The Judicial Branch Federal Court Structure U S

The Judicial Branch

Federal Court Structure U. S. Supreme Court U. S. Courts of Appeal U. S. District Courts

Jurisdiction is the ability of a court to hear a case. Original Jurisdiction is the ability of a court to hear a case first hand—trial courts. Appellate Jurisdiction is the ability of a court to review a lower court’s decision. Discretionary Jurisdiction is the ability of a court to choose its cases.

Civil vs. Criminal • Civil cases deal with a dispute where no law has been broken. • Criminal cases deal with someone accused of violating the law

Legislative vs. Constitutional Courts-have broad jurisdictionsex-Supreme Court, District Courts, Courts of Appeal -judges/justices serve life term-appt. by Pres/approved by Senate

Legislative vs. Constitutional Court Legislative Courts were created to hear specific cases, they have a very narrow jurisdiction ex-U. S. Tax Court, Military Court of Appeals -judges serve term of office, also appt. by Pres/approved by Senate

U. S. Supreme Court • Jurisdiction- mainly appellate- from federal courts, also from state supreme courts -also has original jurisdiction if a state is involved in the case or an ambassador or foreign minister

Justices The number of SC Justices is set by Congress. They are all appt. by the Pres & approved by the Senate and serve for life. Things the Pres. considers- ideology, race/sex, experience, getting Senate approval. Interest groups involved in confirmation process.

CURRENT COURT Antonin Scalia- C- 1986 - Reagan— 76 yrs old (1936) Harvard law Anthony Kennedy- C- 1988 - Bush – 76 yrs. old (1936) Harvard law Clarence Thomas- C- 1991 - Bush— 64 yrs old (1948) Yale law Ruth Bader Ginsberg- L- 1993 - Clinton— 79 yrs old (1933) Columbia law

Stephen Breyer- L- 1994 - Clinton— 74 yrs old (1938) Harvard law **John Roberts- C- 2005 - Bush— 57 yrs old (1955) Harvard Law Samuel Alito- C- 2006 - Bush— 62 yrs old (1950) Yale law Sonia Sotomayor- L-2009 -Obama— 58 (1954) Yale Law Elena Kagan, L-2010 - Obama— 52 (1960) Harvard Law Chief makes $223, 500, Assoc. $213, 900

How a case gets to the Supreme Court Writ of Certiorari Rule of 4 Appeal

Why the SC takes a case? ? -The case is about a Constitutional issue. -To settle a disagreement between the U. S. Courts of Appeal -Because it’s an issue Justices are interested in -Because the Solicitor General recommends it

Solicitor General • The Solicitor General is often called the 10 th Justice. He’s the attorney for the U. S. if the country is involved in a case before the SC. He advises the court on cases he thinks they should accept.

Opinions of the Court When the Court hears a case, they usually schedule oral arguments & each side gets 30 min. to argue their case. The Justices may interrupt with questions. It’s up to the Chief Justice to call for a vote & when they do, if he’s in the majority, he usually write the majority opinion.

Opinions of the Court Majority Opinion- what the case was about, who won & WHY!!! Concurring Opinion- written by a Justice that agrees with the majority for a different reason. Dissenting Opinion- written by a Justice in the minority about why the Court was wrong.

Funky Latin Terms Stare Decisis- when the Court agrees with an earlier opinion—ex- the Court hasn’t overturned Roe V. Wade. Per Curium Decision- when the Court announces the decision in a case without explanation—no why, so not useful to lower courts. Amicus Curiae Brief- information given to the Court by a group not directly involved in the case.

Judicial activism vs. restraint Judicial Activism- when the Court overturns earlier decisions—ex- Dred Scott Case Judicial Restraint- the Court upholds earlier decisions- stare decisis