This overview to the Judicial Branch of Government was prepared with the California History-Social Science Content Standards in mind. It is intended to provide teachers with useful background information regarding the judicial branch that will support the lessons and activities contained in the Resource Guide. Please note: the terms "judicial branch" and "court system" are used interchangeably throughout this section.
The Constitution, written as the foundation of our government, is designed to restrict government power and protect citizens' rights. The colonists who created the Constitution were very concerned about the abuse of government power. To prevent this, the system of government they created provides separate branches that have different jobs. Separation of powers is essential for each branch to fulfill its important role. There are also checks and balances to make sure no single branch has too much power. The three branches of government created by the Constitution are the Legislative (congress), Executive (president) and Judicial (courts). The legislative branch makes the laws. The executive branch enforces the laws. The judicial branch interprets and applies the laws to resolve disputes between parties.
The Constitution requires that all persons are treated equally. Thus, whether you are rich or poor, weak or powerful, you are subject to the same laws and procedures and receive the same rights. The Constitution, not the current government leaders or will of the majority of voting citizens, is supreme. This is called the "rule of law". The framers of the Constitution also learned from their experience with King George and Great Britain during the time leading up to the American Revolution that judges needed to be independent from the other branches of government to be able to protect citizens' rights. As Alexander Hamilton stated when describing his vision for the new country's judicial department " There is no liberty if the power of judging is not separated from the legislative and executive powers."
Each of the 50 states also has a constitution. Both the federal and California constitutions include protections of basic rights. For example, both documents provide a right to speak freely and exercise religious beliefs. Many of the rights found in the Bill of Rights (first ten amendments of the U.S. Constitution) and the California Declaration of Rights are for the purpose of ensuring a fair judicial process. These rights are called "due process rights" and include such provisions in criminal cases as the right to a speedy public trial and for the defendant to have the assistance of counsel for his or her defense.
The disputes that come before courts may be between individuals, between the government and individuals, between individuals and corporations and between organizations. The types of cases that people bring to the court for solution are both big and small. For example, people come to the state courts to resolve traffic tickets, adopt children, work out problems with their neighbors, get a divorce, and answer charges of violating criminal laws. In all types of cases, the courts are relied on to interpret the law, protect our rights and provide a place where people can resolve their disputes peacefully. They serve as the referee between the government and the people by figuring out the limits of government power and the extent of an individual's rights and responsibilities. When people feel they have been injured or treated unjustly, they come to the courts for help.
All states, including California, have two separate and distinct court systems: one federal and one state. The American Bar Association notes that 98% of court cases are heard in the state courts. This difference in workload is because most of the legal issues that come before courts involve disputes governed by state laws, not federal. Each court system is described below.
American Bar Association, Law and the Courts, Volume II, Court Procedures, page 5. Chicago, Illinois: American Bar Association, 1998.
In September of 1849, 48 delegates gathered in Monterey California to draft the California Constitution. The judicial system created under this constitution included a supreme court (one chief justice and two associate justices), district courts, county courts and justices of the peace.
The first Chief Justice of the California Supreme Court was Serranus Clinton Hastings (served 1850-1852). Many of the court's early cases dealt with Gold Rush issues such as "..titles to property, mining and agricultural issues, and rights to water and minerals on public lands . "Changing circumstances in the state, particularly due to population growth and economic development, led to a need to modify the original court structure. The new Constitution of 1879 created an entirely new judicial system. The new system included a superior court in each county, most having one judge but a few having two, and a larger supreme court. Later, more changes occurred by constitutional amendment, including adding a new level of appeals courts.
Today, Article VI, Section 1 of the California Constitution reads as follows:
"The judicial power of this State is vested in the Supreme Court, courts of appeal, superior courts, and municipal courts, all of which are courts of record".
Municipal Courts typically handled a high volume workload consisting primarily of civil cases of limited jurisdiction, small claims, traffic and misdemeanor offenses. They no longer exist in California. In 1998, California voters approved a constitutional amendment that allows judges in each county to "unify" (vote to become a superior court instead of being a separate municipal and superior court). Since 2001, all California municipal and superior courts have been unified and each county has one superior court. Each type of California court is described below.
The Supreme Court of California , 2003 Edition-Containing the Internal Operating Practices and Procedures of the California Supreme Court, Supreme Court of California, 2003, Part 1, page 19.
