The Federal JudiciaryChapter 18

The National Judiciary Article III

› Allows for the establishment of the Supreme Court› Gives Congress the power to establish the federal

courts below the Supreme Court Federal Courts work closely with the 50 state

courts Two types of Federal Courts

› Legislative – hear a narrow range of cases related to the EXPRESSED powers of Congress

› Constitutional – Supreme Court, Court of Appeals, District Courts, and several others

Jurisdiction is the right to hear a case› Determination of jurisdiction

Subject matter of the case People involved in the case

› Types of jurisdiction Original - the first court to hear a case Appellate – courts that can only hear cases

whose verdict is being appealed Exclusive – the only court that can hear a

case Concurrent – involves cases that can be tried

in state or federal courts

Levels of Federal Courts› Highest Level, created in 1789 when the

Constitution went into effect: Supreme Court

› Middle Level, created with the Judiciary Act of 1891 to lift the case burden from the U.S. Supreme Court: Courts of Appeals

› Lowest Level, created with the Judiciary Act of 1789: Federal District Courts

The Inferior Courts Includes all Constitutional courts below the

Supreme Court Federal Districts Courts (91 Total)

› Are the federal trial courts› Hear about 80% of the federal caseload

Courts of Appeal (13 Total)› Can only hear cases being appealed

Two other inferior courts› Court of International Trade› Court of Appeals for the Federal Circuit

The U.S. Supreme Court Basics

› They have the final word on Constitutionality

› Judicial Review is the key to their power Judicial Review is the power to decide if a

law is Constitutional Judicial Review was established with the

case of Marbury v Madison, 1803

Sessions› Convene

On the first Monday in October Stay in session through June/July Hear cases Monday through Thursday Decision Day is Monday – it’s when they

announce their decision to hear a case or their ruling on a case

› Jurisdiction Exclusive Appellate

Opinions› Majority Opinion is the decision of the

court. It’s written by one or more of the agreeing justices

› Concurring Opinion is held and written by they justice(s) who agree with the majority, but not with how they reached their decision

› Dissenting Opinion is held and written by the justices(s) who disagree with the majority opinion

The Justices Appointed by the President Approved by the Senate There are 9 total

› One Chief Justice› Eight Associate Justices

Term of office for a justice is for life or until he/she retires

Chief Justice John Roberts, Jr.

Associate Justices in order of Seniority

Antonin Scalia Anthony Kennedy

Clarence Thomas Ruth Bader Ginsburg

Stephen Breyer Samuel Alito

Sonia Sotomayor Elana Kagan

First African-American Justice was Thurgood Marshall

First Female Justice was Sandra Day O’Connor

First Chief Justice was John Jay

Current Chief Justice is John Roberts, Jr.

Special Courts Also known as Legislative Courts Jurisdiction involves hearing cases that

come from the Congressional exercise of its expressed powers

Other courts to help decide expressed power usage› U.S. Claims Court – you vs. the U.S.› Courts of the District of Columbia – hear

cases in Washington, D.C.› Military Court of Appeals – hear court

martial cases being appealed

› U.S. Tax Court – you vs. the IRS› Territorial Courts – hear cases in the U.S.

territories such as Guam, the U.S. Virgin Islands, etc., since they are not states

› Court of Veterans Appeals – hear cases involving U.S. Veterans who feel they are not receiving the benefits they deserve