Article III Federal Court System

Article III Creates our national judiciary.

Jurisdiction The authority to hear a case. 1) By subject matter 2) by parties involved

Federal Court’s Subject Matter 1) interpreting and applying Constitution provisions or Federal statutes (laws). 2) Dealing with questions of admiralty (on seas) and maritime law (on land but related to the seas).

The Litigants (parties involved) if one of the litigants is: 1) the U.S., an officer of the U.S. or a U.S. agency; 2) ambassadors, consuls, or rep.’s of a foreign government; 3) states suing other states, or their citizens, or foreign governments

If one litigant is: 4) one state citizen suing a citizen of another state; 5) U.S. citizen suing a foreign government or one of it’s citizens; 6) a citizen of 1 state suing a citizen of same state where both claim land grants from different states.

Exclusive Jurisdiction It is the only court that can hear the case.

Concurrent Jurisdiction More than one court could hear the case (generally Federal and State).

Plaintiff The person that is bringing charges. Burden of proof Can choose trial to be at state or federal level if concurrent jurisdiction

Defendant The person that charges have been made against. “innocent until PROVEN guilty” Can only move that the trial go the Federal district court.

Original Jurisdiction Cases heard firsthand.

Appellate Jurisdiction Cases heard on appeal.

Grand Juries Will decide if a case should go to trial… by issuing an indictment. Indict Don’t indict Or issue a Stay

Petit Juries Will be the group of peers that will try the case (innocent or guilty) and can also issue sentences.

Judicial Review Court deciding the constitutionality of an act of government. (checks and balances)

Supreme Court at Work They work 9 months of the year (Oct-July) Work for 2 weeks and will recess 2 weeks Tradition – Mondays were “decision days” Fridays – they will confer in secrecy 6 members make a quorum

Majority Opinion The judge will write a summary of the case and explain why the majority of members decided that way.

Dissenting Opinion The judges that did not agree with the majority will write WHY they disagreed. (up to 4 judges)

Concurring Opinion Judges will write why they agreed with the decision of the majority, BUT NOT with the same reasoning by which it was reached.

To become a federal judge.. President appoints all Federal judges (liberal/conservative) AND the Senate will confirm the appointment (it won’t happen without their confirmation).

Federal Judges are appointed for life But they can be impeached And can retire.

Congress sets their salary As of 2009: Chief justice $217, associate justices $208, 100.

Retirement At age 65/with 15 years of service or at 70/with 10 years of service (age + service add up to 80) for full salary.

Current Members Chief Justice – John Roberts Elena Kagan Samuel Alito Antonin Scalia Anthony Kennedy Clarence Thomas * Ruth Ginsberg Stephen Breyer Sonia Sotomayor

Past Justices Sandra Day O’connor - first female on the Supreme Court Thurgood Marshall – first black man on the Supreme Court