The Judical Branch The federal Court System

The Federal Court System The National Judiciary The Creation of a National Judiciary 1. The Federal Courts were established by Article III of the Constitution. 2. There are two Separate court systems in the United States. A. The United States federal Courts B. The 50 State court systems.

The National Judiciary The Two Court Systems at the Federal Level A. Constitutional Courts- The Supreme Court, Courts Of Appeals, District Courts, Court of Appeals for the Federal Circuit ,and Court of International Trade. B. Special or Legislative Courts- These courts hear limited specialized cases.

Jurisdiction in the Federal Courts Federal Courts hear cases that deal with the interpretation and application of a provision of the Constitution or any federal law or treaty. They can also hear cases that arise on the high seas or in any navigable waters of the United States. Federal Courts may only hear cases that involves certain parties. All cases that do not fall under the federal Courts are heard by the State Courts.

The Four Different Types of Jurisdiction 1. Exclusive jurisdiction- This type of jurisdiction means that a case can only be heard in one court, only the federal or only the state court. 2.Concurrent jurisdiction- This type of jurisdiction means that a case could be heard in either federal or state court. 3. Original jurisdiction- This type of jurisdiction is given to the court in which a case is heard first. (district courts) 4. Appellate jurisdiction- This type of jurisdiction is given to the court that has the right to hear an appeal from a lower court.

Appointment of Federal Court Judges Federal Court Judges are nominated by the President and confirmed by the Senate. A President almost always nominate a person from their own political party, who shares their philosophy of the Constitution and the government

Terms and Pay of Federal Court Judges Most federal court judges are appointed for life and may be removed only through the impeachment process. The Congress sets judicial salaries and benefits.

Court Officers Each district court has many officials who assist the court’s judges. These include clerks, bailiffs, stenographers, magistrates, U.S. Attorneys, Federal Marshals, and bankruptcy judges.

The Inferior Courts The District Courts

The United States District Courts Each state forms at least one judicial court district, and two judges are assigned to each district. (there are 94 District Courts) The District Courts hear 80% of all federal court cases. District Courts have original jurisdiction over most of the cases heard in the federal courts.

District Courts hear both civil and criminal cases. District Courts use both grand and petit juries.

In a civil case no law has been broken, someone is seeking a monetary outcome. In a criminal case a law has been broken and a person could be sentenced to jail. A grand jury is used to determine if there is enough evidence to send a case to trial, while a petit jury determines the guilt or innocence of a person on trial.

The United States Court of Appeals There are 12 Courts of Appeals and 179 circuit judges. The Court of Appeals were created in 1891 as “gatekeepers” to the Supreme Court.

The Court of Appeals Appellate Courts are regional and hear appeals from district courts within their circuits. They also hear appeals from the U.S. tax Courts, the Territorial Courts and from decisions of federal regulatory commissions.

Two other Constitutional Courts The Court of International Trade- This court has nine judges who hear civil cases arising out of tariff and other trade related laws. Appeals from the Trade Court go to the Court of Appeals for the federal Circuit. The Court of Appeals for the Federal Circuit- This court has twelve judges. It was established in 1982 to centralize the appeals process in certain types of federal cases and in cases from certain lower courts.

The United States Supreme Court

The Supreme Court Judicial Review- Judicial review is the power of the courts to decide on the constitutionality of an act of government. The principle was established in the case Marbury v. Madison in 1803. The Supreme Court has great power as the ultimate authority and as the arbiter of disputes between states, and between states and the federal government. The Supreme Court has nine members

Supreme Court Jurisdiction The Supreme Court has both original and appellate jurisdiction, but most of its cases are appeals. Today, the Supreme Court has almost complete control over its own cases load.

How Cases Reach the Supreme Court Under “the rule of four” at least four justices must agree that the Court should hear a case before it is selected for the Court’s schedule. Most cases reach the Court by writ of certiorari- an order to a lower court to send up all the materials and records of any given case. Some cases are sent to the Supreme Court by certificate- when appellate courts, State Supreme Courts or other request a ruling on a particular point of law.

The supreme Court at Work

supreme court case procedures Briefs- Both parties involved in the case submit briefs, written documents supporting one side of a case. Briefs are submitted before oral arguments are heard. Oral Arguments- Lawyers speak to the justices, emphasizing the major points they have made in their written briefs. Justices use this time to ask questions about the case.

Supreme Court Case Procedures The Solicitor General- This person represents the United States before the Supreme Court in all cases to which it is a party. The Conference- After a case has been argued before the Supreme Court the justices meet in a secret session to discuss in depth and vote on cases they have heard, and then announce their decision.

Supreme Court Decisions Justices of the Supreme Court always write the opinion (outcome) of the case. There is always the Majority opinion; there may be a Concurring opinion and the Dissenting opinion. All of the opinions of the decision may influence future rulings by the Supreme Court and the lower federal and state courts.

Differences between Federal and State Courts State Court Judges are elected by the people and serve a specific term (period of time) Federal Court Judges and Justices of the Supreme Court are appointed by the President, confirmed by the Senate and serve life terms.

The special courts The U.S. Federal Claims Court- This court hears cases from around the country in which there are claims for damages against the Federal government. The Territorial Courts- These courts operate much like the state courts, dealing with laws broken in the territories.

The special Courts The Court of the District of Columbia- These courts were established by Congress and deal with cases involving the laws of Washington D.C. The Court of Appeals for the Armed Forces- This court hears appeals from court-Martial convictions and is usually the court of last resort for members of the armed forces.

The Special Courts The Court of Veterans Appeals- This court hears appeals from veterans who claim that the Veteran’s Administration has mishandled their benefits or case. The United States Tax Court- The Tax Court only hears civil case involving disputes over the application of the tax laws.