1. Checks and Balances

2. The
Judicial
Branch
• What do each
of the teams
stand for?
• Who are the
referees?
• Why are the
two teams
competing?
• Who do you
think will win?
• How do you
think they will
be stopped?

3. True or false?
• It’s OK to disobey a Supreme Court ruling.
• The Supreme Court can overturn an act of
Congress.
• The Supreme Court can declare a Presidential
action unconstitutional.
• The Supreme Court can remove the President
from office.
• Supreme Court justices are expected to show
their liberal or conservative views while making
decisions on the bench.

4. Conducted by Princeton Survey Research Associates
International for the Annenberg Public Policy Center. The
survey polled 1,500 adults aged 18 years and older was
conducted in 2005. The margin of error = +/- 3 %.
True or False
1. True or False -- 38% of the people surveyed said it’s “Okay to
ignore Supreme Court ruling”
2. True or False --55% says the US Supreme Court can declare
an act of Congress unconstitutional
3. True or False -- 64% of the public says it Distrusts the
Supreme Court a great deal or a fair amount
4. True or False --- 75% says a judge’s ruling is influenced by
his or her personal political views to an large extent
5. True or False --- Of the people surveyed 28% of the people
said the three branches were the: Executive branch, the
president, presidency, the White House

5. U.S. Judiciary
• Parallel system of state and federal courts
– State courts – powers come from state
constitutions and laws
– Federal courts – Supreme Court and lower courts
whose powers come from the Constitution and
federal laws

6. Jurisdiction
• the authority of the courts to hear certain
cases and interpret the law

8. Jurisdiction
• State courts have jurisdiction over cases involving state
laws
• Federal courts have jurisdiction over cases involving
federal law
– US laws, treaties, interpretations of the Constitution
– Cases where the following are involved:
• Ambassadors or other representatives of foreign governments
• Two or more state governments
• The US government of one of its offices or agencies
• Citizens who are residents of more than one state
• Citizens who are residents of the same state but claim land grants in
other states

11. Jurisdiction
• Concurrent - Both the federal and state courts
have jurisdiction
– Ex. A case where citizens of different states in a
dispute over more than $75,000
• Original – trial courts (ie. District courts)
• Appellate – when people lose a case in a trial
court and wish to appeal the decision (ex.
District court to appeals court)

12. The United States Supreme Court
“The Court of Last Resort”
 Highest court in the land and the
ONLY one established by Article
III of U.S. Constitution.
 Term: First Monday October- late
June
 Nine Justices
 No trials or juries
 Each side gets 30 minutes to
argue their case before the
Justices. A case goes before the
court if four justices agree to hear
it. This is called the “rule of four”.

13. The United States Supreme Court
 Annual Salary: associate justices $213,900; chief justice
$223,500. Constitution prohibits Congress from reducing pay
for incumbent justices. A justice may retire and earn his or her
final salary for life, plus cost of living increases.
 Court is ruled by seniority. The Chief Justice is considered the
most senior member of the Court, regardless of length of
service. Associate Justices are ranked by the length of service.
 During Court sessions, justices sit according to seniority, with
Chief Justice in center, and Associate Justices on alternating
sides, with the most senior Associate Justice on the Chief
Justice's immediate right, and the most junior Associate
Justice seated on the left farthest away from the Chief Justice.
 Each justice is also a "circuit justice" and is assigned to
oversee one or more federal judicial circuits.

14. The United States Supreme Court
 Primarily an appellate court; has original jurisdiction over
small number of cases.
 Three “routes” to the U.S. Supreme Court:
1) original jurisdiction over cases involving disputes
between states (least common- one-two cases per term).
2) cases on appeal from circuit courts- a party files a petition
(cert) and justices determine if they will hear it (most
common route).
3) appeals from state supreme courts- generally on
Constitutional issues.

15. The Roberts Court: 2005- present

16. SCOTUS v. POTUS
• Judicial activism v. Judicial restraint

17. Should the supreme court decide
controversial issues?

18. United States Courts of Appeals
• Hears appeals from the district courts located within its
circuit, as well as appeals from decisions of federal
administrative agencies.
• Have strictly appellate jurisdiction- handling appeals from
U.S. District Courts and are the intermediate appellate courts
in the federal system.
• Considered most powerful and influential courts in the
federal system. The Courts of Appeals serve as the final
arbiter on most federal cases and set legal precedent in
regions that cover millions of people (because the Supreme Court
chooses to hear fewer than 100 of the more than 10,000 cases filed with
it annually).
• The Courts of Appeals have strong policy influence on U.S.
law.

19. United States Court of Appeals
 Court of appeals decisions establish binding precedents.
Other federal courts in same circuit must follow the appeals
court's guidance in similar cases, regardless of whether the
trial judge thinks the case should be decided differently.
 Do not handle jury trials- only handle cases where party
argues that district court judge made an error in handling
their case.
 Currently 179 Judges on U.S. Courts of Appeals authorized
by Congress and Article III of the Constitution. Judges are
nominated by the president and then confirmed by the
Senate.
 Judges have lifetime tenure and earn an annual salary of
$184,500.

20. Federal Courts of Appeals
Regional Districts

21. United States District Courts
 Lowest level of courts in federal system. 94 United States
district courts with least one judicial district for each state, the
District of Columbia, and Puerto Rico.
 Serve as general trial courts of the U.S. federal court system and handle
both civil and criminal cases. They have no appellate jurisdiction and
have original jurisdiction over most cases and can conduct jury trials.
There is one bankruptcy court associated with each U.S. district court.
 Part of the “inferior” courts established by Congress. There is no
constitutional requirement that there be any district courts.
Number of judges in each district court and structure of the
judicial system are set by Congress and usually based on
population.
 The President appoints federal district judges whose role is
to decide questions of law and fact.

22. • Gibbons v. Ogden
• US v. Nixon
• Mapp v. Ohio
• Brown v. Board
• McCullough v. Maryland
• Marbury v. Madison
• Bakke

23. School law
• Tinker v. DesMoines
• NJ v. TLO
• Hazlewood v. Kuhlmeier
• Bethel Park v. Frasier
• Abington v. Schemmp
• http://www.uscourts.gov/EducationalResources/
ConstitutionResources/LegalLandmarks/Landmar
kSupremeCourtCasesAboutStudents.aspx