Virtual Museum of the City of San Francisco, Seventy-Five Years of Law in California, Jeremiah F. Sullivan, 1925, http://www.sfmuseum.net/hist9/bryce3.html, accessed January 14, 2004.
California Judicial System (chart)
A California court case begins in the superior court. The superior court is a trial court at the county level in which a judge or jury decides cases by applying the law to the facts presented by the evidence, including witness testimony and documentary evidence. The superior courts handle a very large workload:over 8 million cases per year. There are many different types of cases heard, but they are grouped into two main categories: civil and criminal. Civil cases are brought against individuals or organizations by other individuals or organizations. In some civil cases, the person who is filing the case (called the plaintiff) is asking for money damages to be paid by the other person (called the defendant). In other kinds of civil cases, the parties ask the court to take a certain action, such as allow the adoption of a child, end a marriage, decide what should happen with the belongings of a person who died, or change someone's name.
Criminal cases may involve something minor such as a traffic ticket or something very serious such as a murder case. When a criminal case is filed, it is filed by the government instead of an individual person. This is because when someone is charged with breaking a law, he/she is accused of violating the laws of society. The attorney who works for the government and files the criminal case is called the prosecutor. The prosecutor must prove to the judge or jury that the accused person (called the defendant) is guilty beyond a reasonable doubt. The person who represents the defendant in court is called the defense attorney. Criminal cases point out two important rights provided by our system of laws. First, all persons accused of a crime are believed to be innocent until they are proven guilty. Second, persons accused of serious crimes (called misdemeanors or felonies) who cannot afford an attorney, will have one appointed by the court. These provisions help protect everyone's rights.
In California, each of the 58 counties has one superior court with as few as two judges in smaller courts to more than 400 in the largest court (Los Angeles). Statewide, there are a total of 1498 authorized superior court judges. Superior court judges are elected by the voters in the county where the court is located to serve six-year terms.
California Courts, Fact Sheet-California Courts, http://www.courtinfo.ca.gov/reference/documents/cajudsys.pdf , accessed January 14, 2004.
Illustrated Civil Court Flow Chart
Appeals made in California courts involve California laws and court decisions. An appeal is a request to a higher court to review a decision made in a completed trial or proceeding at the superior court level. After a trial is completed, if the losing party is dissatisfied with the result and believes that an error was made by the court, the party may file an appeal in the court of appeal. In a criminal case, the defendant may appeal a guilty verdict, but the government may not appeal a verdict of not guilty. The reason for the difference is that both the California and U.S. Constitutions prohibit "double jeopardy" or being tried twice for the same crime.
The courts of appeal decide questions of law, such as whether the superior court judge applied the law correctly in a case. The courts make these decisions based on the evidence and other information from the superior court case; they do not hear testimony or retry cases. Appellate judges spend their time hearing oral arguments, researching the law involved in a case, conferring about cases and writing opinions. Other differences between appeals courts and trial courts are that appeals courts do not have juries and there are usually three judges (called justices in the appeals court) instead of one.
"The Legislature has divided the state geographically into six appellate districts, each containing a Court of Appeal". The main court facilities for these districts are located in San Francisco, Los Angeles, Sacramento, San Diego, Fresno and San Jose. Each division of the appeals court has one presiding justice and two or more associate justices. The justices are appointed by the Governor and confirmed by voters statewide for 12-year terms.
The Supreme Court of California, 2003 Edition-Containing the Internal Operating Practices and Procedures of the California Supreme Court, page 1. Supreme Court of California, 2003. http://www.courtinfo.ca.gov/courts/supreme/documents/supreme2003-1.pdf , accessed 8/25/03.
The California Supreme Court is the highest court in the state. "The California Supreme Court may review decisions of the Courts of Appeal to settle important questions of law and ensure that the law is applied uniformly in all six appellate districts." It is called the "court of last resort" in California because its decisions are binding on all other courts of this state.
The Court has the authority to decide which cases it should hear. Exceptions to this are some cases where the court has original jurisdiction and death penalty cases, which are automatically appealed to the Supreme Court. The requests for review and other work resulted in a workload of nearly 9,000 cases in 2001-2002. Each case accepted for review involves many steps including reviewing the merits, hearing arguments presented by the attorneys for each side, preparing a "written opinion that explains and resolves the legal issues raised and guides the lower courts in applying the law". The California Supreme Court decides many important legal issues for the state.
The California Supreme Court includes one Chief Justice and six Associate Justices. The justices are appointed by the Governor and confirmed by voters statewide for 12-year terms. The court has its main office in San Francisco, but also has offices in Sacramento and Los Angeles.
