The Judicial Branch

I. Two Types of Law In America A. Criminal Law – Laws protecting property and individual safety 1. Most of these laws are made at the state level and vary from state to state. 2. Punishment can include prison time or even execution (in “capital punishment states”)

I. Two Types of Law B. Civil Law – Laws relating to business and contractual relationships 1. Punishment typically involves financial loss to the plaintiff (the injured party who filed charges).

II. The Structure of the Court System A. Under our federal system (remember, federalism) there are 2 independent legal systems in the United States: 1. The state legal systems with laws created by each states’ legislature. 2. The federal legal system which includes: a. Laws created by Congress b. Treaties with other nations c. The US Constitution

II. The Structure of the Court System B. Therefore, we also have two independent court systems: 1. Each states’ court system to deal with violations of their state’s laws. 2. The federal court system to deal with violations of federal law.

II. The Structure of the Court System State Court SystemFederal Court System State Trial CourtsFederal Trial Courts State Appeals CourtsFederal Appeals Courts State Supreme Court The United States Supreme Court

III. The Federal Court System (pg. 445)

III. The Federal Court System B. The “three tiered” system was established by the Judiciary Act of 1789 C. Decisions at the lower levels can be “appealed” to a higher level. D. Why does the US Supreme Court (a federal/national court) sit atop both court systems? 1. Because state law cannot violate any Federal Law (including the Constitution). 2. And federal law also cannot violate the Constitution. 3. The Supreme Court has the ultimate power to decide if they have.

III. The Federal Court System E. Federal Trial Courts 1. Are called “District Courts.” 2. Each state has at least one district court. 3. Large states have more.

III. The Federal Court System F. US Courts of Appeals 1. Also called “circuit courts” 2. There are 11 (see the map) in the US (+ two special circuits) 3. Each court has between 6 and 30 judges with one chief judge.

III. The Federal Court System 4. No trials are held. A panel of three judges reviews the trial court’s record of the trial, listens to the attorneys, and looks for errors in the lower courts ruling. 5. The court may either: a. Uphold the original decision b. Reverse the original decision c. Remand the case: order a new trial 6. Most appeals beyond this level to the US Supreme Court are denied.

III. The Federal Court System G. The United States Supreme Court 1. Consists of 9 total judges called Justices. a. 8 Associate Justices b. 1 Chief Justice 2. Like all federal judges throughout the federal system, justices are nominated by the President and approved by a majority vote of the Senate. 3. They serve for life or during “good behavior.” That is, until they die, retire, or are impeached. 4. The Supreme Court is the Court of “last resort.” If you lose there, you’ve got no where else to go.

IV. Jurisdiction – The authority of a court to hear cases A. Original Jurisdiction – The authority of a court to try a case first. B. Appellate Jurisdiction – The authority of a court to review cases already decided by a lower court.

IV. Jurisdiction – The authority of a court to hear cases C. District courts have original jurisdiction only over cases that: 1.) Present a “federal question” (involve federal law): a.) The U.S. Constitution b.) A Federal Law (from Congress) c.) A Treaty with another nation 2.) Involve the federal government as a party (plaintiff or defendant) 3.) Involve civil suits between citizens of different states involving over $75,000

IV. Jurisdiction – The authority of a court to hear cases D. Appeals Courts have appellate jurisdiction only over: 1. Cases already decided by the district courts. E. The US Supreme Court has: 1. Appellate Jurisdiction over cases decided by: a. The federal appeals courts b. The various State Supreme Courts 2. Original Jurisdiction over cases involving: a. Those to which a state is a party b. Those involving “ambassadors and other public ministers and consuls” – Article III, Section 2 3. The overwhelming majority of cases the Supreme Court hears comes from its appellate jurisdiction, specifically from federal appeals courts.