Judicial BranchJudicial Branch

Chapter 8Chapter 8

The Federal Court The Federal Court SystemSystem

Chapter 8Chapter 8

Section 1Section 1

What is the Judicial Branch?What is the Judicial Branch?

Federal Courts & the Supreme CourtFederal Courts & the Supreme Court Works alongside the state’s court Works alongside the state’s court

systemssystems Only hears certain types of cases (all Only hears certain types of cases (all

others go through state courts)others go through state courts)

Purpose of CourtsPurpose of Courts

Use the law to settle civil disputes Use the law to settle civil disputes (disagreements) and decide on guilt (disagreements) and decide on guilt or innocence of people accused of or innocence of people accused of crimescrimes

““Equal justice for all”: main purpose Equal justice for all”: main purpose of the legal system is to treat every of the legal system is to treat every person the sameperson the same

Federal Court SystemFederal Court System

Created in Article III of ConstitutionCreated in Article III of Constitution Made up of three parts:Made up of three parts:

Supreme CourtSupreme Court Appeals CourtsAppeals Courts District CourtsDistrict Courts

Most cases are heard in the state Most cases are heard in the state courtscourts

JurisdictionJurisdiction

Court’s authority to hear and decide Court’s authority to hear and decide a casea case

The Federal Court System has The Federal Court System has jurisdiction jurisdiction to hear 8 kinds of cases.to hear 8 kinds of cases.

Cases heard in Federal CourtsCases heard in Federal Courts

Cases involving the ConstitutionCases involving the Constitution Violations of federal lawViolations of federal law Controversies between statesControversies between states Disputes between parties from different Disputes between parties from different

statesstates Suits involving the federal governmentSuits involving the federal government Cases involving foreign governments & Cases involving foreign governments &

treatiestreaties Cases based on admiralty & maritime lawsCases based on admiralty & maritime laws Cases involving US DiplomatsCases involving US Diplomats

Working with the State CourtsWorking with the State Courts

In most of these areas, federal courts In most of these areas, federal courts have have exclusive jurisdictionexclusive jurisdiction Exclusive Jurisdiction: only these courts Exclusive Jurisdiction: only these courts

may hear & decide certain casesmay hear & decide certain cases In some cases, the state and federal In some cases, the state and federal

courts have courts have concurrent jurisdictionconcurrent jurisdiction Concurrent Jurisdiction: both states and Concurrent Jurisdiction: both states and

federal courts may hear & decide casesfederal courts may hear & decide cases

Concurrent JurisdictionConcurrent Jurisdiction

Examples of cases with Concurrent Examples of cases with Concurrent Jurisdiction:Jurisdiction: Cases that violate both state and federal Cases that violate both state and federal

lawslaws Cases involving citizens from different Cases involving citizens from different

statesstates

How Federal Courts are How Federal Courts are OrganizedOrganized

Chapter 8Chapter 8

Section 2Section 2

Supreme Court

Appeals Court

District Courts

U.S. District CourtsU.S. District Courts

District Courts

• All federal trials begin in the district courts because they have original jurisdiction

• original jurisdiction: authority to hear a case the first time

• Each state has at least one district court

• District courts are the only federal courts in which witnesses testify & juries hear & decide cases

U.S. Court of Appeals U.S. Court of Appeals (also called Federal Appeals Court, Circuit Court of (also called Federal Appeals Court, Circuit Court of

Appeals & Appellate Court)Appeals & Appellate Court)

If a person loses his/her case in the District Court, If a person loses his/her case in the District Court, he/she can have the case reviewed by the Appeals he/she can have the case reviewed by the Appeals Court because it has appellate jurisdictionCourt because it has appellate jurisdiction Appellate Jurisdiction: court’s authority to hear a case Appellate Jurisdiction: court’s authority to hear a case

appealed from a lower courtappealed from a lower court There are 13 US courts of appeals called There are 13 US courts of appeals called circuitscircuits The 13The 13thth appeals court has nationwide jurisdiction, appeals court has nationwide jurisdiction,

meaning it can hear special cases meaning it can hear special cases

Appeals Court

13th Federal Circuit

12th Circuit

Types of Decisions in Appeals Types of Decisions in Appeals CourtsCourts

Appeals Courts trials have only a judge, Appeals Courts trials have only a judge, no juriesno juries

