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Government Honors

CHAPTER 7: THE JUDICIAL BRANCH

SECTION 1: THE NATIONAL


JUDICIARY

Zenger trial helping set up Freedom of


the Press through the courts prior to the
Revolution
Framers thought it was important for
federal judges be separated from public
pressures and coercion from the other
branches of government

Appointed
Serve for life

SECTION 1: THE NATIONAL


JUDICIARY

Article III set up Judicial branch and the


Supreme court

Congress set up inferior courts- lower


federal courts

Dual court system with the federal


court and state courts

SECTION 1: THE NATIONAL


JUDICIARY

2 types of federal courts


Constitutional Courts- judicial power of
the US
AKA- regular courts

Supreme Court
Inferior courts- lower federal courts (court of
appeals, district courts, and US Court of
International Trade)

Special Courts

SECTION 1: THE NATIONAL


JUDICIARY

Special Courts- do not exercise the broad


judicial power of the United States

Created by Congress to hear cases arising out


of some of the expressed powers given to
Congress
Narrower range of cases
Legislative courts
US Court of Appeals for Veterans Claims, The
US Court of Federal Claims, The US Tax Court,
territorial courts, Courts of DC

SECTION 1: THE NATIONAL


JUDICIARY

Constitutional Courts have most


jurisdiction in federal system

Jurisdiction- authority of a court to hear a


case
Given base on subject matter or the
parties involved in those cases

SECTION 1: THE NATIONAL


JUDICIARY

Subject matter:

Federal question- interpretation and


application of a provision in the
Constitution or federal statute or treaty

Or a question of admiralty or maritime law


(exclusive)

SECTION 1: THE NATIONAL


JUDICIARY

Parties:

US or ones of its officers or agencies


An ambassador, consul, or other official representative of a
foreign government
One of the 50 states suing another state, a resident of
another state, or a foreign government or one of its subjects
A citizen of one state suing a citizen of another state
An American citizen suing a foreign government or one of its
subjects
A citizen of a state suing another citizen of that same state
where both claim title to land under grants from different
states

SECTION 1: THE NATIONAL


JUDICIARY

Types of Jurisdiction:

Exclusive- only tried in federal courts

Ambassador and other officials of foreign


government
Federal crimes
Patent or copyright laws
Any other matter arising out of an act of
Congress

SECTION 1: THE NATIONAL


JUDICIARY

Concurrent Jurisdiction:

Share power to hear these cases


Disputes involving citizens of different
states
Can take trials to state courts but have the
option (under certain circumstances) to
move to federal courts

SECTION 1: THE NATIONAL


JUDICIARY

Original Jurisdiction: court of first instance


Appellate jurisdiction: hears a case on appeal
from a lower court

Do not retry cases- determine whether a trail court


has acted in accord with applicable law

Uphold, overrule, or in some way modify the decision


appealed from the lower court

District courts have original jurisdiction, Court of


Appeals have appellate Jurisdiction. Supreme
Court has both in different instances, but most
often appellate

SECTION 1: THE NATIONAL


JUDICIARY

Constitution sets no age, residence, or


citizenship requirements for federal
judges nor does it require that a judge
have a professional background in law

Selected by President and confirmed by


the Senate

SECTION 1: THE NATIONAL


JUDICIARY

Judicial restraint- believes that judges


should decide cases on the bases of:

Original intent of the framers


Precedent- judicial decision that serves as a
guide for settling later cases of similar nature

Judicial activism- broader view of judicial


power

Provisions in the Constitution and in statute law


should be interpreted and applied in the light of
ongoing changes in conditions and values

SECTION 2: THE SUPREME COURT

Only court specifically created by the


Constitution

Chief Justice and 8 associate justices


Congress sets the number

Judiciary Act of 1789- 6 justices


1801- reduced to 5
1807- to 7
1837- to 9
1866- to 7
1869- to 9

SECTION 2: THE SUPREME COURT

Final authority in any case involving


any question arising under the
Constitution, an act of Congress, or a
treaty of the United States
Most state and federal courts can
exercise the power of judicial review

Supreme court is just the final authority


Power not provided in the Constitution

SECTION 2: THE SUPREME COURT

Marbury v. Madison

Overturned a portion of the Judiciary Act of


1789
1st time declared act of Congress
unconsitutional

SECTION 2: THE SUPREME COURT

Jurisdiction of the Supreme Court:

Has both original and appellate jurisdiction


Original: state is a party and those
affecting ambassadors, other public
ministers, and consuls
Typically no more than a case or two each
term

SECTION 2: THE SUPREME COURT

Appellate Jurisdiction:

