CHAPTER 8: THE JUDICIAL BRANCH
PART ONE: BASIC INFO
1. The judicial branch is responsible for INTERPRETING laws.
2. The branch was created when Congress passed the 1789 JUDICIARY ACT
(Therefore it’s established Congress has the power to create lower courts).
3. Our federal judicial branch has three levels:
a. U.S DISTRICT COURTS: trial courts
b. U.S. COURT OF APPEALS: hears appeals of trial court decisions
c. U.S. SUPREME COURT: highest court in the land.
4. Federal court judges are nominated by the PRESIDENT and approved by the
SENATE Federal court judges serve for LIFE
5. It is the judicial branch’s job to UPHOLD the Constitution.
PART TWO: U.S DISTRICT COURTS
6. All federal cases must begin here because these courts have ORIGINAL
JURISDICTION
7. District courts determine the GUILT/INNOCENCE of an accused person.
8. These are the ONLY federal courts where WITNESSES testify and JURIES hear
and reach verdicts.
9. U.S District Courts are in every state. In NC, these courts are located in several
cities, such as Wilmington, Fayetteville, and Raleigh.
PART THREE: U.S. COURT OF APPEALS
10.These courts have APPEALLATE jurisdiction, which means they have the
authority to review court decisions made in District Courts (or hear appeals).
11.There are 12 CIRCUITS (or judicial districts) in the U.S. Each circuit has a Court
of Appeals. We’re located in the 4th Circuit, which the Court of Appeals is
located in Richmond, VA.
12.Unlike trial courts, there are no witnesses or juries. In addition, there are
THREE judges presiding over each case. They hear arguments from both
lawyers and then make a decision based on the facts presented. There are
three outcomes to an appeals case:
a. UPHOLD: keeps the original decision
b. REVERSE: reverses or changes the original decision
c. REMAND: sends the case back to District Court to be retried
13.After any decision, the judges must write an OPINION which explains the
reasoning behind their decision.
PART FOUR: U.S. SUPREME COURT
14.The Supreme Court is the highest level of court in our nation. They have the
final say on ANY case they rule on. (Means they’re the “court of last resort”).
15.There are ___NINE__ justices on the Supreme Court. The leader of this group
is called the “chief justice.”
a. The first African-American Supreme Court justice was THURGOOD
MARSHALL
b. The first female Supreme Court justice was SANDRA DAY O’CONNOR
16.Nearly every case they hear is an APPEALS case. There are two instances
however where they possess ORIGINAL JURISDICTION (meaning they can
hear the case the first time). Those cases are….
a. Cases involving DIPLOMATS from foreign countries
b. Cases between different STATES
17.The main power of the Supreme Court is JUDICIAL REVIEW which allows it to
review and strike down any law they decide that isn’t in accordance with the
U.S. Constitution.
a. This power of judicial review was granted by the Supreme Court case
MARBURY V. MADISON in 1803.
PART FIVE: THE SUPREME COURT AT WORK
18.The Supreme Court receives thousands of requests for an appeal every year.
Out of those thousands, they tend to hear less than 200 per year. If FOUR out
of NINE judges decides a case is worth hearing, they will put the case on their
DOCKET (court calendar).
a. Once they decide to hear a case, they issue a WRIT OF CERTIORARI
which is Latin for “to make more certain.” Basically it orders a lower
court to send their records on the case of which they have chosen to
hear.
19.Once it’s official they’re going to hear a case, the Supreme Court justices will
receive BRIEFS from both sides’ lawyers. This is basically a written summary of
their argument they’re going to make in court.
20.When they actually hear the case, all nine justices will hear both sides’
lawyers present their arguments (one for keeping the previous result, the
other for changing it). After each side presents their case, they’ll ask the
lawyers questions.
21.Once the questioning is over, the justices return to their chambers and debate
the case amongst each other in private.
22.They’ll then take a vote. Whichever side is the majority wins. After the voting
is done, each justice will write an “opinion” (similar to the Court of Appeals –
explains the reasoning behind their decision). The opinion they write depends
on how they vote:
a. MAJORITY OPINION: explains the reasoning for ruling by the majority.
b. DISSENTING OPINION: explains the reasoning for ruling against the
majority
c. CONCURRING OPINION explains why a justice voted for the majority –
but for a different reason.
d. UNANIMOUS OPINION: only written if ALL justices agree.
PART SIX: MISC INFO ABOUT THE SUPREME COURT
23.Two things influence the justices on the Supreme Court
a. CONSTITUTION: it’s their “bible.” They cannot go against it.
b. PERSONAL FEELINGS: some of the cases require them to make
judgments based on their personal beliefs. This is why Presidents tend
to pick justices who generally think like they do.
24.Sometimes the Supreme Court will reverse its own decisions, such as the case
of Plessy v. Ferguson and Brown v. Board of Education. (In other words,
“changes in society” can affect how the Supreme Court rules.)
25.The Supreme Court is not all-powerful. Some limits on their power are….
a. They have to rely on the EXECUTIVE BRANCH to enforce their rulings.
b. If Congress CHANGES the Constitution, it also changes how the
Supreme Court works.
c. They cannot “pick” issues to rule on – it has to be brought to them in
the form of an appeals case.
PART SEVEN: OTHER COURT OFFICIALS
26.MAGISTRATE JUDGES: officials who take care of routine work, such as bail
hearings and issuing arrest/search warrants.
27.U.S. ATTORNEYS: Lawyers who represent the U.S. Government in cases.
28.U.S. MARSHALLS: They make arrests, collect fines, protect jurors, serve
subpoenas, and escort convicts to prison.
CHAPTER 8 TEST REVIEW
1. What is a concurring opinion?
2. What does remand mean?
3. How can Congress get around a Supreme Court ruling?
4. How many judges serve on the Supreme Court?
5. What is judicial review?
6. What does a marshal do?
7. How are U.S. District Courts different than the other two levels of the federal
court system?
8. What are the three possible outcomes of an appeals court case?
9. What created the federal court system?
10. What is a majority opinion?
11. What do magistrate judges do?
12. What is a dissenting opinion?
13. Who has the power to establish lower federal courts?
14. What are the three levels of the federal court system?
15. What article of the Constitution discusses the judicial branch?
16. How are U.S. appeals courts different U.S district courts?
17. What is jurisdiction?
18. Who appoints federal judges? Who approves?
19. How long do judges serve?
20. Which level of federal court receives the MOST cases?
21. Which level of the federal courts system has original jurisdiction in the majority
of cases?
22. Who was the first African-American Supreme Court justice?
23. Who was the first female Supreme Court justice?