the judicial branch assignment

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US government and civics

Course: us government and civics   >   unit 2.

• Article III of the Constitution: The Judicial Branch
• Marbury v. Madison
• Federalist No. 78

The judicial branch: lesson overview

• The judicial branch: foundational
• The judicial branch: advanced

Documents and cases to know

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Judicial Branch in a Flash!

Lesson plan.

Need to teach the judicial branch in a hurry? In this lesson, students learn the basics of our judicial system, including the functions of the trial court, the Court of Appeals, and the Supreme Court. Students learn how a case moves up through these levels and discover that these courts exist on both the state and federal levels.

iCivics en español! Student and class materials for this lesson are available in Spanish.

Pedagogy Tags

Teacher Resources

Get access to lesson plans, teacher guides, student handouts, and other teaching materials.

• Spanish_Judicial Branch in a Flash_Teacher Docs.pdf
• Spanish_Judicial Branch in a Flash_Student Docs.pdf
• Judicial Branch in a Flash_Teacher Guide.pdf
• Judicial Branch in a Flash_Student Docs.pdf

I find the materials so engaging, relevant, and easy to understand – I now use iCivics as a central resource, and use the textbook as a supplemental tool. The games are invaluable for applying the concepts we learn in class. My seniors LOVE iCivics.

Lynna Landry , AP US History & Government / Economics Teacher and Department Chair, California

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11.1 What Is the Judiciary?

Learning outcomes.

By the end of this section, you will be able to:

• Distinguish between rule of law and rule by law.
• Identify the responsibilities of a judicial system.
• Compare and contrast the different methods states and countries use to select judicial officers.
• Discuss major criticisms of each method of judicial selection.

In Chapter 4: Civil Liberties , you learned that law is a body of rules of conduct, with binding legal force and effect, that is prescribed, recognized, and enforced by a controlling authority. In the world today, that authority is usually the government of a particular area. However, multiple levels of government may have authority in a given place. The power of a governmental body to exercise the highest authority in an area is called sovereignty . If a government has sovereignty over a particular region, that government can create and impose rules on people within the region.

Chapter 4: Civil Liberties also introduced the rule of law , the principle that the government is beholden to its laws, not to any individual or group. Throughout history, many individuals and small groups have become dictators with the sole power to create laws and punish people as they wished, thus employing rule by law . There are still some dictators in the world today, as in North Korea . Dictatorships are oppressive, and dictatorial regimes are prone to corruption. By following the rule of law, robust democracies try to avoid these injustices.

Court Shorts: Rule of Law

In this brief video, United States judges who preside over different types and levels of courts discuss the meaning of the rule of law and the role it plays in our everyday lives.

Recall the four principles of the rule of law:

• Accountability: The government and private actors are accountable under the law. No one is above the law.
• Just laws: The laws are clear, publicized, stable, and applied evenly, and they protect fundamental rights, including the security of persons and property and certain core human rights.
• Open government: The processes by which the laws are enacted, administered, and enforced are accessible, fair, and efficient.
• Accessible and impartial dispute resolution: Justice is delivered in a timely manner by competent, ethical, independent, and neutral decision-makers who have adequate resources and reflect the communities they serve.

These principles demonstrate that the government and the people are in a social contract , a voluntary agreement whereby the people consent to abide by specific rules while living in the territory and the government consents to limit itself to acting in accordance with certain standards. This creates a symbiotic relationship between the government and the people, rather than a system based on fear and oppression.

In each democratic country, a constitution sets up the framework for government operations that adhere to these four principles. The constitution formalizes how the country’s government will wield authority and implement powers under that authority. The constitution may be written or unwritten, in one document or several, and titled constitution or basic laws . Whatever its form or title, a constitution establishes the basic government structure for the government’s sovereign territory. It usually creates branches with differing powers that have the ability to check each other in the exercise of those powers. One of the branches that carries out the rule of law in a country is the judicial branch.

The judicial system or judicial branch is the court system that interprets, defends, and applies the law in the government’s name. It is the mechanism for peacefully resolving disputes between individuals. Sometimes people refer to this branch of government as the judiciary, but that can be confusing because the judiciary also refers to the people who work in the judicial branch. Therefore, this chapter will consistently refer to the branch of government as the judicial branch and the people who work in that branch as the judiciary.

The judicial branch serves different purposes in different political systems. For example, in a political system that prioritizes civil rights and liberties, the judiciary working within the judicial branch checks government action and protects individual rights and liberties. In a system in which there is a separation of powers between the branches of government, the judiciary has judicial independence . In these systems, often the courts can perform a judicial review to check government actions. In judicial review , a judge interprets and implements the constitution to ensure that the other branches of government do not violate what it says. Judicial review will be explored later in this chapter.

