Chapter%208%20

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Chapter 8 Supreme Court Cases

• The
• Judicial
• Branch

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The Federal Court System (8-1)

1. Equal Justice for All

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I. Equal Justice for All

• A. Courts settle civil disputes between private
  parties, a private party and the government or
  the United States and a state or local
  government. Each side presents its position. The
  Court applies the laws and decides in favor of
  one or the other

• B. Courts also hold criminal trials for people
  accused of crimes. Witnesses present evidence and
  a jury or a judge delivers a verdict of guilt or
  innocence.

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I. Equal Justice for All

• C. all accused people have the right to a public
  trial and a lawyer. If they cannot afford a
  lawyer, the court will appoint and pay for one.
  Accused people are considered innocent until
  proven guilty. They may ask for a review of their
  case if they think the court has made a mistake

• D. The goal of the legal system is equal justice
  under the law. The goal is difficult to achieve

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Federal Court System

• A. Article III Established a national Supreme
  Court and Congress the power to establish lower
  federal courts

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Federal Court System

• B. Over the years, Congress set up 3-levels in
  the federal courts system.
• District courts at the bottom
• Appeals courts in the middle
• Supreme Court at the Top
• Each state also has its own laws and court system

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The Federal Court System

• C. Jurisdiction is a courts authority to hear
  and decide cases. The Constitution gives federal
  courts jurisdiction over 8 kinds of cases

• 1. If the law in question applies to the U.S.
  Constitution, a federal court hears the case
• 2. Federal courts hear cases involving violations
  of federal law.

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The Federal Court System

• 3. Any disagreement between state governments
  winds up in federal court.
• 4. Federal courts hear lawsuits between citizens
  of different states.

• 5. If the U.S. Government sues someone or someone
  sues the U.S. Government, a federal court hears
  the case.

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The Federal Court System

• 6. Federal courts hear disputes between a foreign
  government and either the U.S. government or an
  America private party

• 7. Admiralty and maritime laws concern accidents
  or crimes of the high seas. Federal courts hear
  cases involving these laws.

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The Federal Court System

• 8. Federal courts hear cases involving U.S.
  Diplomats

• Most of these 8 areas, federal courts have
  exclusive jurisdiction only they may hear and
  decide such cases. Most U.S. court cases involve
  state law and are tried in state courts

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The Federal Court System

• In a few circumstances the state and federal
  courts may have concurrent jurisdiction they
  share jurisdiction and either may hear the case.

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How Federal Courts Are Organized(8-2)

• AT THE BOTTOM U.S. District Courts
• MIDDLE U.S. Courts OF Appeal
• AT THE TOP U.S. Supreme Court

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U.S. District Courts

• A. District Courts are the federal courts where
  trials are held and lawsuits are begun.
• All states have at least one U.S. District Court
• B. For all federal cases, district courts have
  original jurisdiction, the authority to hear the
  case for the 1st time. District courts hear both
  civil and criminal cases. They are the only
  federal courts that involve witnesses and juries.

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U.S. Courts of Appeals

• A. people who lose in a district court often
  appeal to the next highest level a U.S. court
  of appeals. Appeals courts review decisions made
  in lower district courts. This is appellate
  jurisdiction the authority to hear a case
  appealed from a lower court

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U.S. Courts of Appeal

• B. Each of the 12 U.S. courts of appeal covers a
  particular geographic area called a circuit.
• A 13 appeals court, the Court of Appeals for the
  Federal Circuit, has nationwide jurisdiction

• C. Appeals courts do not hold trials. Instead, a
  panel of judges reviews the case records and
  listens to arguments form lawyers on both sides.

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U.S. Courts of Appeals

• D. The judges may decide in one of three ways.
• Uphold the original decision
• Reverse the decision
• Remand the case send it back to the lower court
  to be tried again

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U.S. Courts of Appeal

• E. Appeals courts do not decide guilt or
  innocence or which side should win a suit. They
  rule only on whether the original trial was fair
  and protected the persons rights. Most appeals
  court decisions are final. A few cases are
  appealed to the Supreme Court.

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U.S. Court of Appeals

• One appellate judge writes an opinion that
  explains the legal thinking behind the courts
  decision in the case. The opinion set a precedent
  or model for other judges to follow in making
  their own decisions on similar cases

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Federal Judges

• Each district has at least 2 judges.
• Each appeals court has 6 to 27 judges
• The Supreme Court has 9 justices

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Federal Judges

• Presidents appoint federal judges, with Senate
  approval.
• The usually appoint federal judges who share
  their views. Because judges serve for life,
  presidents view their appointments as an
  opportunity to affect the country after they
  leave office

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Federal Judges

• Every federal judicial district also has a U.S.
  attorney a government lawyer who prosecutes
  people accused of breaking federal laws.
• U.S. attorneys look into the charges and present
  the evidence in court. They also represent the
  United States in civil cases involving the
  government

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Federal Judges

• Once appointed a judge can be removed only
  through impeachment
• Each district court has magistrate judges who do
  much of the judges routine work.
• They hear preliminary evidence and determine
  whether the case should go to trial.
• They decide whether accused people should be held
  in jail or released on bail

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Federal Judges

• As a senatorial courtesy, presidents submit their
  nominations for judge to the senators from the
  nominees home state. If either Senator objects,
  the president withdraws the name and nominates
  someone else.