They may make one of three possible They may make one of three possible decisions:decisions: Uphold original decisionUphold original decision Reverse the original decisionReverse the original decision Remand (send back) to lower court to be Remand (send back) to lower court to be

retriedretried

Announcing the DecisionAnnouncing the Decision

When the court decides, one judge When the court decides, one judge writes the court writes the court opinionopinion, or decision, or decision This sets a This sets a precedent precedent for other courts in for other courts in

the future to look at if a similar situation the future to look at if a similar situation happenshappens

Federal JudgesFederal Judges

550+ federal judges550+ federal judges President appoints judges & Senate President appoints judges & Senate

must approvemust approve Senatorial Courtesy: president submits Senatorial Courtesy: president submits

name to senators from candidate’s state name to senators from candidate’s state to make sure they approveto make sure they approve

Judges are appointed for life Judges are appointed for life Only removed through impeachmentOnly removed through impeachment

Other Court OfficersOther Court Officers Magistrate Judges: handle routine workMagistrate Judges: handle routine work

Example: search & arrest warrantsExample: search & arrest warrants U.S. Attorneys: government lawyersU.S. Attorneys: government lawyers

Represent US government in civil casesRepresent US government in civil cases Appointed to 4-year terms by Pres. (approval Appointed to 4-year terms by Pres. (approval

by Senate)by Senate) Report to U.S. Attorney General (Head of Report to U.S. Attorney General (Head of

Justice Department)Justice Department) U.S. MarshalU.S. Marshal

Make arrests, collect fines, protect jurors, serve Make arrests, collect fines, protect jurors, serve papers (such as subpoenas: order requiring papers (such as subpoenas: order requiring someone to appear in court), etc.someone to appear in court), etc.

Appointed by Pres. (approval of Senate)Appointed by Pres. (approval of Senate)

The United States The United States Supreme CourtSupreme Court

Chapter 8Chapter 8

Section 3Section 3

Supreme Court JurisdictionSupreme Court Jurisdiction

SC has original jurisdiction in only 2 SC has original jurisdiction in only 2 casescases Cases involving diplomats from foreign Cases involving diplomats from foreign

countriescountries Cases involving states Cases involving states

All other cases begin in the District All other cases begin in the District Courts.Courts.

SC JusticesSC Justices

9 Justices (one is the “Chief Justice”)9 Justices (one is the “Chief Justice”) Choose cases to hear from many Choose cases to hear from many

thousands each yearthousands each year Appointed by Pres & Confirmed by Appointed by Pres & Confirmed by

SenateSenate All former lawyersAll former lawyers

SC JusticesSC Justices1.1. John Roberts (Chief Justice)John Roberts (Chief Justice)2.2. Elena Kagan (confirmed in May 2010)Elena Kagan (confirmed in May 2010)3.3. Stephen BreyerStephen Breyer4.4. Antonin ScaliaAntonin Scalia5.5. Clarence ThomasClarence Thomas6.6. Anthony KennedyAnthony Kennedy7.7. Ruth Bader GinsburgRuth Bader Ginsburg8.8. Samuel AlitoSamuel Alito9.9. Sonia Sotomayor (confirmed in May Sonia Sotomayor (confirmed in May

09)09)

Milestones in Justice HistoryMilestones in Justice History

First African American Justice: First African American Justice: Thurgood Marshall (1967)Thurgood Marshall (1967)

First Female Justice: Sandra Day First Female Justice: Sandra Day O’Connor (1981)O’Connor (1981)

First Hispanic Justice: Sonia First Hispanic Justice: Sonia Sotomayor (2009)Sotomayor (2009)

Powers of the SCPowers of the SC

Judicial Review: decide whether any Judicial Review: decide whether any federal, state or local law or federal, state or local law or government action is constitutional, government action is constitutional, or allowed by the Constitutionor allowed by the Constitution SC gained this power after Marbury v. SC gained this power after Marbury v.