In contrast, some political systems rely on adherence to strict religious or political standards, creating authoritarian law regimes. In these systems, the judicial branch and the judiciary help impose the government’s approved viewpoint on the citizens through rule by law . In these systems, the judiciary has little independence. The judicial system acts as a source of government control over individual citizens. 3 Tom Ginsburg and Tamir Moustafa identify five primary functions of courts in these authoritarian rule-by-law regimes:

• To establish social control and sideline political opponents
• To bolster a regime’s claim to legal legitimacy
• To strengthen administrative compliance within the state’s own bureaucratic machinery and solve coordination problems among competing factions within the regime
• To facilitate trade and investment
• To implement controversial policies so as to allow political distance from core elements of the regime 4

Justice Handed Over to Dictatorship from the Film Judgment at Nuremberg

The 1961 film Judgment at Nuremberg portrays the military tribunal at which four German judges who served while the Nazis were in power face charges of crimes against humanity. In this clip, the former minister of justice explains changes in the judiciary under the dictatorship of the Third Reich.

In rule-by-law authoritarian regimes, the government suppresses opposition and imposes a specific viewpoint on any part of the government or the population to the extent that human rights violations occur. 5 Iran and North Korea are examples of rule-by-law authoritarian regimes. The dictatorial leader of North Korea is selected to a lifetime appointment on a state-approved ballot where only one candidate is listed. This leader has control over the judiciary, and all must adhere to the leader’s will or face retribution. 6

Other countries have come to have an authoritarian-populist judiciary . This means that, through changes instituted by one ruling person or political party, they have transitioned from a rule-of-law system to a rule-by-law authoritarian subsystem. In Turkey, longtime president Recep Tayyip Erdoğan and his ruling party replaced the governmental system in 2017 and have enacted laws to keep themselves in power. Changes in 2007, 2010, and 2017 gave Erdoğan and his ruling party the ability to appoint and dismiss prosecutors and judges, thus calling into question the independence of the judiciary. 7 A European Commission report in 2020 found that the continued centralization of power in the president was blurring the lines of separation of powers in the branches of government such that few checks and balances remain: “Under these conditions, the serious backsliding of the respect for democratic standards, the rule of law, and fundamental freedoms continued.” 8 The report identified significant issues with the Turkish judicial system and its slide into rule by law, not the rule of law:

“Turkey’s judicial system is at an early stage of preparation and serious backsliding continued during the reporting period. Concerns remained, in particular over the systemic lack of independence of the judiciary. The president announced the Judicial Reform Strategy for 2019–2023 in May 2019. However, it falls short of addressing key shortcomings regarding the independence of the judiciary. No measures were announced to remedy the concerns identified by the Council of Europe’s Venice Commission and in the European Commission’s annual country reports. There are concerns that dismissals in the absence of respect for due procedures caused self-censorship and intimidation within the judiciary. No measures were taken to change the structure of, and process for, the selection of members of the Council of Judges and Prosecutors to strengthen its independence. Concerns regarding the lack of objective, merit-based, uniform and pre-established criteria for recruiting and promoting judges and prosecutors persisted. No changes were made to the institution of criminal judges of peace so that concerns regarding their jurisdiction and practice remained.” 9

One can thus see the difference between the rule of law and rule by law. Each judicial system can be assessed on the basis of how well it meets the rule-of-law criteria for protecting the rights of the people from government overreach, manipulation, and the rise of dictatorships.

How the Judicial Branch Differs from the Other Branches of Government

Judicial branches differ from the executive and legislative branches because, unlike in those branches, the judicial system restricts how the courts may act and how the people may express their opinions to the courts. A good description of this restriction appears in Federalist no. 78, wherein Alexander Hamilton wrote about the judicial branch as it is described in the US Constitution:

“Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but also holds the sword of the community. The legislature not only commands the purse, but also prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatsoever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.” 10

In rule-of-law systems, the judicial branch depends on the other branches and the population’s respect for the rule of law to carry out its decisions. An example helps illustrate the differences between the branches and their powers. In the United States, a president alarmed at the number of gun shootings occurring in the country can create a commission to review the problem and make recommendations to Congress to enact new laws. The president (the executive) can implement some of these recommendations by executive order , a particular type of binding law that only the chief executive can create. The people can express their views on the subject to the president at any time. Congress (the legislature) may also be alarmed about the number of gun killings. They can open an investigation and create a statute to limit some access to guns. Again, the people can express their views on this subject to Congress at any time. In both examples, government officials decide what they want to investigate and what actions they want to take, and the people can freely voice their opinions on the subject. Courts, however, cannot take action on their own in the ways the executive and legislative branches can, and people cannot express their opinion in court unless they meet particular criteria. A court can only take action if it has jurisdiction over a specific case. Jurisdiction is the written authority, stated in a constitution or a statute, that authorizes a court to hear a case. Jurisdiction includes both the geographical region and the topics of the court’s authority.

What Can I Do?

Critical thinking and the courts.

Every functioning government must have a functioning judicial system. As you study the different forms of judicial systems, how they operate, and elements such as the standards of evidence across different judicial systems, as well as different types of law, you are sharpening your critical thinking skills. Being able to understand and explain why someone is found innocent of a particular crime, for example, requires the ability to analyze, evaluate, and synthesize various pieces of information coming from the defense attorney, the prosecutor, the facts of the case, and the components of the law in question. This is the core of critical thinking, and it is a fundamental skill that is utilized in virtually any career. Critical thinking skills are highly valued, and they take work and practice to develop. Studying topics such as courts and judiciary systems is a good way not only to prepare for a career within the legal world—as an attorney, for example—but also to hone general critical thinking skills that are invaluable regardless of what direction your professional path in life takes.

