TOPIC #12 — THE JUDICIAL BRANCH: STRUCTURE AND PROCEDURE
Q1. Federal courts are now acknowledged to have the power of judicial review. How do courts exercise this power? In particular, why are laws sometimes declared unconstitutional only long after they have been passed and implemented?
Q2. What is the structure of the U.S. court system?
Q3. Over what cases do federal (as opposed to state courts) courts have jurisdiction? Over what cases does the U.S. Supreme Court have jurisdiction? How does the Supreme Court exercise its appellate jurisdiction? How does it make decisions?
Judicial review as "byproduct" of deciding cases
U.S. dual court system (resulting from the Federal Compromise)
Federal State
U.S. Supreme Court <============== State supreme court
(one 9-member court) (fed. questions)
|| ||
∨ ∨
U.S. Courts of Appeal
(13 multi-member courts,) State appeals court(s)
approx. 200 judges total)
|| ||
∨ ∨
U.S. District Courts Local trial courts
(100 courts, several judges (district and superior
in each sitting separately, courts)
approx. 1000 judges total)
Jurisdiction of federal courts: federal questions; diversity
original vs. appellate jurisdiction
Supreme Court decision making
appeal; application for writ of certiorari (4/9)
written briefs, amicus curiae briefs, oral argument, U.S. Solicitor General
conference, affirm or reverse by simple majority rule
court/concurring/dissenting (and per curiam) opinions