter 12: Steps in
Deciding Major Cases

65. The Court’s Procedures
The justices listen to oral
arguments by lawyers on each
side of the cases before them.
Later they announce their
opinions on cases they have
heard. The Court hears oral
arguments from Monday through
Wednesday. On Wednesdays and
Fridays the justices meet in secret
conferences to decide cases.
opinions—written statements on
cases they have already decided.

66. How Cases Reach the Court
The main route to the
Supreme Court is by a writ of
certiorari an order from the
Court to a lower court to send
up the records on a case for
review. The party seeking
review petitions the Court for
certiorari and must argue
either that the lower court
made a legal error in handling
the case or that the case raises
a significant constitutional
issue.

67. The Solicitor General
Close to half of the cases
decided by the Supreme
Court involve the federal
government in the suit.
The solicitor general is
appointed by the
president and represents
the federal government
before the Supreme
Court.

68. Step One: Submitting Briefs
• Brief- written
statement setting
forth the legal
arguments, relevant
facts, and precedents
supporting one side of
a case

69. Selecting Cases
When the justices accept a
case, they also decide whether
to ask for more information
from the opposing lawyers or
to rule quickly on the basis of
written materials already
available. If the Court rules
without consulting new
information, the ruling may be
announced with a per curiam.
a brief, unsigned statement of
the Court’s decision.

70. Step 2: Oral Arguments
• After briefs lawyers
from each side present
oral arguments before
the court Monday-
Wednesday
• They usually last 30
minutes

71. Step Three: The Conference
• Justices meet
Wednesday and Fridays
• A tradition is they shake
hands
• The conference
meetings are secret
• A majority must be in
agreement to decide a
case, and at least 6
must be present.

72. Step Four: Writing the Opinion
• States the facts of the
case, announces the
Court’s ruling, and
explains its reasoning in
reaching the decision
1. Unanimous- all justices
vote the same way.
2. Majority- expresses the
views of the majority of
the justices on a case
3. Concurring- Agree with
majority’s decision but
have a different reason
why
4. Dissenting- opinion of
justices on the losing
side in a case

73. INFLUENCING COURT DECISIONS
Section Three

74. Factors of Influence
1. Existing Laws
2. Personal views of the
justices
3. The justices’
interactions with one
another
4. Social forces and
public attitudes
5. Congress and the
President
• Law is the foundation
for deciding a case.

75. Bloc- coalition of justices,
exist on the Court on
certain kinds of issues.
Swing votes-the deciding vote

76. LEGAL TERMS
Judicial Branch

77. Plaintiff
The person(s) bring a case
forward for the courts to
review.
Defendant
The person(s) that the case is
being brought against

78. Verdict
Acquittal a judgment that a
person is not guilty of the
crime with which the person
has been charged.
Conviction a formal
declaration that someone is
guilty of a criminal offense,
made by the verdict of a jury
or the decision of a judge in
a court of law.

79. Double Jeopardy
• forbids a defendant
from being tried again
on the same (or similar)
charges following a
legitimate acquittal or
conviction.

80. Bail
• Money paid to get a
person out of jail while
on trial.

81. Symbolic Speech
• law used to describe
actions that
purposefully and
discernibly convey a
particular message or
statement to those
viewing it.

82. Establishment Clause
• The U.S. cannot have an
official religion
Countries with Official
Religion
1. Costa Rica
2. Most of the Middle
East
3. Thailand
4. Israel

83. Not Protected
• Obscenity
• Fighting words
• Defamation
• Child pornography
• Perjury
• Blackmail
• Incitement to imminent
lawless action
• True threats
• Solicitations to commit
crimes