THE THE JUDICIAL JUDICIAL BRANCHBRANCH

The Federal Court SystemThe Federal Court System established in Article IIIestablished in Article III

The Federal Court system is established in the

Constitution

The The jurisdictionjurisdiction, or , or authority to hear authority to hear

and decide a case, and decide a case, is also establishedis also established

(III, 2, 1)(III, 2, 1)

The Federal Courts have

jurisdiction over the following areas

the Constitutionthe Constitution

federal lawsfederal laws

law of the high seaslaw of the high seas

disputes involving the U.S. Governmentdisputes involving the U.S. Government

disputes between states, or citizens of different statesdisputes between states, or citizens of different states

disputes involving foreign governmentsdisputes involving foreign governments

EVERYTHING ELSE GOESTO THE STATE EVERYTHING ELSE GOESTO THE STATE AND LOCAL COURTSAND LOCAL COURTS

THE LOWER FEDERAL THE LOWER FEDERAL COURTSCOURTS

District Courts

Courts of Appeals

District CourtsDistrict Courts

• federal courts where lawsuits are begun

• at least 1 per state

• district courts handle most of the Federal Court System's work (90%)

• district courts have original jurisdiction: the authority to hear cases the first time

http://www.wied.uscourts.gov/

Courts of AppealsCourts of Appeals(Circuit courts)(Circuit courts)

• these courts only hear cases that are appealed from lower courts

• appellate jurisdiction

Additional courtsAdditional courtsMilitary courts

Territorial courts

US Tax Court

Claims courts

THE U.S. SUPREME COURTTHE U.S. SUPREME COURT

the highest court in

the land

The Supreme Court rarely has original original

jurisdictionjurisdiction - almost all of the cases that come to the Supreme Court are

from appeals

The JusticesThe Justices

9 Justices, including a Chief Justiceappointed by the President, they hold their terms until they die, resign, or are impeached

very powerful, very prestigious

The Supreme Court has the power of

judicial reviewjudicial review this allows the Court to

review any law and decide if it is unconstitutional

From Marbury v. Madison, 1803

but only if the law comes to the Court in a case

The Supreme Court is the

final authorityfinal authority on the

Constitution and the laws of

the United States.

How can a Supreme Court

decision be overturned?A new decision by the Court

A constitutional amendment

MAKING A RULING

MAKING A RULING

MAJORITY OPINION

DISSENTING OPINION

CONCURRING OPINION

INTERPRETING THE CONSTITUTION

Judicial Activism vs. Judicial Restraint

Loose Interpretation vs. Strict Interpretation