Judicial Branch
The Role of the Judicial Branch (The Federal Judiciary)
Article III (3) of the Constitution established a judicial branch consisting of the Supreme Court and gave Congress the power to create any other lower courts. Only 10% of all court cases in the United States are heard in federal court (state court systems, some of which were established before the federal court system, hear all of the others).
Jurisdiction
Jurisdiction is the right of a court to hear a case. There are 2 main types of jurisdiction: original, which is the right of a court to hear a case first; and appellate, which is when a court hears the case from a lower court on an appeal. An appeal is when a higher court is asked to review a decision and determine whether or not a decision was just, or fair.
Powers, Checks & Balances
Federal courts try 2 types of cases: cases involving federal law or cases involving the interpretation of the Constitution.
The judicial branch checks the other two branches through the power of judicial review, or determining whether or not other two branches’ actions are constitutional, which was established by the Marbury v. Madison Supreme Court case in 1803. The executive branch checks the judicial branch through the power to nominate judges, while the legislative branch checks the judicial branch through the power to remove (impeach) judges and the power to propose constitutional amendments.
The Federal Court System
The Judiciary Act of 1789 set up a court system with 3 levels. The highest court is the United States Supreme Court, while the “Inferior” (lower) courts are the United States Courts of Appeals and the United States District Courts.
Congress has also created special courts to hear specific cases, such as courts for Washington DC an the US territories (Puerto Rico, Guam, US Virgin Islands), international trade courts, courts for appeals for veterans’ claims, courts for federal tax cases, courts for claims (lawsuits) against the US Government, military court-martials (for when someone in the military has been charged with a crime), and appeals from military courts.
No cameras are allowed in federal courts.
Judges
The President nominates federal judges, including Supreme Court Justices. The Senate reviews their qualifications and either confirms or denies the appointments. Once confirmed, federal judges serve for life as long as they demonstrate good behavior.
Federal District Courts
The US District Courts handle 80% of all federal cases (300,000 a year). There are 94 US District Courts, and our local district court is in the Poff Federal Building in downtown Roanoke. US District Courts have original jurisdiction, and have judges with juries. A jury is a group citizens that are called to hear evidence and make decisions).
Federal Courts of Appeals
The US Courts of Appeals have appellate jurisdiction. There are 13 Courts of Appeals, and our federal circuit court is located in Richmond. Courts of Appeals are also known as circuit courts. A circuit hears cases on appeal from a group of district courts within a particular geographic area. There are no juries, and appeals are reviewed by a panel of 3 circuit judges.
The US Supreme Court
The US Supreme Court is located in Washington D.C. and has both main types of jurisdiction. The court has original jurisdiction in cases involving disputes between states and cases involving ambassadors and other public officials, and appellate jurisdiction by reviewing cases on appeal from one of the 50 state supreme courts or cases on appeal from lower federal courts. Cases at the US Supreme Court are heard by 9 justices (judges), and there is no jury.
The SCOTUS Trial Process
The Court considers cases in 2 week cycles from October to June, alternating weeks hearing and reviewing cases. Four justices have to agree to hear a case. If the court wants to hear a case, they will direct the lower court to send a record of the case to review. The Supreme Court will not usually hear a case unless it raises an important constitutional question. Only 1% of cases petitioned to the US Supreme Court are heard.
Court Operation
Briefs, which are documents in which each side argues why they should win the case, are filed with the court. The court hears oral arguments, and each side gets 30 minutes to make their case (so each Supreme Court case takes about an hour). The justices then research, review, and discuss the case before issuing an opinion. The court usually takes a few months to make a decision.
Decision Time
A decision is made by majority vote. There are 3 possible written opinions by the court: the majority opinion, which is the official written opinion of the court; a concurring opinion, which is when a justice gives of different explanation of why he/she agrees with the majority, and a dissenting opinion, which is when a justice or justices give an explanation of why they disagree with the majority. There is a majority opinion in every Supreme Court case.
The Supreme Court can also decide to allow a lower court ruling to stand or send a case back to a lower court for that court to reconsider, but if the court does rule on a case, the decision is final.