The Organization and Structure The Organization and Structure of the Judicial Branchof the Judicial Branch

As you read and highlight the excerpt from The Majesty of the Law,

Look for the following concepts:

Judiciary Act 1789 (content and effects)

State Courts vs. Federal Courts (structure, function and jurisdiction)

How does this structure represent the structure of the state and federal court system?

Now, let’s look at the federal judicial Now, let’s look at the federal judicial system from the ground upsystem from the ground up

What did the Judiciary Act of 1789 What did the Judiciary Act of 1789 create? create?

The Judicial System is made up of The Judicial System is made up of local, state, and federal courts that local, state, and federal courts that

decide cases. decide cases.

• Courts decide two types of cases– 1. Criminal– 2. Civil

Who participates in the Who participates in the Judicial System?Judicial System?

Plaintiff Defendant

Who participates in the Who participates in the Judicial System?Judicial System?

Judge Jury

The structure of the Federal Judicial The structure of the Federal Judicial System:System:

FEDERAL COURTS

What do you know about Federal What do you know about Federal District Courts?District Courts?

Trial Courts where almost all federal cases begin (original jurisdiction)

94 district courts– At least 1 in each state

Appointed by President, confirmed by Senate

What do you know about the U.S. What do you know about the U.S. Circuit Courts of Appeal? Circuit Courts of Appeal?

Appellate jurisdiction Reviews decision of

district court with panel of 3 judges– Can reverse decision,

let it stand or remand for new trial

13 circuit court of appeals

Which appeals circuit is Arizona in? Which appeals circuit is Arizona in?

What do you know about the Supreme What do you know about the Supreme Court of the United States? Court of the United States?

“Court of Last Resort” 9 Justices; ~100 cases/yr Original Jurisdiction

– Cases with ambassadors, fights between states

Appellate Jurisdiction– 99% of cases reviewed

from Ct. of Appeals or State Supreme Courts

Bell work- Discuss with a Bell work- Discuss with a partnerpartner

How is the federal judicial branch structured? Explain the different levels.

How can a case get to the US Supreme Court? Discuss the various ways.

Precedent is a decision made by a Precedent is a decision made by a higher court such as the circuit court higher court such as the circuit court of appeals or the Supreme Court that of appeals or the Supreme Court that

is binding on all federal courts. is binding on all federal courts.

Stare Decisis Stare Decisis means to “let the decision means to “let the decision stand.” It is the Judicial policy of following stand.” It is the Judicial policy of following precedent established by past decisions.precedent established by past decisions.

Body of precedent is called “common law”

Let the decision stand unless there is a compelling reason to change

USSC can reverse a previous decision it no longer wishes to follow

What does the Supreme Court do? What does the Supreme Court do? What does the Court NOT do?What does the Court NOT do?

The Supreme Court decides what is constitutional (remember judicial review?)

The Court does NOT decide the guilt or innocence of the parties involved.

How did the Supreme Court get the How did the Supreme Court get the power of judicial review?power of judicial review?

Figure 16.4

Once a case CAN be seen by the Court, Once a case CAN be seen by the Court, there is no guarantee the Court will there is no guarantee the Court will actually review it with a hearing. actually review it with a hearing.

A “Writ of Certiorari” is a formal A “Writ of Certiorari” is a formal petition used to bring a case before petition used to bring a case before

the Supreme Court. the Supreme Court.

The “Rule of Four” states that at least The “Rule of Four” states that at least 4 of the 9 Justices is required to 4 of the 9 Justices is required to

grant a writ of certiorari. grant a writ of certiorari.

The “Docket” is the list of potential The “Docket” is the list of potential cases that reach the Supreme Court. cases that reach the Supreme Court.

How are decisions made on the US How are decisions made on the US Supreme Court?Supreme Court?

Four Types of Decisions (a.k.a. opinions):

• Unanimous • Majority

• Dissenting • Concurring

How do Justices get to the US Supreme How do Justices get to the US Supreme Court (literally and figuratively) and how Court (literally and figuratively) and how

long can they serve?long can they serve?

• What are the constitutional qualifications?

• Should there be? What do you think their resume should include?

• LIFE TERM, as long as…

Our Supreme Court JusticesOur Supreme Court Justices

The Politics of Appointing The Politics of Appointing Federal JudgesFederal Judges

When is the Supreme Court in When is the Supreme Court in session?session?

Supreme Court’s term

October - June

Recess

June - September

What is the relationship What is the relationship between the Federal Courts between the Federal Courts

and Congress? and Congress?

What is the relationship between the Federal

Courts and the Executive Branch?

Who else can influence the Who else can influence the Judicial Branch?Judicial Branch?

Interest Groups!

How do Interest Groups influence the courts?

Amicus Curiae (“Friends of the Court”) briefs

An “An “Amicus Curiae Amicus Curiae brief” is filed by an brief” is filed by an individual or organization to present individual or organization to present

arguments in addition to those presented by arguments in addition to those presented by the immediate parties to the case. the immediate parties to the case.