The Federal Court System Article III sec. 1…. Judicial power…One Supreme Court….and Inferior Courts

Topic 7 Read Topic 7.1 pp by Wednesday 7.2 pp by Thursday by Friday Quizzes are possible any day!!!!

Article III The Framers created the National Judiciary and listed it in descending order. There are two court systems in the national judiciary that spans the country and, and the courts run by the 50 states. The Constitution created the SC and the Congress to establish the inferior courts---the lower federal courts: CONSTITUTIONAL COURTS and SPECIAL COURTS

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Supreme Court of the United States 9 Justices (with 1 Chief Justice) Supreme Court of the United States 9 Justices (with 1 Chief Justice) United States Courts of Appeals (12 Circuits) United States Courts of Appeals (12 Circuits) United States Courts of Appeals for the Federal Circuits United States Courts of Military Appeals 94 District courts, Including 3 Territorial Courts (basic federal trial courts) 94 District courts, Including 3 Territorial Courts (basic federal trial courts) United States Tax Court United States Court of International Trade United States Court of Federal Claims United States Court of Veterans Appeals Army, Navy, Marine Corps, Air Force, and Coast Guard Courts of Military Review Figure 7-1. The Structure of the Federal Courts. The Federal Court System:

The Court System 1 Supreme Court-9 members, 1 Chief Justice and 8 Associate Justices 12 US Circuit Courts (or Appeals) 5-27 Judges 94 Federal Courts Judges appointed for a “term of good behavior”---salary determined by Congress-$249,300 Chief Justice makes $ more than the others. Judges on Special Courts years.

JURISDICTION Is defined as the authority of a court to hear (to try and to decide) a case. Exclusive/Concurrent Original Jurisdiction-subject matter -the parties involved Appellate Jurisdiction

Federal Court Jurisdiction Jurisdiction is defined as the authority of a court to hear (to try and to decide) a case. Article III, Section 2 of the Constitution provides that the federal courts may hear a case because either: (1) the subject matter or (2) the parties involved in the case.

Types of Jurisdiction Exclusive and Concurrent Jurisdiction Some cases can only be heard in federal courts. In that case, federal courts have exclusive jurisdiction. Many cases may be tried in a federal court or a State court. In such an instance, the federal and State courts have concurrent jurisdiction. Original and Appellate Jurisdiction A court in which a case is first heard is said to have original jurisdiction over that case. A court that hears a case on appeal from a lower court has appellate jurisdiction over that case. The Supreme Court exercises both original and appellate jurisdiction.

9 Courts Prosecution Defense Adversarial System

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Ohio Supreme Court Chief Justice and 6 Justices Courts of Appeals 12 Courts 68 Judges Three Panels Courts of Common Pleas 88 Courts 376 Judges General Domestic Probate Juvenile Municipal Courts County Courts Courts of Claims Mayors Courts

Courts Established Judiciary Act of 1789 Marbury v. Madison Judicial Review

Judicial review refers to the power of a court to determine the constitutionality of a government action. The Supreme Court first asserted its power of judicial review in the case of Marbury v. Madison (1803). The Court’s decision laid the foundation for its involvement in the development of the American system of government.

Marbury v. Madison Power of the Supreme Court established. Judicial Review 1.Constitution represents the ultimate authority of US Law 2. Constitution intended to be permanent and inviolate. 3. Not subject to alteration by Congress 4. Officials actions, including those of the Federal Gov’t must be in accord with Constitution and BOR. 5. Final authority for determining constitutionality THE SUPREME COURT

How Are Justices Appointed? President ultimately Appoints and puts into nomination. President and the Attorney General, Chief of Staff and Advisors create a list of potential candidates and informally keeps this at all times. Once the President selects a candidate he puts them up for nomination to the court. The Senate holds hearings in front of the Judiciary Committee. The Committee makes a recommendation to the entire Senate. Under Advise and Consent they vote to approve or deny. It takes 51 votes to confirm….if the nominee achieves this they will be sworn in expeditiously.

Court Profile----Justices years old Male…..more females than ever White/Anglo-Saxon…more minorities now! Protestant Upper Middle Class Ivy League Educated Members of Politically Active Families Partisan

Sources of Law Powers of Government v. Rights of the Individual The Constitution Statutory Law Codified Law Common Law

Public Law Constitutional Law Administrative Law International Law Criminal Law The Justice Department---The Largest Law Firm Attorney General-----Solicitor General

The Supreme Court The Decisions---often called Landmark Decisions Philosophy---Stare Decisis- let the decision stand. Once a decision is made it become a PRECEDENT or a model to rule on other cases. Sometimes (rarely) they ABANDON previous decisions and dismiss a precedent and laws that support the decision too.

Philosophy Justices/Judges have a legal and personal philosophy that can play a part in decisions. Judicial Restraint-cautious, seek a clear violation Judicial Activism-active role in making policy -expansion of rights Roe v. Wade Miranda v. Arizona 14 th Amendment---Due Process

The Court 1-25,000>>>>10M case per year>>>50,000 appealed In US The Court receives about 8,000 Writs of Certiorari very few are heard. RULE OF 4-certiorari granted. All other denied. Writs are request from a lower court. Both parties can send a BRIEF-one side of a case. Adversarial/Inquisitional Courts. Judicial Conferences

Opinions Majority Opinion Concurring Opinion Dissenting Opinion US Reports 395 US 2010