Selecting Judicial Officers

There are as many ways to select judicial officers as there are countries in the world. The particulars of the selection process vary widely by country. The selection process can also differ for different levels or types of courts within a country. All of the selection processes can be sorted into four broad categories:

• Appointment for life
• Appointment for a specified number of years
• Hybrid, or a combination of these methods (e.g., appointment followed by retention election)

Lifetime Appointments

The US Constitution establishes a Supreme Court of the United States (SCOTUS) and authorizes Congress to create other Article III courts . 11 The judges for these courts are nominated by the president and confirmed by the US Senate. These Article III judges serve for life, as long as they remain on “good behavior.” There is no mandatory retirement age. These courts have the power of judicial review and, once appointed, are independent of the other branches of government.

Congress can change any court’s jurisdiction except SCOTUS’s original jurisdiction . Still, neither Congress nor the president can fire a judge nor stop the judge’s salary if they disagree with a decision the judge makes. Thus, the judiciary in the United States has some measure of independence, but judges are often subject to political pressure during the appointment process.

Article III courts include the United States Supreme Court, US circuit courts of appeals , and US district courts . There is only one SCOTUS, but there are 13 circuit courts of appeals and about 100 district courts. All have multiple judges, so the power to appoint judges is a substantial one. Moreover, because these judges are appointed for life, a president can influence the interpretation of the law and the Constitution well beyond that president’s term of office. As noted by legal scholar Alexander Bickel , “You shoot an arrow into a far distant future when you appoint a [US federal] justice, and not the man himself can tell you what he will think about some of the problems that he will face.” 12

THE CHANGING POLITICAL LANDSCAPE

Women on high courts around the world.

While gender representation on high court benches across the globe skews toward men, studies suggest that the rate of women on judiciaries in countries around the world rose by about 29 percent between 2011 and 2019. Research suggests that a high court judge’s gender may be a better predictor of how they will decide a case than their political leanings and that the gender composition of a court can influence how individual judges view a case. 13

Ethiopia’s First Female Supreme Court Chief Justice: Meaza Ashenafi

In this clip, Meaza Ashenafi, the first ever female Chief Justice on Ethiopia's Supreme Court, talks about how she worked to define sexual harassment and violence against women in the Amharic language, the official language of Ethiopia. She goes on to discuss the importance of the impartiality of the courts and the role courts play in serving their communities.

The lifetime appointment of judges outside the United States is rare. Even in countries that say they appoint certain judges to lifetime terms, these judges are held to a mandatory retirement age. 14 For example, in the United Kingdom, Supreme Court justices are not subject to term limits , but they must retire by age 70. 15 Additionally, in the United Kingdom, there are minimum requirements for nomination, and a nominating commission reviews applicants. Finally, this type of appointment applies only to a particular court, not to all courts in a broad category, as in the United States.

In Belgium, the monarch appoints constitutional court judges from a list of candidates submitted by Parliament. 16 As in the UK, these judges are appointed for life with mandatory retirement at age 70. The monarch selects judges for the supreme court, the Court of Cassation, from candidates submitted by the High Council of Justice, an independent 44-member body consisting of both judicial and nonjudicial members. Like constitutional court judges, Court of Cassation judges are appointed for life with a mandatory retirement age of 70. 17

Recent discussions in the United States have debated instating a mandatory retirement age or setting a term limit for Article III judges. 18

Appointment for a Term of Years

There is a second type of US federal judge: those appointed for a term of years. Congress, in creating these courts, specifies the qualifications of the judge and the term of service. 19 Potential judges apply for the office as one would apply for any other job. A hiring committee selects the judge. Several US states also appoint some of their judges for a term of years. The process for an appointment varies by state. 20

Many countries appoint some of their judges for a term of years, though the processes by which they do so differ. 21 For example, in Albania, the president alone makes some nine-year appointments. 22 On the other hand, the Chinese legislature, the People’s National Congress, appoints the chief justice of their national supreme court for a limit of two consecutive five-year terms. 23 To be considered for most judicial appointments in France, an attorney must pass a series of entrance examinations. 24 They must then attend special classes and pass a series of difficult examinations to be eligible for an appointment as a judge. The Ministry of Justice oversees this process without any executive input.

Appointment by Election

A few US states use a rare process, election, to select some judges. In a 1988 speech, Hans Linde , a former justice of the Oregon Supreme Court, said “To the rest of the world, American adherence to judicial elections is as incomprehensible as our rejection of the metric system.” 25

When judges are directly elected, the judiciary is an agent of the government with limited independence. The voters use their votes to pass judgment on judicial decisions in the same way that they use their votes to weigh in on the actions of the executive and legislative branches. Thus, one of the criticisms of judicial elections is that they incentivize judges to make politically popular decisions that are not necessarily correct interpretations of the law.

