Judicial Branch Notes Origins of Law: Natural lawsocial contractwritten law King Hammurabi- from Babylon in 1700s.

Oldest record of written laws are from him. I. The Courts A. Established by Article 3 of the Constitution. Only Congress can create the courts. B. The Judiciary Act of 1789 created three levels of courts. 1. District 2. Appellate 3. Supreme C. Structure 1. At the federal level, there are three sections of constitutional courts: i. District courts a. 94 courts (1-4 per state) b. 665 judges and they hear 300,000 cases per year (80% of the federal case load) c. Have original jurisdiction over cases in their geographic area d. Every case comes before a judge and jury, but the jury is optional. e. Verdicts may be appealed to a higher court f. Most cases end in the district court ii. Appellate Courts a. 13 courts in 11 districts (circuits) b. They have appellate jurisdiction which means they only hear cases that have been appealed from the district courts. c. 1/3 of district court cases are appealed. Only 1/5 of those are actually heard by the appellate courts. d. There are 6-28 judges per court, no juries iii. Supreme Court (Well get to it later) iv. Special courtsMarshall Courts (Military), Federal Claims Court, and International trade court. **Their role: To handle the national cases, not geographic ones. Original vs. appellate jurisdiction *Original The court has the right to hear the first trial of a particular case. *Appellate The right to hear the appeal for certain cases. *District courts only original, appellate courts only have appellate, and Supreme court has both appellate and original jurisdiction. D. Interpretation of Law 1. Two waysEither Strict or Loose constructionist Criminal vs. civil lawCriminal is a crime against the state. Civil law usually involves litigation. Person vs. person

II. Judges A. Appointment process 1. The President appoints all federal court judges. a. They all must be confirmed by the Senate 2. The President nominates someone who is recommended by a senator. Senatorial courtesy-3. No formal requirements, but law degree, experience, and education are considered. 3. The President picks people who share in his political beliefs. B. Terms 1. Lifetime appointment 2. Pros and Cons a. Pros People have no say (judges make own decisions about whats right), experienced, allows them to be independent, impeaching possible. b. Cons People have no say, no new viewpoints, wait to retire until a similarly minded president is in office. 3. Pay a. Federal: $145,000 b. Appellate: $175,000 c. Supreme Court: $203,000 d. Chief Justice: $212,000 III. Supreme Court A. Make-up and history: Created by Judiciary Act of 1789. 9 Justices, 1 is the Chief Justice. B. Judicial ReviewThe power of the court to determine whether laws are constitutional. *Marburry vs. Madison C. CasesHow many and what types? 1. 100 cases per year, all dealing with Constitutional Law, state disputes Writ of certiorari- The court agrees to hear your case. Docket- The schedule of cases the Supreme Court hears. D. Opinions Majority- The one that wins and takes effect. Dissent- The ones who disagree. Concurring- Agree with the majority, but for a different reason. Precedentany court case that is used to guide future decisions of the court. Stare decisislet the decision stand.

Judicial restraint v. judicial activism Restraint keep things the same. Using the precedents (Plessy vs. Ferguson) Activism - make a change. (Brown vs. Topeka BOE) De jure vs. de facto law-De jure This is the actual law that is written down De facto law how things are in reality. Cases to know: Marbury v. Madison Brown v. BOE Tinker v. Des Moines Roe v. Wade Plessy v. Ferguson Miranda v. Arizona Mapp v. Ohio Gideon v. Wainwright E. Checks and Balances IV. US Law A. Common lawStatutory lawAdministrative lawB. Criminal law 1. Felony2. MisdemeanorReasonable doubtC. Civil law 1. Plaintiff2. DefendantBail v. bond IndictmentGrand juryAffidavitArraignment Petit jurySequesterSubpoenaHung juryD. Pleas 1

2 3 Plea bargainProbationParoleCapital punishmentAnd Finally. V. Kansas Court Structure---