The Federal Court System By: Allie Pauson

“It is emphatically the province and duty of the judicial department to say what the law is… If two laws conflict with each other, the courts must decide on the operation of each.” - Chief Justice John Marshall (1803)

Dual Court System There are 2 separate court systems in the U.S. National judiciary (over 120 courts) State courts (thousands) Most cases go to state courts

2 Kinds of Federal Courts The inferior courts, or lower federal courts, are beneath the Supreme Court 1). The constitutional courts 2). The special courts

Constitutional Courts Formed by Congress under Article III to exercise “the judicial Power of the United States” They include: Court of appeals, district courts, and the U.S. Court of International Trade Also called the regular courts or Article III courts

Special Courts Do not exercise the broad “judicial Power of the United States” Hear cases arising out of some of the expressed powers given to Congress in Article I Hear a narrower range of cases than those that come before constitutional courts Also called legislative courts Include: U.S. Court of Appeals for the Armed Forces, U.S. Court of Appeals for Veterans Claims, U.S. Court of Appeals of Federal Claims

Important Terms Majority opinion – the court’s opinion Precedents – examples to be followed in similar cases Concurring opinion – to add/emphasize a point that was not made in the majority opinion Dissenting opinions – written by those justices who do not agree with the court’s majority decision

Jurisdiction Jurisdiction is the authority of a court to hear a case; power “to say the law” Types of Jurisdiction: Exclusive – cases only heard in federal courts Concurrent – cases tried in federal or state courts Original – court in which a case is first heard Appellate – court that hears a case on appeal from a lower court

Judges Most federal judges are drawn from the ranks of leading attorneys, legal scholars and law school professors, former members of Congress, and State court judges According to Article III, Section 1 of the Constitution, “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior…” Congress sets the salaries of all federal judges They may retire at age 70

Federal Judicial Districts The 50 states are divided into 89 federal judicial districts There are also federal district courts for: Washington D.C., Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands District courts hear a wide range of criminal and civil cases

The Courts of Appeals The courts of appeals were created by congress in 1891 There are 12 courts of appeals in the judicial system Other constitutional courts The court of International Trade The Court of Appeals for the Federal Circuit

Judicial Review Most courts in the country may exercise the critically important power of judicial review They have the power to decide the constitutionality of an act of government, whether executive, legislative, or judicial The ultimate exercise of that power rests with the Supreme Court

Supreme Court

Has both original and appellate jurisdiction The court sits from the 1st Monday in October to sometime the following June or July Most of its cases come on appeal Some 8,000 cases are appealed each year Only a few hundred are accepted Most cases reach the Supreme Court by writ of certiorari, some reach by certificate Selects cases using “the rule of four” 4 of 9 justices must agree that a case should be put on the docket (list of cases to be heard)

A Time to Kill Carl Lee Hailey, a black man from Mississippi chooses lawyer Jake Brigance to handle his defense, after he murders the two white men who brutally raped and beat his ten year old daughter

Jake requests a change in venue, because he is afraid to face an all white jury However, Judge Noose denies Jake’s request

During his closing argument, Jake wins over the hearts of the jury During the trial, Jake recieves help and advice from law student, Ellen Roark, and his mentor Lucien Wilbanks During his closing argument, Jake wins over the hearts of the jury He describes the brutal rape of Carl Lee’s daughter and concludes by saying “now imagine she's white” Jake wins the case and the charges against Carl Lee are dropped