The Judicial BranchThe Judicial BranchLecture 8Lecture 8

Government and PoliticsGovernment and Politics

Mr. Chris SandfordMr. Chris Sandford

The Supreme Court of the The Supreme Court of the United StatesUnited States

The Supreme Court is a The Supreme Court is a neutral arenaneutral arena in in which two sides argue their case and their which two sides argue their case and their points of view.points of view.

Judicial power on this level is basically Judicial power on this level is basically passive. They are asked a question about passive. They are asked a question about a law or an act and listen to the arguments a law or an act and listen to the arguments using the Constitution as their guide.using the Constitution as their guide.

The courts main purpose is to evaluate the The courts main purpose is to evaluate the the Constitution in reference to the the Constitution in reference to the questions being asked.questions being asked.

How they decideHow they decide

To make their decision To make their decision they look at several they look at several things:things: PrecedentPrecedent Speeches when law(s) is Speeches when law(s) is

passed.passed. Their own personal views Their own personal views

of the constitution.of the constitution. STRICTSTRICT LOOSELOOSE

Jurisdiction of Federal CourtsJurisdiction of Federal Courts1.1. Cases where questions arise concerning Cases where questions arise concerning

the Constitution, federal law, or treaties.the Constitution, federal law, or treaties.2.2. Any cases that arise concerning maritime Any cases that arise concerning maritime

laws.laws.3.3. Conflicts between two states.Conflicts between two states.4.4. The Government is a party to the case.The Government is a party to the case.5.5. Citizens in different states.Citizens in different states.6.6. Issues concerning representatives from Issues concerning representatives from

foreign nations.foreign nations.

Types of lawsTypes of laws Statutory LawStatutory Law

Laws created by a Laws created by a legislative Body.legislative Body.

Common LawCommon Law Law created from Law created from

previous cases by a previous cases by a judge.judge.

Equity LawEquity Law Law created by the Law created by the

courts to provide courts to provide equity to the people equity to the people involved in the issue.involved in the issue.

Constitutional LawConstitutional Law Laws created by the SC Laws created by the SC

after interpretation the after interpretation the Constitution.Constitution.

Maritime LawsMaritime Laws Laws governing water.Laws governing water.

Administrative lawAdministrative law Law setting the Law setting the

boundaries and boundaries and responsibility of a responsibility of a particular agency.particular agency.

Types of lawsTypes of laws

Criminal LawCriminal Law Law creating an Law creating an

activity illegal for the activity illegal for the public good. Jail time public good. Jail time possible.possible.

Civil LawCivil Law Law that governs the Law that governs the

relationship of relationship of individuals. Judge individuals. Judge Judy.Judy.

Federal Court DistrictsFederal Court Districts

Conformation ProcessConformation Process The President choose a judicial The President choose a judicial

nominee from a list created by nominee from a list created by the American bar Association the American bar Association and the Judicial branch.and the Judicial branch.

That choice is sent to the Senate That choice is sent to the Senate where they vote on him/her.where they vote on him/her.

This process can often be This process can often be controversial, such as Clarence controversial, such as Clarence Thomas.Thomas.

If confirmed, they take their seat If confirmed, they take their seat in their respective chair.in their respective chair.

How it WorksHow it Works

Over 8,000 cases are Over 8,000 cases are sent to the Supreme sent to the Supreme Court, they only hear Court, they only hear roughly about 100 of roughly about 100 of these.these.

To decide which cases To decide which cases to take two things are to take two things are looked at:looked at: Cases significanceCases significance 4 justices want to review4 justices want to review

Chief justice of the Chief justice of the Supreme Court often Supreme Court often wields a lot power in wields a lot power in choosing cases.choosing cases.

Before a case is Before a case is heard, each side must heard, each side must supply a brief.supply a brief.

In addition, the courts In addition, the courts can accept amici can accept amici curiae briefs - “friends curiae briefs - “friends of the court”.of the court”.

Most of these briefs Most of these briefs are submitted by are submitted by government agencies government agencies or groups that will be or groups that will be impacted by the impacted by the decision.decision.

On a scheduled day - On a scheduled day - each side will give oral each side will give oral arguments.arguments.

Each side only has 30 Each side only has 30 minutes and questions minutes and questions can be asked at any can be asked at any time.time.

Justices meet and Justices meet and discuss the case - they discuss the case - they eventually vote.eventually vote.

One side writes majority One side writes majority opinion - one side the opinion - one side the minority opinion.minority opinion.

Connecticut Supreme CourtConnecticut Supreme Court