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Federal Judges

• Every federal judicial district also has a U.S.
  Marshall.
• Make arrests, collect fines, and take convicted
  people to prison.
• They protect jurors, keep order in the courtroom,
  and serve subpoenas ordering people to appear in
  court

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The United States Supreme Court(8-3)
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The Supreme Court Justices

• The Main job of the nations top court is to
  decide whether laws are allowable under the
  Constitution
• The Supreme Court has original jurisdiction only
  in cases involving foreign diplomats or a state.
• All other cases come to the Court in appeal

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The United States Supreme Court

• The Court chooses the cases it hears.
• In cases the Court refuses to hear, the decision
  of the lower court stands.
• The Court has final authority on cases involving
  the Constitution, act of Congress, and treaties.

• 8 Associate justices and one chief justice make
  up the supreme court.
• After deciding a case, the justices issue a
  written explanation, called the Courts opinion.

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The United States Supreme Court

• The President appoints Supreme Court justices,
  with Senate approval.
• The decision may be influenced by the Department
  of Justice, American Bar Association, interest
  groups, and other Supreme Court judges.

• Supreme Court justices are always lawyers.
• A successful law career, political support, and
  agreement with the presidents ideas are factors
  in whom gets appointed

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Power of the Court

• The Legislative and Executive branches must
  follow Supreme Court rulings.
• Because the Court is removed from politics and
  the influences of special-interest groups, the
  parties involved in a case are likely to get a
  fair hearing.

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Powers of the Court

• The Courts main job is to decide whether laws
  and government actions are constitutional.
• The Court does this through JUDICIAL REVIEW

• JUDICIAL REVIEW
• The power to say whether any law or government
  action goes against the Constitution.

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Judicial Review

• The Constitution does not give the Supreme Court
  the power of Judicial Review
• The Court claimed the power when it decided the
  case Marbury V. Madison

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Marbury V. Madison

• As President John Adams was leaving office, hi
  signed an order making William Marbury a justice
  of the peace.
• The incoming president, Thomas Jefferson, refused
  to carry out the order.
• William Marbury took his case to the Supreme
  Court.

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Marbury V. Madison

• In the Court Opinion, Chief Justice John Marshall
  set forth three principles of JUDICIAL REVIEW

• 1. The Constitution is the supreme law of the
  land
• 2. If a law conflicts with the constitution, the
  constitution rules
• 3. The judicial branch has a duty to uphold the
  constitution. Thus, it must be able to determine
  when a law conflicts with the Constitution and
  nullify that law

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Judicial Review
Checks and Balances
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Limits on the Courts Power

• The Court depends on the executive branch and
  state and local officials to enforce is
  decisions.
• Congress can get around a Court ruling by passing
  a new law, changing a law ruled unconstitutional,
  or amending the Constitution.

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Limits on the Courts Power

• The Presidents power to appoint justices and
  Congresss power to approve appointments and to
  impeach and remove justices serve to check the
  power of the courts

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Limits on the Courts Power

• The Court cannot decide that a law is
  unconstitutional unless the law has been
  challenged in a lower court and the case comes to
  it on appeal. The Court accepts only cases that
  involve a federal question. It usually stays out
  of political questions

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Deciding Cases _at_ the Supreme Court

• Quick Facts
• Conduct business each year from October until
  June or July
• Two weeks listening to oral arguments on cases
  and two weeks wiring opinions and studying new
  cases
• The Court receive most cases on appeal from a
  lower court,
• Of the more than 7,000 applications each year,
  the Court agrees to hear fewer the 200
• The Court accepts cases that four of the nine
  justice agree that the Court should review.
  Select on important constitutional issues and
  cases that affect the entire nation
• Accepted Cases go on the court docket

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Steps in Decision Making

• Each accepted case goes through five steps
  Written Arguments, Oral Arguments, Conference,
  Opinion Writing, and Announcement

• 1. The lawyers first prepare a written brief that
  explains their side of the case. The justices
  study the briefs.
• 2. Next each side gets 30 min to present its case
  orally. Then the justices ask tough ?s

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Steps in Decision Making

• 3. On Fridays, the justices meet privately to
  discuss the case. A majority vote decides the
  case.
• 4. After the court reaches a decision, one
  justice writes a majority opinion.

• It presents the views of the majority of
  justices. The opinion states the facts, announces
  the ruling, and explains the Courts reasoning in
  reaching the decision

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Steps in Decision Making

• The Court may also write a unanimous opinion when
  all the justice vote the same way.
• One or more justices who disagree with the
  majority may write dissenting opinions

• A justice who votes with the majority, but for
  different reasons, may write a concurring
  opinion.
• Finally, the Court announces its decision.
  Printed copies of the opinion of the news
  reporters. A copy is posted in the Courts Web
  site

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The End