Most cases are denied


Able to set its own agenda

Writ of certiorari- an order by the court


directing a lower court to send up the
record in an given case for its review

Either party can petition the court to issue a writ


When certiorari is denied, the decision of the
lower court stands

SECTION 2: THE SUPREME COURT

Certificate- process used when a lower


court is not clear about the procedure
or therule of law that should apply in
case

Asks the Supreme court to certify the


answer to a specific question

SECTION 2: THE SUPREME COURT

Consider cases in 2 week cycles


Briefs- detailed written statements- filed by both
sides

Spell out legal positions built around relevant facts


and citation of precedents

Solicitor General- chief trial lawyer for the


federal government

Represents the US when federal government is a


party
Decides which cases to ask the Supreme Court to
hear on behalf of the federal government

SECTION 2: THE SUPREME COURT

Meeting in conference:

Presided by Chief Justice


Secret
1/3 of decision are unanimous

Court announces a decision once it has


been reached and releases written
opinions

SECTION 2: THE SUPREME COURT

Majority opinion- Opinion of the Court

Facts of the case


Issues it presents
Details the reasons that underpin the
majoritys decision
Sets precedent

SECTION 2: THE SUPREME COURT

Concurring Opinions:

On majority side
Make some point not in majority opinion

Dissenting Opinion:

Do no agree with majority opinion


Do not become precedent
Expressions of opposition-2

SECTION 3: THE INFERIOR COURTS AND THE SPECIAL


COURTS

50 states are divided into 89 federal districts

Each state forms at least one district


At least 2 judges are assigned to each district
Cases are typically heard by a single judge
Certain cases may be heard by a three-judge panel

Congressional districting or state legislative


apportionment questions
Civil rights act of 1964 questions
Voting Rights Acts of 1965, 1970, 1975, and 1982
Antitrust action

SECTION 3: THE INFERIOR COURTS AND THE SPECIAL


COURTS

Foreign Intelligence Surveillance Court

Meets in secret
Allows FBI and law enforcement to conduct
covert surveillance

Alien Terrorist Removal Court

If people identified as possible alien


terrorists should be remove from the
country

SECTION 3: THE INFERIOR COURTS AND THE SPECIAL


COURTS

District courts have original jurisdiction

Criminal cases- one which a defendant is tried


for committing some action the Congress has
declared by law to be a federal crime

The principal trial courts of the federal government

Federal government always a party in these cases


as prosecutor

Civil cases- involves some noncriminal matter

SECTION 3: THE INFERIOR COURTS AND THE SPECIAL


COURTS

Most of the time decisions at District


court are final

Few cases are taken to the court of appeals


Even fewer go directly to the Supreme
Court for appeal

SECTION 3: THE INFERIOR COURTS AND THE SPECIAL


COURTS

Court of appeals- created to ease the burden of


the Supreme Court hearing appeals from the
district court

Supreme court was 3 years behind on its docket- list


of cases to be heard

13 courts of appeals

6- 28 judges each (179 in all)


Justice of the Supreme court is assigned to each
Typically 3 judge panels
Occasionally court will sit en banc- all of the judges
on that court participating

SECTION 3: THE INFERIOR COURTS AND THE SPECIAL


COURTS

Court of Appeals only have appellate


jurisdiction

Jurisdiction of the 13th court is nationwide

Do not conduct trials or accept new


evidence

Review record, the transcript of


proceedings made in the trial court, and
they ponder the oral and written
arguments submitted by attorneys
representing parties to a case

SECTION 3: THE INFERIOR COURTS AND THE SPECIAL


COURTS

Court of International Trade: trade


court: created by Article III

9 judges
Federal trial court
All civil cases that arise out of the nations
customs and other trade-related laws
Judges sit in panels of 3

SECTION 3: THE INFERIOR COURTS AND THE SPECIAL


COURTS

Special/legislative courts: established by


congress- narrow jurisdiction
Judges on these courts serve on fixed terms
Military courts for each branch of the military

Courts-martial- special disciplinary needs of the


armed forces
Personnel are members of the military

Court of appeals for the armed forces

Civilian tribunal

SECTION 3: THE INFERIOR COURTS AND THE SPECIAL


COURTS

Court of Veterans Appeals

Court of Appeals for Veterans Claims


When individuals claim that the VA has
denied or otherwise mishandled valid
claims for veterans benefits

Military Commissions

Try unlawful military combatantssuspected terrorists


Currently debated

SECTION 3: THE INFERIOR COURTS AND THE SPECIAL


COURTS

Court of Federal Claims- holds trials throughout


the country, hearing claims for damages
against the federal government
Territorial Courts

Virgin Islands, Guam, Northern Mariana Islands


Function much like local courts in the states

District of Columbia Courts- much like the


courts in the states for DC
United States Tax Courts- hears civil but not
criminal cases involving disputes over tax laws

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