Different US states employ different types of judicial elections. A candidate’s political party is listed on the ballot in partisan elections , while the candidate’s political affiliation is not listed in nonpartisan elections . Many states have moved away from direct elections and toward retention elections. In a retention election , a judge is appointed for a term of years, and at the end of that term, an election is held to determine if the judge should be retained for another term or replaced. 26

Texas is one of the few states that still holds partisan elections for almost all judgeships in the state. 27 As a result, candidates run for office just like all other elected officials. They align with a political party, receive the majority vote in the party’s primary election, and campaign showing their affiliation to the party. Most other states have moved away from this selection style because of issues with partisanship, such as the appearance of impropriety when someone makes a large campaign contribution before appearing before the court and the instability of a process that selects candidates based on political popularity rather than legal expertise. 28 Texas has been the object of scrutiny for allegations of favoritism to campaign donors and political party influence on judges. 29 As a result, there is pressure from a number of corners, including former and current judges, to change this system. 30 About 13 states still hold nonpartisan elections for some of their judgeships. These states assert that this enables people to have a say in the judiciary while removing political partisanship from the selection process. 31

Former Chief Justice of the Texas Supreme Court Wallace Jefferson on Electing Judges in Texas

In this clip, former Chief Justice of the Texas Supreme Court Wallace Jefferson weighs in on how he believes the state of Texas should select judges.

Switzerland also holds judicial elections in which the Federal Assembly, their legislative branch, elects judges to six-year terms. 32 A few other countries also hold some judicial elections.

Hybrid or Mixed Selection

Many countries have a hybrid system , with a mix of appointments for term and appointments for life depending on the type of court. 33 A couple of countries and a few US states have both appointments and elections. One common hybrid selection system used in several countries is an appointment with review after one term. In Japan, the chief justice of the Supreme Court is designated by the Cabinet and appointed by the monarch, while associate justices are appointed by the Cabinet and confirmed by the monarch. All justices are subject to a popular referendum at the first general election after their appointment and every 10 years thereafter. 34

Several US states use a hybrid system known as retention or the Missouri Plan . This system has gained popularity in the United States over the last 50 years. 35 In a retention system, the executive initially appoints a judge, with legislative approval, similar to the federal appointment process. The appointed person serves for a term of years. After this initial term, if a judge wants to remain in office, they must run in a retention election. There is no opposing candidate in a retention election; people vote on whether to keep or replace the judge. The judge runs on their record, and their party affiliation typically is not listed on the ballot. A retained judge remains in office for another term. In some states, there is a limit to the number of retention terms a judge may serve. If the judge is not retained, then the process starts again with new nominees and appointments. This style appeals to many Americans because it limits campaigning and political party influence over the judiciary while allowing the people some say over the judicial officers.

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Judicial Branch

Our Judicial Branch lesson plan teaches students about what the Judicial Branch is and how it functions today. Students also learn the history of the branch, how it was conceived, and how it interacts with the other branches of government in the United States.

Included with this lesson are some adjustments or additions that you can make if you’d like, found in the “Options for Lesson” section of the Classroom Procedure page. One of the optional additions to this lesson is to invite an attorney or judge to speak to your class about the Judicial Branch and the role of judges.

Description

Additional information, what our judicial branch lesson plan includes.

Lesson Objectives and Overview: Judicial Branch introduces students to the Judicial Branch, including its purpose and its functions in our society. Many people, including students, are unfamiliar with the workings of the judicial branch of the government. At the end of the lesson, students will be able to define the judicial branch of the U.S. government and identify its role and responsibilities for the country and its citizens. This lesson is for students in 4th grade, 5th grade, and 6th grade.

Classroom Procedure

Every lesson plan provides you with a classroom procedure page that outlines a step-by-step guide to follow. You do not have to follow the guide exactly. The guide helps you organize the lesson and details when to hand out worksheets. It also lists information in the green box that you might find useful. You will find the lesson objectives, state standards, and number of class sessions the lesson should take to complete in this area. In addition, it describes the supplies you will need as well as what and how you need to prepare beforehand. To prepare for this lesson ahead of time, you can put students in groups of 3, 5, or 7, make sure your students have internet access, and copy the handouts.

Options for Lesson

Included with this lesson is an “Options for Lesson” section that lists a number of suggestions for activities to add to the lesson or substitutions for the ones already in the lesson. One optional addition to the lesson activity is to increase the number of court cases for each group to review. As an additional activity, you could choose nine students to be the Supreme Court in your classroom and have the other students argue cases in front of them. You could also have students think of current laws and decide whether each should be sent to the Supreme Court for review. You can hold a mock trial with students acting as attorneys, defendants, judges, jury members, and more. Finally, you could invite an attorney or judge to speak to your class about the Judicial Branch and the role of judges.

Teacher Notes

The teacher notes page includes a paragraph with additional guidelines and things to think about as you begin to plan your lesson. This page also includes lines that you can use to add your own notes as you’re preparing for this lesson.

JUDICIAL BRANCH LESSON PLAN CONTENT PAGES

A branch of government.

The Judicial Branch lesson plan includes three content pages. It begins by telling students that many years ago someone could be arrested for burning the flag. However, the courts later decided that people could burn flags as an expression of their freedom of speech. The Judicial Branch, one of the branches of government in the United States, makes decisions about things related to the U.S. Constitution.

The Federal government has three branches, the Executive Branch (includes the President and appointed members), the Legislative Branch (the Senate and Representatives from states), and the Judicial Branch (the judges and courts). The three branches work together using a system of checks and balances, ensuring that one branch doesn’t have more power than the other branches.

