Chapter 7 The Judicial Branch Lesson 1 Federal

Chapter 7 The Judicial Branch

Lesson 1: Federal Courts Pages 218 -222 Vocabulary (4) 1. dual court system 2. jurisdiction 3. exclusive jurisdiction 4. concurrent jurisdiction

-The courts -Courts settle criminal and civil cases -Can declare laws unconstitutional

Role of the Federal Courts -to make sure the laws are enforced fairly -to interpret the law. -people accused of crimes appear in court for a trial -witnesses give evidence -judge decides innocent or guilty -a conflict occurs and both sides appear in court and give their views -court applies laws to facts given and makes a decision

Role of the Federal Courts � In civil cases, courts use the law to settle civil disputes. both sides come before a court. Each side lays out its view. The court applies the law to the facts that have been presented. ◦ Then it decides in favor of one side or the other. ◦ ◦ �A civil dispute is a conflict between: ◦ two private parties (people, companies, or organizations) ◦ a private party and the government ◦ the U. S. government and a state or local government Federal courts decide criminal and civil cases that involve federal laws.

Origin of the Federal Court System � Under the Articles of Confederation, the country had no national court system. � Each state had its own laws and courts. � Citizens were not guaranteed equal justice in all the states. � To solve these problems the Founders decided to create a federal judiciary. � Article III of the Constitution created a national Supreme Court. ◦ It gave Congress the power to set up a system of lower courts.

-Constitution created national Supreme Court and gave Congress power to set up lower courts D-hear minor civil and criminal cases C-serve as trial courts -It is the final court of appeal -State courts get power from STATE constitution and laws -Federal courts exist to make certain people in EVERY state are treated equally

Origin of the Federal Court System � Congress set up two kinds of lower federal courts: district courts and circuit courts. � District cases. courts heard minor civil and criminal ◦ They served as the trial courts for specific geographic areas. � Circuit courts took more serious cases and heard appeals from the district courts. ◦ An appeal is when a person asks a higher court to review a case. ◦ In 1891, Congress made circuit courts solely courts of appeals.

Dual Court System � � Each state also has laws and a court system. The state courts and federal courts exist side by side. ◦ This gives our country a dual court system. � � � The federal courts get their powers from laws passed by Congress. The state courts get their powers from state constitutions and laws. The federal courts make sure citizens in every state are treated the same. Each person is presumed, or thought to be, innocent until proven guilty. To make sure all citizens have equal justice, the Constitution gives every accused person the right to a public trial. If the accused cannot pay for a lawyer, the court will provide one.

Origin of the Federal Court System � The district courts at the lower level are trial courts. � The circuit courts in the middle are appeals courts. � The Supreme Court, the court of final appeal, is at the top. Supreme Court ________ Circuit Courts Appeals Courts _________ District Court Trial Courts 3 2 1

Jurisdiction � Most court cases involve state laws and are tried in state courts. � The Constitution gives federal courts the power to hear certain kinds of cases, however. ◦ The authority to hear and decide a case is called jurisdiction. � In most of these areas, federal courts have exclusive jurisdiction. ◦ Only federal courts can decide on these cases. � Other cases are under the state court jurisdiction.

-The authority to hear and decide a case -the Constitution -federal laws -disputes between the states -Interstate disputes -accidents or crimes at sea -disputes between U. S. and foreign gov - When both federal and state courts can hear and decide a case - EX-a crime breaks state and federal laws

Lesson 2: The Federal Court System Pages 223 -228 Vocabulary (8) 1. original jurisdiction 2. appellate jurisdiction 3. ruling 4. opinion 5. precedent 6. litigant 7. tenure 8. subpoena

The Lower Courts � The federal court system has three levels. � District courts are at the lowest level. � These courts have what is called original jurisdiction. ◦ This is the authority to hear cases for the first time. � Most federal cases begin in a U. S. district court. ◦ There are 94 district courts. ◦ Every state has at least one. � District courts hold both civil and criminal trials. ◦ Juries listen to witnesses and decide guilt or innocence based on evidence. ◦ People who lose a case in district court may appeal it to a federal appeals court. ◦ This means they can ask a higher court to review and possibly change the result of the trial.

Circuit Courts of Appeals -The authority to review the fairness of a case appealed from a lower court -lawyer thinks a district court judge made a mistake -new evidence becomes available -Federal appeals courts that have jurisdiction in an area -There are 12 -It is a 13 th appeals court that has nationwide jurisdiction Ex. -patent law, int’l trade

Rulings � Appeals courts do not have trials. ◦ Judges make the decisions, called rulings. � Three or more judges review each case. � They listen to the lawyers’ arguments. � Then they meet and vote on how to rule. � They can choose to do the following: ◦ uphold, or keep the original decision made by the district court ◦ reverse the district court’s decision ◦ remand the case �To remand the case means to send the case back to the lower court to be tried again.

Opinions � Appeals court judges do not decide guilt or innocence; rather, they rule only on whether the trial was fair. ◦ Appeals court rulings may be appealed only to the Supreme Court. � When an appeals court makes a ruling, one judge writes an opinion for the court. � The opinion explains the legal thinking behind the court’s decision and is an example to be followed by other judges. ◦ Such an example is called a precedent. ◦ A precedent does not have the force of law, but it is a powerful legal argument.

Principles of the Legal System � Since early in the nation’s history, the federal courts have followed certain guiding ideas. ◦ Judges or justices cannot decide a question of law by seeking out a lawsuit. �They have to wait for litigants to file lawsuits. �Litigants are people involved in a lawsuit. � The principle of precedent is another guiding idea.

