Constitution & Judicial Branch

Legislative Courts

-DC Courts -Territorial Courts- deals w US territories -Tax Courts- deals w issues surrounding taxes -The court of Military Appeals

Judicial Branch

Article 3 of the constitution specifies that the judicial powers of the US shall be vested in one Supreme Court &in such lower courts as Congress chooses to establish

Sources of American Law (laws)

-Constitutional Law- based on what's written in constitution - Statutory Law- laws made by legislature -Administrative law- make sure they are operating within constitutional rules -Case Law -Criminal Law- when someone has violated a statutory laws -Civil Law- law resolving disputes bw individuals

Constitutional Courts (types)

-Supreme Court- highest court, 9 justices, meet in DC, appeals jurisdiction through certiorari process, BOTH ORIGINAL AND APPELLATE DOMAIN -Courts of Appeal- intermediate level in federal system, 12 regional circuit courts, including DC circuit, NO jurisdiction strictly appellate -District Courts- lowest level in the federal system , 94 courts, strictly original domain, least power

Jurisdiction of Federal Courts

-cases arising under the Constitution, federal laws and treaties -cases involving foreign officials and maritime and admiralty laws -cases in which the US gov't is a party -cases bw two or more states or a state and a citizen of another state -cases bw citizens of different states -cases bw a states or citizen and a foreign got

Dissimilarities bw Courts & Other Branches

-courts consider only conflict that adversaries bring before them *-judges are appointed for life *-judges are supposed to be impartial *- the court is a jury system -grand jury-determines if there is evidence to proceed w trial -trial jury- renders decision on guilt *-unique structure which allows the highest court to override the decisions of the lower courts -judges have to meet no constitutional qualification *- the constitution doesn't list courts powers -the judiciary makes decisions in secret

Similarities bw Courts & Other Branches

-courts decide policy- their decisions shape policy/law -judges decide issues by a vote -interest groups are involved in judicial decision making -amicus curiae(brief)

Congressional Checks on Court

-determine size of the courts - reduce the Supreme Court's appellate jurisdiction -may abolish any level of courts below Supreme -may override the court's interpretation by rewriting the law

Courts' Domain

-original domain- they have option to hear cases first -appellate domain-hear appeals

Presidential Checks on Court

-refuse to implement court decision (courts have no power to enforce decisions)-brown v board case -nominate judges to the courts

Functions of the Judicial Branch

-settle disputes &conflict - to administer justice -umpire federalism -special protection of minority rights-make sure minorities' rights are protected - to communicate -to make policy