The Judicial Branch includes judges. The people of the U.S. do not elect judges. Instead, the President appoints them and the Senate confirms them. The Supreme Court, the highest court in the land, is part of the Judicial Branch. This court made the decision about flag burning discussed earlier. The Supreme Court has nine judges or justices who serve for life. The Constitution created the Supreme Court, while Congress created the other federal courts.

Every day, judges make decisions about who is innocent or guilty, what laws are legal, who owes money to someone else, and more. These judges are part of the federal court system or a state court system.

The federal court system makes decisions related to laws that apply to the entire United States. It includes the Supreme Court, the highest court in the land, created by the Constitution. Decisions made in this court are usually related to Constitution or disputes between citizens of different states. The federal court system has different circuits, or districts, throughout the U.S.

The state court system makes decisions that apply to the people living within each state. Specific state’s constitutions create these systems, and their decisions are usually related to everyday life issues, like crimes, family matters, accidents, and traffic violations. Local levels of this court include magistrates, circuit courts, courts of appeals, and more.

Both court systems hear cases and opinions in two categories: criminal cases and civil cases. Criminal cases are the kinds of cases where someone accuses someone else of a crime. Civil cases are disagreements between people that they cannot resolve on their own.

A Client’s Path from a Local Trial to the Supreme Court

Next, the lesson outlines how someone’s case might go from a local trial to the Supreme Court, with examples. The first step is the Trial Court, which we call the District Court for the Federal System. At this step, a lawyer presents the evidence, or the proof of the client’s side of the story, either to a judge (if it’s a bench trial) or a jury of 12 people who make a unanimous decision. The evidence can include witnesses, photos, documents, or other items.

The next step is the Appellate Court, which is above the trial court and we often also call it the court of appeals. To get here, a client can appeal either to one judge or a three-judge panel. They review the previous court decision and case. They can decide to either let the case stand, reverse the decision, or send it back to the trial court.

The final step is the Supreme Court, the highest court in the U.S. This court has nine justices who review cases and decide if a decision should stand, should be overturned, or should be sent back to a lower court. The Supreme Court does not review every case, which means that the decision will not change. The Supreme Court chooses the cases it wants to review.

When the Supreme Court decides whether or not a law is constitutional, we call this judicial review. If they decide it’s unconstitutional, no other court can change that decision. In the future, however, a Supreme Court with different justices could decide to make flag burning illegal again.

We decide most criminal and civil cases in the state court systems. The Supreme Court, on the other hand, only reviews about 150 cases a year out of about 7,500 requests.

The Judicial Branch is one of the three branches of government in the U.S. and includes the federal court system and, in some ways, the state court systems as well.

JUDICIAL BRANCH LESSON PLAN WORKSHEETS

The Judicial Branch lesson plan includes three worksheets: an activity worksheet, a practice worksheet, and a homework assignment. You can refer to the guide on the classroom procedure page to determine when to hand out each worksheet.

MINI SUPREME COURT ACTIVITY WORKSHEET

Students will work in groups to complete the activity worksheet. Each group will act as a mini Supreme Court, reviewing at least three of the included court cases. For each, they will discuss and decide whether to keep the law as it is, make changes to the law, or eliminate the law altogether.

JUDICIAL BRANCH PRACTICE WORKSHEET

The practice worksheet asks students to first number the four sets of events in their correct order. Next, they will tell whether each description is a Trial Court, Appellate Court, or both. Finally, they will fill in the blanks in eight sentences using information from the content pages.

MATCHING HOMEWORK ASSIGNMENT

For the homework assignment, students will match terms from the lesson with their definitions.

Worksheet Answer Keys

This lesson plan includes answer keys for the practice worksheet and the homework assignment. If you choose to administer the lesson pages to your students via PDF, you will need to save a new file that omits these pages. Otherwise, you can simply print out the applicable pages and keep these as reference for yourself when grading assignments.

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The Judicial Branch

Where the executive and legislative branches are elected by the people, members of the Judicial Branch are appointed by the President and confirmed by the Senate.

Article III of the Constitution, which establishes the Judicial Branch, leaves Congress significant discretion to determine the shape and structure of the federal judiciary. Even the number of Supreme Court Justices is left to Congress — at times there have been as few as six, while the current number (nine, with one Chief Justice and eight Associate Justices) has only been in place since 1869. The Constitution also grants Congress the power to establish courts inferior to the Supreme Court, and to that end Congress has established the United States district courts, which try most federal cases, and 13 United States courts of appeals, which review appealed district court cases.

Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and Justices serve no fixed term — they serve until their death, retirement, or conviction by the Senate. By design, this insulates them from the temporary passions of the public, and allows them to apply the law with only justice in mind, and not electoral or political concerns.

Generally, Congress determines the jurisdiction of the federal courts. In some cases, however — such as in the example of a dispute between two or more U.S. states — the Constitution grants the Supreme Court original jurisdiction, an authority that cannot be stripped by Congress.