Federal Judges � Federal judges make the final decisions in the federal court system. ◦ There are more than 650 federal judges in the district courts. � Each district court has at least two judges. � Each appeals court may have between 6 and 28 judges. � The U. S. Supreme Court has nine judges, called justices.

-The President has the power to appoint federal judges but the Senate approves them -They have tenure so they can make difficult decisions without outside pressure -they help the district court judges by doing routing jobs ex-issue warrants They prosecute people accused of breaking federal laws and represent U. S. in civil cases. -they keep order in the courts, make arrests and serve subpoenas

Lesson 3: The Supreme Court Pages 229 -234 Vocabulary (3) 1. judicial review 2. constitutional 3. nullify

Jurisdiction and Duties � The United States Supreme Court is the highest court in the land. ◦ All other courts must follow its decisions. � The Supreme Court is also the final authority in all cases involving the Constitution, acts of Congress, and treaties with other countries.

Jurisdiction and Duties -9 Justices that serve for life -To decide whether laws are allowed under US Constitution -In cases involving diplomats from other countries and in disputes between states -Constitution does not have any specific requirements for Supreme Court Justices

Jurisdiction and Cases � The Supreme Court has original jurisdiction in only two kinds of cases. ◦ It can hear cases that involve diplomats from other countries. ◦ It can also hear cases that involve disputes between states. � In all other cases, the Supreme Court hears appeals from lower courts. � Each year thousands of cases are appealed to the Supreme Court. ◦ The justices choose the ones they will hear. ◦ After deciding a case, the Court issues a written opinion. ◦ When the Court refuses to hear a case the decision of the lower court stands.

Qualifications of Justices � The Constitution does not list any specific requirements for a Supreme Court justice. � Before joining the Court, many justices were lawyers, educators, or lower court judges. � Supreme Court justices have their jobs for life.

Powers and Limits �A key power of the Supreme Court is the power of judicial review. ◦ This is the power to review any federal, state, or local law or action to see if it is constitutional. � The Court may decide that a law or action is unconstitutional. � In that case the Court has the power to nullify, or cancel, that law or action.

-The power to review any federal, state or local law or action to see if it is constitutional -The case established the Supreme Court’s power of judicial review overstates -The case established the Court’s power of judicial review over laws passed by Congress

-Congress can pass a new law or amend the Constitution -Court can only hear and rule on cases that come through the courts -It can only hear cases that deal with a federal question -It can simply not enforce the Supreme Courts rulings

Lesson 4: Supreme Court Procedures and Decisions Pages 236 -241 Vocabulary (8) 1. writ of certiorari 2. docket 3. caseload 4. brief 5. stare decisis 6. concurring opinion 7. dissenting opinion 8. unanimous opinion

Court Procedures � The Supreme Court meets each year for about nine months. � Each term begins the first Monday in October and ends in the summer. � Sometimes special sessions are called to handle a serious matter. � The Supreme Court carefully chooses the cases it will hear. � The justices also look for cases that deal with real people and events. ◦ They look for cases that affect the whole country, rather than one person or group.

-cases that raise constitutional questions. Ex-freedom of speech, equal protection of the laws, the right to a fair trial - An order to a lower court to send its case records to the Supreme Court for review. -Calendar of cases to be heard.

Caseload � Almost all cases reach the Supreme Court on appeal from a lower court. ◦ Most appeals come to the Court as a petition, or request, for a writ of certiorari. ◦ The justices receive about 10, 000 petitions, or requests, for writ of certiorari each term. ◦ Of these, the Court accepts 75 to 80 cases. � The Court accepts a case when four of the nine justices agree to do so. � The accepted cases go on the Court docket, or calendar of cases to be heard. � The number of cases handled in a period of time is called the caseload.

How the Court’s Rulings Are Made 1. Lawyers for each side write a brief. 2. Justices study briefs and ask questions. 3. Lawyers give oral arguments. 1. Majority opinion 2. Concurring opinion 3. Dissenting opinion 4. Unanimous opinion -Using earlier rulings as a basis for deciding cases -Precedent

How the Court’s Rulings Are Made � First, the lawyers for each side in a case write a brief. ◦ A brief is a written document that explains one side’s position, or point of view, on the case. ◦ The two parties study each other’s briefs and then give a second brief to the Court. ◦ The second brief is shorter and answers the arguments made in the first brief by the other side. ◦ Then, justices study the briefs and ask questions. Next, each side is given 30 minutes to present oral arguments before the Court. � The justices then meet to make decisions about the cases. � ◦ The meetings are secret. ◦ No official records are kept. At least six justices must be present to vote on a ruling. � A majority vote decides a case. �

Factors Influencing Decisions � Justices are guided by a principle called stare decisis. ◦ In Latin this means “let the decision stand. ” ◦ In other words, follow precedent. � However, the law must also be able to change with the times. � The Supreme Court has the power to overturn outdated decisions. � In Brown v. Board of Education, the Court overturned an earlier decision that supported segregation laws. � In that case, the Supreme Court changed its interpretation of the law to reflect changes in society.

Writing Opinions � � � When the Court has reached a decision, one justice writes the opinion for the majority stating the facts of the case and gives the ruling. The Court’s written opinion sets a precedent for the lower courts to follow. Sometimes a justice agrees with the majority decision but for different reasons. ◦ They write a concurring opinion. � Justices might also disagree with the majority decision. ◦ They write a dissenting opinion. � Sometimes all the justices vote the same way. ◦ Then the Court issues a unanimous opinion. � � � After the opinions are drafted, the justices review it and comment on the draft. The justice writing the opinion takes their comments into account as he or she revises the opinion. Once the draft is final the Court announces its decision.

Federal Court System