Ibid, page 19. Ibid, page 2.
The federal court system is provided for by Article III of the United States Constitution.
"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."
This part of the constitution is short but very important. It means that federal judges may not have their pay reduced or be removed from office if they make a decision that rules against one of the other branches of government or is unpopular with the will of the majority of voting citizens. This allows judges to maintain the supremacy of the constitution and the rule of law .The federal courts are sometimes called the "guardians of the constitution" because their rulings protect rights and liberties guaranteed to all by the constitution.
There are two main types of federal courts (trial and appeals) but three different levels described below. In addition to the courts that will be described here (district courts, courts of appeal and the supreme court), there are other special federal courts that hear only certain types of cases. The federal courts are organized into 12 circuits and 94 districts. Each circuit has an appeals court. Each district has a trial court and a bankruptcy court. All of the federal courts (also called United States Courts) located in California are part of the Ninth Circuit. The Ninth Circuit is the largest of the federal circuits in size, population, number of federal judges and volume of litigation. California has four federal judicial districts, which have their main courthouses in San Francisco, Sacramento, Los Angeles and San Diego .
"A case may be filed in federal court only if there is a specific federal law or a provision in the U.S. Constitution granting the federal courts jurisdiction (the right or authority to apply the law)." The United States District Courts are the trial courts of the federal system. This means that they are the first courts to make a decision about the dispute, by listening to testimony, reviewing other evidence and applying the law. District courts hear legal disputes in which the United States is a party, in which the opposing parties are different states or where the parties are citizens of different states. Most cases that are filed in the district courts are completed there (do not go on to appeal).
District courts hear about 80% of the federal court cases. The number of judges in a district varies from 2 to 28. The president has the power to nominate individuals he believes are qualified for these positions. The nominations must be approved by the U.S. Senate.
American Bar Association, Law and the Courts, Volume I, The Role of the Courts, page 9 . Chicago, Illinois:American Bar Association, 2000,emphasis in original.
An appeal is a request to a higher court to review a decision made in a completed trial or proceeding. Most appeals come to the U.S. Courts of Appeal from district courts located in the same circuit. These courts hear both criminal and civil cases. As with the state courts, either side in a civil case may appeal the verdict, but in criminal cases, the right to appeal convictions is reserved for defendants.
Not everyone losing a case can file an appeal. The main reason is that there has to be a legal basis for the appeal; just wanting a different outcome is insufficient. Most of the cases that are appealed to the U.S. Courts of Appeal do not go on to the U.S. Supreme Court. Like the district court judges, courts of appeal judges are nominated by the president and confirmed by the senate.
The U.S . Supreme Court is the highest court in the land for all cases arising under the Constitution or the laws of the United States. "As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and thereby, also functions as guardian and interpreter of the Constitution". It has the authority to invalidate (cancel) legislation or executive actions which in the Court's judgment conflicts with the Constitution. This power is called "judicial review".
The power of judicial review is not specifically stated in the Constitution, but was established by Chief Justice John Marshall in 1803, in the case of Marbury v. Madison. Marshall said that it was the judiciary's duty to say what the law is; thus courts are to decide which is the governing law if two laws conflict. This decision also made it clear that if the Constitution and an "ordinary legislative act" conflict, "the Constitution and not such ordinary act, must govern the case to which they both apply".
The important power of judicial review has been used sparingly by the Court. Some famous rulings have been issued where the Court has applied the Constitution to overturn laws or resolve conflicts between the branches of government, but only infrequently: in over 200 years, only 150 federal statutes have been declared unconstitutional by the Supreme Court.
One well-known example of judicial review is a case that turned 50 years old on May 17, 2004, Brown v. Board of Education of Topeka, Kansas . Before this case, it was acceptable for public schools to segregate "colored" and "white" children as long as the separate facilities provided for blacks were equal to those provided to whites. This practice was known as "separate but equal". The issue in the Brown case was whether or not segregation deprived students of equal protection under the law as guaranteed by the Fourteenth Amendment of the U.S. Constitution. The Court unanimously decided in the Brown case that segregation of the public schools was unconstitutional. Thus, the Brown case illustrates how judicial review ensures that laws are fair and in alignment with the Constitution.
