The Judiciary:

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The Judiciary
Structure and Power
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I. The Constitution and the Judiciary (Art.
III)

• Inventing an Independent Judiciary

- None under Articles of Confederation
- Contrast with Const. Art. III, Sec. 1

• U.S. Supreme Court

- Justices to hear and decide cases
- Appointment procedure (Art. II, Sec. 2)

• Inferior (Lower) Federal Courts

- Judges to hear and decide cases
- Appointment procedure (Art. II, Sec. 2)
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II. Structure and Organization

• Recall Authority of Congress (Art. III., Sec. 1)

- Particularly over lower courts

• District Courts

- First or trial courts for cases
- 94 at least one in each state (1)

• Courts of Appeals

- Review decisions of district courts, etc.
- Eleven circuits across country (1)

• Supreme Court

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III. Jurisdiction

• Authority to Hear and Decide Cases at Law

• For Federal Courts

- Constitution Art. III, Sec. 2
- Federal-question cases
- Diversity cases (citizens of different states)

• For State Courts

- Cases involving state laws or constitutions

• BUTSome Cases May Be Brought to Either

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IV. To the Supreme Court (a)

• Supreme Court Acts Mostly as Appeals Court

• Federal Cases

- Begin with trial at district court
- Loser asks for review by a court of appeal
- Loser asks Supreme Court for final review

• State Cases

- If U.S. Constitution is involved

• See Diagram on Next Slide

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IV. To the Supreme Court (b)
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V. Operation

• Court Chooses Each Case (Writ of Certiorari)

• Briefs about Lower-Court Decision and Law

- By each party in case
- By others interested (amicus curiae)

• Decision (and Written Opinions)

- Majority rule (Majority opinion)
- Concurring opinion
- Dissenting (minority) opinion
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