Judicial Branch Article III Established the Supreme Court

Judicial Branch

Article III: Established the Supreme Court n Section I establishes the Supreme Court and gives Congress the authority to establish other courts as they see fit. n Section II specifies the judicial power of the Supreme Court and discusses the Court’s original and appellate jurisdiction n Section III defines treason, and mandates that at least two witnesses appear in such cases.

Judiciary Act of 1789: passed by Congress to set up structure of Judicial branch Supreme Court 1 Appellate Courts 13 District Courts (Trial Courts) 94

District Courts n Trial Court: court in which a case is originally tried (aka district courts) n Has original jurisdiction only

Federal Courts: District courts n Cases that involve: U. S. law Ø Ambassadors or reps. from foreign nations Ø Two or more state govts. Ø Citizens of different states Ø Bankruptcy Ø

Appellate Courts n This is when a person loses at the trial level and decides to appeal their case to a higher court n Appellate jurisdiction only

SCOTUS

Court’s Procedures n Only grants review to about 10% of cases appealed, those which inevitably will shape public policy

How a Case Reaches the Court n Writ of Certiorari: order from the court to a lower court to send up the records on a case for review Ø Either side may petition for one Ø 90% are rejected Ø If rejected, the lower court’s decision stands

Selecting Cases n Choose based on the rule of four: 4 of the 9 Justices must agree to accept the case

Steps in Deciding Cases n 1. Submitting Briefs ØWritten statement by lawyers setting forth the legal arguments, facts, and precedents supporting one side of a case ØAmicus curiae briefs: “friend of the court”, sent by parties not directly involved in the case but who have an interest in its outcome

Steps in Deciding Cases Oral Arguments n 2. ØEach side is allowed 30 minutes to present their case

Steps in Deciding Cases n 3. The Conference ØJustices meet together to discuss the case ØMajority of justices must be in agreement to decide a case ØAt least 6 justices must be present for a decision

Steps in Deciding Cases n 4. Writing the Opinion ØStates the facts of the case, announces the Court’s ruling, and explains its reasoning in reaching the decision ØThere are 4 types of opinions

Opinions n Unanimous n Majority – “Opinion of the Court” – Sets out facts of case and reason for their decision n Concurring – Agree with the majority but for a different reason as to why n Dissenting – Those who do not agree with the majority