Structure and Function of Federal Courts

Unit 6 – The Judicial Branch

Source of power

All information regarding the structure and function of the Supreme Court is found in Article III of the Constitution.

All policies regarding the inferior courts (district and appellate) is found in the Judiciary Act of 1789.

Structure Supreme

Appellate

District

District Court

Created by Congress with the Judiciary Act of 1789

94 Courts that serve 94 different districts – our is in Tyler

Judges are appointed for life by the President, confirmed by the Senate, can be impeached

Has a single judge and/or a jury of your peers, bailiff, and a clerk

Only place evidence is introduced

District courts

Plaintiff – person bringing the case Defendant – person being accused of wrong

doing District Attorney – elected official

responsible for representing the people in a case against a defendant

Civil Court – someone/something was damaged but a law was not necessarily broken

Criminal Court – someone/something has broken a law

Special courts

Courts that hear cases involving expressed powers of Congress.1. Territorial Courts 2. District of Columbia Courts3. United States Tax Court

Court of Appeals (AKA Appellate court)

Created by Congress with the Judiciary Act of 1789

12 Courts of Appeals that serve 12 different circuits – ours is the 5th circuit in New Orleans

Judges serve for Life, appointed by the President, confirmed by the Senate, can be impeached

Uses a panel of judges (usually three) Only judges and attorneys are present

United States Supreme Court (SCOTUS)

Term – For Life Number – 9 (1 Chief & 8 Associate) Appointed – by President, confirmed by

Senate Salary – Associates $213,900 (Chief $223,500) Qualifications – None Are referred to as Justices

Chief Justice John Roberts

57 years oldHarvard Law Conservative

George W. Bush2005

Associate JusticeAntonin Scalia

76 years oldHarvard LawConservative

Ronald Reagan1986

Associate JusticeAnthony Kennedy

76 years oldHarvard Law

Swing Ronald Reagan

1988

Associate JusticeClarence Thomas

64 years oldYale Law

ConservativeGeorge HW Bush

1991

Associate Justice Ruth Bader Ginsburg

79 years oldHarvard Law

Liberal Bill Clinton

1993

Associate Justice Stephen Breyer

74 years oldHarvard Law

LiberalBill Clinton

1994

Associate JusticeSamuel Alito

62 years oldYale Law School

ConservativeGeorge W. Bush

2006

Associate Justice Sonia Sotomayor

58 years old

Yale Law

Liberal

Obama

First Latina

2009

Justice Elena Kagan

52 years old

Harvard Law

Liberal

Obama

2010

Which way does the court lean?

Conservatives:

Liberals:

Swingers:

Retired Justice Sandra Day O’Connor82 years oldRonald Reagan

1st woman to serve on the Supreme Court

Retired Justice Thurgood Marshall1967 - 1991Lyndon Johnson

1st African American to serve on SCOTUS

Attorney who argued and won Brown vs. Board

Judicial review

Marbury v Madison (1803)

The Supreme Court has the authority to review and overturn actions of the other two branches ie. US vs. Lopez – Gun Free Schools

Zone Act ie. US vs. Nixon – Executive Privilege

http://www.oyez.org/media/oyezoyezoyez

Function

Function of district courts

Hear cases involving: Civil actions arising under the Constitution,

laws, and treaties of the United States;[Certain civil actions between citizens of different states; Civil actions within the admiralty or maritime jurisdiction of the United States;

Criminal prosecutions brought by the United States

Court cares about are you guilty or innocent What you would see on tv…Judge Judy, Law

and Order

Function of appellate courts

Hear cases on appeal from district courts

This is where you would challenge your conviction.

Courts cares about whether your rights were violated, due process was granted or was there a procedural error

Function of Supreme Court

Hears cases involving :1. Ambassadors and Consuls2. A state being sued by another state3. All cases on appeal

(Appeals) Only cares about the constitutionality of the law

Types of jurisdiction

Original – right to hear the case first Appellate – right to hear the case on

appeal after being heard by a lower court

Exclusive – only court to hear the case

Concurrent – two or more courts have the right to hear the case

Examples of jurisdiction

District – have original jurisdiction over civil and criminal cases under federal law

Appellate – have appellate jurisdiction of case heard first by district or special courts

Supreme – have original jurisdiction over cases involving ambassadors or cases involving two states; have appellate jurisdiction of cases from Appellate courts,