The courts only try actual cases and controversies — a party must show that it has been harmed in order to bring suit in court. This means that the courts do not issue advisory opinions on the constitutionality of laws or the legality of actions if the ruling would have no practical effect. Cases brought before the judiciary typically proceed from district court to appellate court and may even end at the Supreme Court, although the Supreme Court hears comparatively few cases each year.

Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. The courts, like Congress, can compel the production of evidence and testimony through the use of a subpoena. The inferior courts are constrained by the decisions of the Supreme Court — once the Supreme Court interprets a law, inferior courts must apply the Supreme Court’s interpretation to the facts of a particular case.

The Supreme Court of the United States

The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution.

The Constitution does not stipulate the number of Supreme Court Justices; the number is set instead by Congress. There have been as few as six, but since 1869 there have been nine Justices, including one Chief Justice. All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Since Justices do not have to run or campaign for re-election, they are thought to be insulated from political pressure when deciding cases. Justices may remain in office until they resign, pass away, or are impeached and convicted by Congress.

The Court’s caseload is almost entirely appellate in nature, and the Court’s decisions cannot be appealed to any authority, as it is the final judicial arbiter in the United States on matters of federal law. However, the Court may consider appeals from the highest state courts or from federal appellate courts. The Court also has original jurisdiction over limited types of cases, including those involving ambassadors and other diplomats, and in cases between states.

Although the Supreme Court may hear an appeal on any question of law provided it has jurisdiction, it usually does not hold trials. Instead, the Court’s task is to interpret the meaning of a law, to decide whether a law is relevant to a particular set of facts, or to rule on how a law should be applied. Lower courts are obligated to follow the precedent set by the Supreme Court when rendering decisions.

In almost all instances, the Supreme Court does not hear appeals as a matter of right; instead, parties must petition the Court for a writ of certiorari. It is the Court’s custom and practice to “grant cert” if four of the nine Justices decide that they should hear the case. Of the approximately 7,500 requests for certiorari filed each year, the Court usually grants cert to fewer than 150. These are typically cases that the Court considers sufficiently important to require their review; a common example is the occasion when two or more of the federal courts of appeals have ruled differently on the same question of federal law.

If the Court grants certiorari, Justices accept legal briefs from the parties to the case, as well as from amicus curiae, or “friends of the court.” These can include industry trade groups, academics, or even the U.S. government itself. Before issuing a ruling, the Supreme Court usually hears oral arguments, where the various parties to the suit present their arguments and the Justices ask them questions. If the case involves the federal government, the Solicitor General of the United States presents arguments on behalf of the United States. The Justices then hold private conferences, make their decision, and (often after a period of several months) issue the Court’s opinion, along with any dissenting arguments that may have been written.

The Judicial Process

Article III of the Constitution of the United States guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one’s peers.

The Fourth, Fifth, Sixth, and Eighth Amendments to the Constitution provide additional protections for those accused of a crime. These include:

• A guarantee that no person shall be deprived of life, liberty, or property without the due process of law
• Protection against being tried for the same crime twice (“double jeopardy”)
• The right to a speedy trial by an impartial jury
• The right to cross-examine witnesses, and to call witnesses to support their case
• The right to legal representation
• The right to avoid self-incrimination
• Protection from excessive bail, excessive fines, and cruel and unusual punishments

Criminal proceedings can be conducted under either state or federal law, depending on the nature and extent of the crime. A criminal legal procedure typically begins with an arrest by a law enforcement officer. If a grand jury chooses to deliver an indictment, the accused will appear before a judge and be formally charged with a crime, at which time he or she may enter a plea.

The defendant is given time to review all the evidence in the case and to build a legal argument. Then, the case is brought to trial and decided by a jury. If the defendant is determined to be not guilty of the crime, the charges are dismissed. Otherwise, the judge determines the sentence, which can include prison time, a fine, or even execution.

Civil cases are similar to criminal ones, but instead of arbitrating between the state and a person or organization, they deal with disputes between individuals or organizations. In civil cases, if a party believes that it has been wronged, it can file suit in civil court to attempt to have that wrong remedied through an order to cease and desist, alter behavior, or award monetary damages. After the suit is filed and evidence is gathered and presented by both sides, a trial proceeds as in a criminal case. If the parties involved waive their right to a jury trial, the case can be decided by a judge; otherwise, the case is decided and damages awarded by a jury.

After a criminal or civil case is tried, it may be appealed to a higher court — a federal court of appeals or state appellate court. A litigant who files an appeal, known as an “appellant,” must show that the trial court or administrative agency made a legal error that affected the outcome of the case. An appellate court makes its decision based on the record of the case established by the trial court or agency — it does not receive additional evidence or hear witnesses. It may also review the factual findings of the trial court or agency, but typically may only overturn a trial outcome on factual grounds if the findings were “clearly erroneous.” If a defendant is found not guilty in a criminal proceeding, he or she cannot be retried on the same set of facts.

Federal appeals are decided by panels of three judges. The appellant presents legal arguments to the panel, in a written document called a “brief.” In the brief, the appellant tries to persuade the judges that the trial court made an error, and that the lower decision should be reversed. On the other hand, the party defending against the appeal, known as the “appellee” or “respondent,” tries in its brief to show why the trial court decision was correct, or why any errors made by the trial court are not significant enough to affect the outcome of the case.

