Chapter 8: The Federal Courts & the Judicial Branch The United States has a three-tiered national court system, with the Supreme Court at the top, which operates alongside the court systems of the states.

Section 1: The Federal Court System The Framers created an independent judicial branch as part of the separation of powers of the national government. At the federal level, the judicial branch consists of three tiers of courts, each performing a different function.

Do Now What types of cases does the Supreme Court hear? Can you come up with an example of a case that the Supreme Court might have jurisdiction on? Explain your example.

Learning Goals Objectives  Describe jurisdiction in the American court system.  Explain the structure of the federal court system structure.  Analyze the judicial branch’s role in the system of checks and balances. Essential Question  How does the Supreme Court function as the final word on questions of federal law and the Constitution?

I. Jurisdiction A.Jurisdiction i.Authority to hear & decide a case. B.Exclusive Jurisdiction i.Sole right to hear a case. C.Concurrent Jurisdiction i.Fall under both state & federal jurisdiction. ii. Plaintiff : Making legal complaint iii. Defendant : Complaint filed against. D.Original Jurisdiction i.Court that hears case first. E.Appellate Jurisdiction i.Case heard on appeal.

II. Structure of the Fed. Court System A.Judiciary Act of 1789 i.First session of U.S. Congress created U.S. court system. B.District Courts i.Trial courts of the federal system. C.Courts of Appeals i.Hear appeals from district courts & fed. Agencies. D.Supreme Court i.Chooses which cases it wants to hear. ii.Ultimate appellate court.

III. Appointing Federal Judges A.Legal Expertise B.Party Affiliation C.Judicial Restraint: Interpret Constitution based on Framers original intent. D.Judicial Activism: Change interpretation to fit contemporary realities. E.Precedent: Previous court rulings on a given legal question. F.Senatorial Courtesy : Senator from same state as nominee & same party as President can block appointment.

1.Authority to hear and decide a case 2.The sole right to hear a case 3.Person who makes a legal complaint 4.Person against whom a case is filed 5.Jurisdiction of the court that first hears a case 6.Concept that judges should interpret the Constitution according to its original meaning 7.Law that organized the federal court system into district courts, circuit courts, and the Supreme Court

Section 2: Lower Fed. Courts Congress has created a system of lower courts for the federal judicial system. Each court has a specific role to play in the judicial branch.

Do Now Would you be a judge that practiced judicial restraint or judicial activism? Explain why.

Learning Goals Objectives  Describe the roles, jurisdiction, and officers of the federal district courts.  Explain the roles, jurisdiction, and procedures of the federal courts of appeals.  Contrast the functions of some of the other federal courts. Essential Question  Why do you think courts of appeals generally limit their review of cases to questions of the law rather than to matters of fact?

I. Federal District Courts A.District Court Jurisdiction i.Grand Juries: Recommend if trial justified (16-23 people) ii.Bankruptcy: File for court protection on money owed. B.Court Officials i. Magistrate Judges : Hear smaller cases and misdemeanors i. Misdemeanor : minor criminal cases w/ up to 1 yr in jail ii. Public Defenders : Appointed by judges to defend defendant who cannot afford a lawyer. iii. U.S. Marshals : Security & protection at district courts. iv. U.S. Attorney : Represents U.S. gov’t. in court cases.

II. Federal Courts of Appeals A.Purpose of the Courts of Appeal i.65,000 appeals & 9% successful ii.Defendant appeals if loses case & fed. Agencies. B.Appeals Court Procedure i.Appellant: Person who files appeal due to a legal mistake. ii.Briefs: Written arguments about case from both sides. C.After the Ruling i.Usually final decision & can send back to district. D.The Federal Circuit i.Hears cases on international trade, gov’t. contracts, patents, & trademarks.

III. Other Federal Courts A.Court of International Trade B.Tax Court C.Court of Appeals for Veterans Claims D.Court of Federal Claims i. Sovereign Immunity : Can’t sue a country. E.Court of Appeals for the Armed Forces i. Courts-Marshall : Active military court F.National Security Courts G.Military Commissions H.Washington, D.C., & Territorial Courts

1.District courts convene _______________________, a panel of citizens that determines whether enough evidence exists to file criminal charges. 2._______________________ is a legal process by which people who cannot pay money they owe others can receive court protection and assistance in settling their financial obligations. 3.A(n) _______________________ is responsible for overseeing the early hearings in a criminal trial, when routine matters are carried out, and can also preside over misdemeanor and civil cases, if the parties involved agree. 4.Minor criminal cases involving offenses punishable by one year or less are called _______________________ cases. 5.In criminal cases, federal courts provide _______________________ to defendants who cannot afford to hire lawyers of their own. (unlicensed attorneys/public defenders) 6._______________________ transport prisoners, track down and arrest people accused of crimes, and provide security and police protection at federal courthouses. 7.A person who files an appeal is called a(n) _______________________. 8.In an appeals case a panel of circuit judges reviews the trial court record and reads _______________________, or written arguments from both sides of the case.

Section 3: The Supreme Court The Supreme Court is the highest court in the nation and the most important component of the judicial branch. It serves as the final word on questions of federal law and the Constitution.

Do Now Give a rough outline of what characteristics you think would be necessary to become a Supreme Court Judge.

Learning Objectives Objectives  Describe some of the highlights of Supreme Court history.  Analyze how Supreme Court justices are chosen.  Explain the typical procedures of the Supreme Court. Essential Questions  What are the main factors a president may look for in selecting a Supreme Court nominee?

I. Supreme Court Procedures A.Term Begins: October till June or July. B.Selecting Cases i. Writ of Certiorari : Order seeking review of the lower court case. ii. Docket : List of cases to be heard (Usually 100 per term) C. Briefs & Oral Arguments : Written positon by both sides & 30 minutes of oral presentation with questions from the justices. D.Opinions i. Majority Opinion : Signed by at least 5 of the 9 judges. ii. Concurring Opinions: Agree with majority but have other points to make. iii. Dissenting Opinions: Minority of judges who didn’t agree with the ruling.

II. Highlights of Supreme Court A.The Marshall Court i.Expansive view of court power, Marbury v. Madison, McCulloch v. Maryland, Gibbons v. Ogden B.Dred Scott i.Scott sued for freedom after living in IL. Court said he was still a slave. C.Reconstruction to Plessy i.Civil war amendments strictly interpreted, Plessy v. Ferguson was “separate but equal” D.Court & The New Deal i.Struck down many of Roosevelt’s plans & FDR tried “court packing” E.1950s to present i.Brown v. Board ended segregation, Miranda v. Arizona

True or False: Correct False 1. The Supreme Court’s decision in Gibbons v. Ogden (1824) established the concept of judicial review. 2. In McCulloch v. Maryland (1819), the Supreme Court said Congress lacked the power to outlaw slavery in new territories. 3. The criteria that presidents use to choose Supreme Court justices include legal expertise, age, judicial philosophy, and a sense that the nominee will be acceptable by members of the Senate. 4. The most common way for a case to reach the Supreme Court is on appeal from a federal district court. 5. A dissenting opinion must be signed by at least five of the Supreme Court justices.