The United States Supreme Court is composed of one Chief Justice and eight Associate Justices. Supreme Court Justices are appointed in the same manner as other federal judges. The Court's workload has grown steadily from about 1,460 cases in 1945 to 2,313 in 1960, to a current total of 7,000 on the docket per Term. One million visitors per year visit the Court, which is located in Washington D.C. The Court has a large courtroom where up to 300 visitors can hear the oral arguments presented by attorneys to the justices.
Supreme Court decisions may have far-reaching effects on the country, such as the Marbury v. Madison decision that established the power of judicial review and the Brown decision above. Some of the justices become very famous, such as Thurgood Marshall, but others are lesser known, despite the sweeping effects of their decisions. In part, this is because the role of a judge in protecting individual liberties, requires a strict code of ethics that limits a judges ability to discuss cases and to advocate on his or her own behalf. The California Judicial Education for Youth Project materials include references to many resources for additional information about the unique role of judges.
American Bar Association Division for Public Education, Law Day 2003 Planning Guide Independent Courts Protect Our Liberties, page iii , Chicago, Illinois: American Bar Association, 2002.
American Bar Association, Law and the Courts, Volume I, The Role of the Courts, pages 6-7. Chicago, Illinois: American Bar Association, 2000.
Supreme Court of the United States, About the Supreme Court, The Justices' Caseload, http://www.supremecourtus.gov/about/justicecaseload.pdf page 1, accessed 8/26/03
The Missouri Bar Advisory Committee on Citizenship Education, The Citizenship Educator, page 2, http://www.mobar.org/teach/ced0598.pdf
Supreme Court of the United States, The Court and Constitutional Interpretation, http://www.supremecourtus.gov/about/constitutional.pdf , page 1, accessed 8/25/03.
Judges serve the public by using their legal skills and knowledge to impartially interpret and apply our laws. Although their duties differ depending on the type of court in which they serve, all judges are sworn to uphold our laws and constitutions. Trial court judges at all levels have many responsibilities. Their primary function is to preside over trials and other hearings.They also spend a significant amount of their time reviewing cases, researching the law, ruling on motions, and writing orders. They must keep many cases moving through the court system and at the same time ensure that each case receives individual justice.
Appellate court judges, including those on the courts of appeal and the supreme court, do not preside over trials. Their review of a case is limited to the court record made in the lower court. Appellate judges spend their time hearing oral arguments, researching the law involved in a case, conferring about cases and writing opinions. These opinions are very important to the legal system. For example, the decisions of the California Supreme Court represent the final authority on matters involving the California Constitution and state law.
When deciding a case, judges must consider only the evidence presented, the applicable law and the legal issues raised by the parties. When there is disagreement about the meaning or application of a law, judges follow established legal principles in making decisions. By applying established laws equally and impartially to everyone regardless of who they are, the rule of law is maintained.
Although it is appropriate for lawmakers to consider the views of their constituents when deciding public policy, judges must remain impartial when deciding cases. This distinguishes judges from legislators and executives, such as the governor or president. Judges should never represent one group over another or express preference for one policy over another. If they did, they would not be impartial. The drafters of our federal and state constitutions devised these differences to ensure that no individual or group could completely dominate our government.
An independent judiciary is essential for our system of government to work. Judicial independence does not mean that judges are not accountable to the people. Judges are accountable for their actions but not in the sense that they must rule according to public opinion. If judges make errors in their decisions, they can be corrected by a higher court on appeal. If they act unethically, they are subject to disciplinary action, including removal from office, through the judicial qualifications process. At the state level, citizens can also vote at election time whether or not to retain a judge whose term is up.
One of the fundamental rights of the United States Constitution is the right to a trial by jury. This right is provided for both criminal cases (6 th amendment) and civil cases (7 th amendment). In order to provide this right, all eligible United States citizens are required to serve on jury duty when summoned (requested) by the court. To be eligible to serve on a jury in California, you must be a U.S. citizen, over the age of 18, a resident of the county that issued the jury summons and able to understand the English language. Those who have been convicted of a felony violation, however, are ineligible for jury service.
Juries perform a very important function that is necessary to ensure a fair trial. During the trial, the judge is in charge of the courtroom and makes the final decisions regarding the law. The attorneys represent the parties in court and talk to the judge and jury on their behalf. The jurors are responsible for listening to the evidence presented in a fair and unbiased manner and for applying the law to the facts that were offered as instructed by the judge. Jurors then meet in private to discuss (deliberate) the case and make their decision. The jurors decision, called a verdict, is then presented to the court by the person the jurors selected to represent them, called the jury foreperson.