The court of appeals usually has the final word in the case, unless it sends the case back to the trial court for additional proceedings. In some cases the decision may be reviewed en banc — that is, by a larger group of judges of the court of appeals for the circuit.

A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a “writ of certiorari,” which is a document asking the U.S. Supreme Court to review the case. The Supreme Court, however, is not obligated to grant review. The Court typically will agree to hear a case only when it involves a new and important legal principle, or when two or more federal appellate courts have interpreted a law differently. (There are also special circumstances in which the Supreme Court is required by law to hear an appeal.) When the Supreme Court hears a case, the parties are required to file written briefs and the Court may hear oral argument.

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Lesson Plan: Federal Court Structure

Structure of the Federal Court System

L. Ralph Mecham, Director of the U.S. District Court System, explains the three levels of the Federal Court System.

Description

The Judicial Branch’s powers are outlined in Article III of the United States Constitution. Article III creates the U.S. Supreme Court and gives Congress the ability to create “inferior” courts, which make up our federal court system. Students will begin the lesson by learning about the three levels of the Federal Court System. Students will continue in the lesson to gain an understanding of how the three levels of federal court work together through following the landmark Supreme Court case Katz v. U.S., through the court system.

Vocabulary Introduction:

Before beginning the lesson, have students test their understanding of the following vocabulary words. You may print this out or you may assign it to each student individually using Google Classroom or Schoology or another classroom platform. This activity is divided into two pages.

Activity: Vocabulary Drag and Drop Activity (Google Slides)

• Jurisdiction
• Original Jurisdiction
• Appellate Jurisdiction
• Wiretapping

Federal laws

INTRODUCTION:

As a class, view the video clip linked below and have the students work in groups to complete the graphic organizer

Video Clip: Structure of the Federal Court System (3:41)

Graphic Organizer: Federal Court System (Google Doc)

The link for the video is in the graphic organizer so students may listen as many times as they need to hear all the information needed to complete the organizer. You could also assign the Graphic Organizer to students individually using Google Classroom or Schoology or another platform. Remember to make a copy before assigning to students.

At the bottom of the organizer students will go to the Federal Court Finder on the uscourts.gov website to find the Circuit and District courts that represent their location.

Here is a KEY for the Graphic Organizer

EXPLORATION:

Assign students to complete the Katz v. United States Assignment on the handout linked below. Remember to make a copy of the document before assigning to each student. You will be able to post this assignment in Google Classroom, Schoology, or other platforms. Students will independently work through the presentation, viewing video clips and answering questions within the presentation.

Assignment: Katz v. United States (Google Slides)

Answer Key for Katz v United States Assignment

VIDEO CLIPS:

Video Clip: Who was Charles Katz (:48)

Video Clip: The Beginning of Katz v U.S. (1:12)

Video Clip: Laws Broken in Katz v U.S. ( :57)

Video Clip: Tracing Katz v U.S. Through the Court System (1:29)

Video Clip: Katz v U.S. Timeline (:40)

Video Clip: Reasons for Circuit Court Decision, Katz v U.S. (:28)

Video Clip: Reason Supreme Court will Agree to Hear a Case (1:14)

Video Clip: Decision in Katz v. U.S. (1:38)

• Video Clip: Reaction to Decision in Katz v U.S. (:26)

Have students watch the video clip below and give students 5 minutes to write down their thoughts on the extent to how the decision in this case should apply to current methods of communication and technologies. This is a Quick Write. Students do not need to write in complete sentences and it does not need to be collected. As a whole class, students share their ideas and thoughts. You could also turn the quick write into an essay, for students to complete as an assessment.

Video Clip: Future of Privacy Rights (2:57)

Additional Resources

• Bell Ringer: How Does the Supreme Court Decide Which Cases to Hear
• Bell Ringer: The Federal Court System
• Federal Laws

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The first amendment, article iii, judicial branch.

Signing Details

Signed in convention September 17, 1787. Ratified June 21, 1788. A portion of Article III, Section 2, was changed by the 11th Amendment

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Interpretations & Debate

Read interpretations of article iii, section 1.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;-- to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Read Interpretations of Article III, Section 2

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Read Interpretations of Article III, Section 3

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Understanding the Role of the Judicial Branch in Government

Exploring the functions and significance of the judicial branch..

The judicial branch of government plays a crucial role in upholding the rule of law and ensuring justice is served in society. Comprised of the Supreme Court and lower federal courts, this branch interprets the laws passed by Congress and ensures they align with the Constitution. In this article, we will delve into the various responsibilities and functions of the judicial branch, shedding light on its importance in maintaining a fair and just society.

One of the primary functions of the judicial branch is to interpret the laws of the land. When disputes arise over the interpretation of a law or its constitutionality, individuals and organizations can turn to the courts for resolution. The Supreme Court, in particular, has the final say on matters of constitutional interpretation, setting important precedents that shape the legal landscape for years to come.

In addition to interpreting laws, the judicial branch also plays a key role in checking the power of the other branches of government. Through the process of judicial review, the courts can declare laws or actions of the executive or legislative branches unconstitutional. This serves as an important check on governmental power, ensuring that no branch oversteps its constitutional bounds.