MadisonMadison Main job of courts is to interpret Main job of courts is to interpret

laws, or decide what laws actually laws, or decide what laws actually meanmean

Marbury v. MadisonMarbury v. Madison

Established power of judicial reviewEstablished power of judicial review Also, established that Constitution is Also, established that Constitution is

supreme law of the landsupreme law of the land In a conflict between Constitution and In a conflict between Constitution and

other law, Constitution rules other law, Constitution rules (“Supremacy Clause”)(“Supremacy Clause”)

Judicial Branch can nullify, or cancel, Judicial Branch can nullify, or cancel, laws that conflict with Constitution. They laws that conflict with Constitution. They will declare the law unconstitutional.will declare the law unconstitutional.

Checks & BalancesChecks & Balances

Judicial Branch can check and be Judicial Branch can check and be checked by the other two branches checked by the other two branches of governmentof government Examples: President appoints justices, Examples: President appoints justices,

SC can nullify law, etc.SC can nullify law, etc.

Turn to Page 205Turn to Page 205

How does the number of cases heard How does the number of cases heard compare to the number of cases that compare to the number of cases that are decided by the Supreme Court?are decided by the Supreme Court?

Deciding Cases at the Deciding Cases at the Supreme CourtSupreme Court

Chapter 8Chapter 8

Section 4Section 4

How Cases Reach the CourtHow Cases Reach the Court

Supreme Court conducts business Supreme Court conducts business from October-June/Julyfrom October-June/July

Each month they spend:Each month they spend: 2 weeks listening to oral arguments2 weeks listening to oral arguments 2 weeks writing opinions/studying other 2 weeks writing opinions/studying other

casescases 200 cases heard each year (out of 200 cases heard each year (out of

7,000 submitted)7,000 submitted)

Steps in Decision MakingSteps in Decision Making1.1. Written Argument: Each lawyer writes a Written Argument: Each lawyer writes a

briefbrief

2.2. Oral Argument: Each lawyer presents his Oral Argument: Each lawyer presents his side for 30 min.side for 30 min.

3.3. Conference: Judges meet to decide case.Conference: Judges meet to decide case.Majority opinion: explains the court’s final Majority opinion: explains the court’s final

decision or rulingdecision or ruling

Dissenting opinion: written by justice/justices who Dissenting opinion: written by justice/justices who disagree with majority opinion & explains disagree with majority opinion & explains their opinion on the casetheir opinion on the case

Concurring opinion: agree with majorityConcurring opinion: agree with majority

4.4. Announcement of decisionAnnouncement of decision

Influences on the JudgeInfluences on the Judge

The law should be the most important The law should be the most important influence in a judge’s decision!influence in a judge’s decision!

Stare DecisisStare Decisis: “let the decision stand” : “let the decision stand” means decisions in previous cases should means decisions in previous cases should be used as precedent for future cases. The be used as precedent for future cases. The laws should be interpreted the same way laws should be interpreted the same way by judges. by judges.

Judges should rely on precedent, but they Judges should rely on precedent, but they must also change with the times.must also change with the times. Ex. Segregation was acceptable to society in Ex. Segregation was acceptable to society in

the 1950s, but not in the 1960s.the 1950s, but not in the 1960s.

Criminal v. Civil CasesCriminal v. Civil Cases

Criminal: person/people commit crime & are Criminal: person/people commit crime & are prosecuted by the governmentprosecuted by the government

Prosecution: government proving a crime was Prosecution: government proving a crime was committedcommitted

Defendant: person accused of crime who is being Defendant: person accused of crime who is being prosecutedprosecuted

Civil: one party suing another party Civil: one party suing another party Plaintiff: party that is suingPlaintiff: party that is suingDefendant: party being suedDefendant: party being sued

**There are both criminal and civil cases in both the **There are both criminal and civil cases in both the state and federal court systems.state and federal court systems.