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Unit 6 – The Judicial Branch. Structure and Function of Federal Courts. Source of power. All information regarding the structure and function of the Supreme Court is found in Article III of the Constitution. - PowerPoint PPT Presentation
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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,