The judicial branch is also responsible for resolving disputes between individuals, organizations, and governments. Whether it's a contract dispute, a criminal case, or a civil rights issue, the courts provide a forum for parties to present their cases and seek a fair resolution. Judges and juries weigh the evidence presented and apply the law to render a decision that upholds justice and fairness.

Furthermore, the judicial branch is instrumental in protecting the rights and liberties of individuals. Through landmark decisions, such as Brown v. Board of Education and Roe v. Wade, the courts have expanded civil rights and liberties for all Americans. The judiciary serves as a guardian of the Constitution, ensuring that the rights enshrined in this founding document are upheld and protected.

It is important for municipal officials, including mayors, councilmembers, and city managers, to understand the roles of the judicial branch in government. By recognizing the importance of an independent judiciary and the rule of law, local officials can work to uphold the principles of justice and fairness in their communities. Municipal governments often interact with the courts on a variety of issues, from zoning disputes to civil rights cases, making it essential for officials to have a basic understanding of the judicial system.

The Colorado Judicial Institute, a 45-year-old nonprofit organization, was originally founded to focus on the state's system of appointing judges. This organization highlights the importance of an independent and impartial judiciary in ensuring justice for all. By supporting efforts to educate the public about the role of the judiciary and advocating for a fair and impartial legal system, the Colorado Judicial Institute contributes to the integrity of the judicial branch.

In recent news, the crisis in Israel has reached a significant moment with an attempt at the Supreme Court to overturn a controversial law passed by the government. This case underscores the pivotal role of the judiciary in upholding the rule of law and serving as a check on governmental power. The Supreme Court's decision in this matter will have far-reaching implications for the legal and political landscape of Israel.

In conclusion, the judicial branch of government plays a vital role in upholding the rule of law, protecting individual rights, and ensuring justice is served in society. Municipal officials, nonprofit organizations, and individuals alike should have a basic understanding of the functions and significance of the judicial branch. By recognizing the importance of an independent judiciary and the principles of justice and fairness, we can work together to uphold the foundations of our democracy.

District Court Administrator I - 25th Judicial District

Job posting for district court administrator i - 25th judicial district at kansas judicial branch.

• Plans and organizes administrative services; determines organizational requirements and plans office layout, space utilization, and workflow of court administrative activities.
• Assigns employees to administrative and clerical functions; develops and establishes procedures for operating and maintaining required workflow and administrative systems; procures equipment and supplies to perform administrative services of the court and disseminates information to court employees.
• Directs budgeting, accounting, personnel, payroll, statistics, purchasing, financial reporting, jury management, property and space management and other major staff services; directs employees in the preparation, reproduction, and distribution of court orders, directives, administrative publications, communications, and reports; directs employees in the identification and evaluation of court record material and in the application of proper record filing and disposition procedures; and directs the records management activities of the judicial district.
• Prepares and presents budget requests.
• Plans, organizes, and monitors special projects; prepares grant applications for funding and prepares progress reports.
• Evaluates the effectiveness of personnel and administrative programs to determine requirements for program modification and personnel training, promotion, or reassignment; establishes personnel training programs.
• Develops plans and programs for the application of electronic data processing to court processes and evaluates funding resources.
• Directs the development of programs required to achieve the objectives of the court.
• Coordinates with the Office of Judicial Administration in the development and completion of special projects or assignments.
• Confers with judges, all levels of court staff, county commissioners, attorneys, litigants, public and private agencies, criminal justice system participants and the public to ensure adequate communication, administrative services and provide for changing or unusual demands.
• Performs related work as required.
• Knowledge of modern principles and practices of public and court administration.
• Knowledge of court procedures, legal documents, laws, and legal factors pertaining to the court.
• Knowledge of the organization, functions, responsibilities, and procedures of the courts.
• Ability to organize, direct, and coordinate the administrative activities of a judicial district in a manner conducive to full performance and high morale.
• Ability to express ideas on technical subjects clearly and concisely, orally and in writing.

MinSalary: 64535

MaxSalary: 89185

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Family Law Advisory Commission (FLAC) Meetings and Minutes

Unless otherwise noted, all FLAC 2024 meeting dates will take place from 10:00 a.m. to 1:00 p.m. in the Hickory Room at the N.C. Judicial Center, 901 Corporate Center Drive in Raleigh with a hybrid Webex option:

December 6, 2024 N.C. Judicial Center, Raleigh 10:00 a.m. Via Webex

September 6, 2024 -- CANCELED N.C. Judicial Center, Raleigh 10:00 a.m. Via Webex

June 14, 2024 N.C. Judicial Center, Raleigh 10:00 a.m. Via Webex

March 8, 2024

January 5, 2024 (rescheduled from December 2023)

December 1, 2023 -- Rescheduled to January 5, 2024

September 22, 2023

June 9, 2023

March 10, 2023

December 9, 2022

September 16, 2022

June 17, 2022

March 11, 2022

December 10, 2021

September 17, 2021

June 11, 2021

March 12, 2021

December 18, 2020

September 18, 2020

February 28, 2020

December 6, 2019

September 6, 2019

June 7, 2019

March 1, 2019

December 7, 2018

June 8, 2018

April 6, 2018