The judicial branch is made up of the federal judicial system. This includes the district courts, courts of appeal, and the Supreme Court.

  • There are two types of cases tried: criminal and civil.

 District Courts: 

  • 91 total in the US (at least 1 in a state)
  • have original jurisdiction (hear a case firsthand)
  • hold actual trials
  • hear about 350,000 cases/year
  • Types of cases include federal crimes, civil suits between citizens of different states, bankruptcy, maritime law and naturalization.
  • when nominating a judge in this court of Courts of Appeal, senatorial courtesy applies to help the majority party get a majority of their party in certain judge-positions.


Courts of Appeal:

  • 12 judicial circuits.
  • 178 judges, but usually only have 3 judges to hear a case
  • Look to correct errors made in district courts

Supreme Court:

  •  consists of 9 justices (1 chief and 8 associates)
  • hear cases to resolve conflicts among states, interpreting national laws and maintaining national supremacy in law
  • justices appointed by President & approved by Senate
  • many times, the Supreme Court rules it's own rulings unconstitutional (Ex's below)

Major Supreme Court Cases:

  • Marbury V. Madison: formed the start of judicial review. It gives the courts power to rule certain bills/laws unconstitutional.
  • Dred Scott V. Sandford: ruled that people of African descent who were brought into the US as slaves or their descendants could never be citizens and weren't protected by the constitution. Scott tried suing his owners multiple times to gain freedom, but each time was denied.
  • Plessy V. Ferguson: ruled that the idea of "separate but equal" (racial segregation) was constitutional, as long as public places were of equal merit but separated by white/black.
  • Brown V. Board of Education: where the Supreme Court ruled that segregation in schools was unconstitutional. Linda Brown won the case against the Board of Education of Topeka, Kansas.
  • Miranda V. Arizona: gave defendants in police custody the right to council (before speaking during interrogation) and only then may prosecution use the interrogation in trial against the defendant. They must be informed of their "miranda rights." Ernesto Miranda was convicted and signed a confession about a crime he committed, but appealed all the way up to the Supreme Court, where they ruled his trial was unconstitutional.
  • Gideon V. Wainwright: where states must give criminal defendants the right to an attorney if they are unable to afford one themselves.
  • Roe V. Wade: ruled that the law that abolished abortion was unconstitutional because women had the right to do what they wanted with their bodies (Constitutional right)
  • Tinker V. Des Moines: ruled that students have constitutional rights in school, but are limited.
  • US V. Nixon: ruled that a president is not exempt from judicial process. Nixon was ordered by the Supreme Court to give his tape recordings about the Watergate scandal to Congress.
  • Citizens United V. FEC: ruled that corporations have the right to speech, which means that they can be given/give as much money as they want.

 

            The 9 Chief Justices of the US Supreme Court

 

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