The Federal Court System Chapter 11

The Creation of a National Judiciary Article III created Two separate systems U.S. has a national court system Each State has its own that hears most cases. Two types of federal courts. Constitutional courts: include the Supreme Court, court of appeals, district courts, etc. Special, or legislative, courts are created by Congress. They hear a limited range.

B. Jurisdiction Jurisdiction means who has the authority to hear a case.  Federal courts can hear cases that involve federal laws or the Constitution.  If cases do not fall under the jurisdiction of the federal courts they are within the jurisdiction of state courts.  Exclusive Jurisdiction: means only federal courts can hear. Concurrent Jurisdiction: federal or state courts can hear. Original Jurisdiction: the district court in which a case is first heard. Appellate court: is when a case is appealed from a lower court.

Jurisdiction: the power to hear a case Federal Courts can hear any case dealing with Federal law o the Constitution The Supreme Court has both original and appellate jurisdiction, but most cases are appeals.  Today the Supreme Court has almost complete control over its own caseload. 

C. Judges Federal Judges are nominated by the President and confirmed by the Senate. Most are appointed for life and may be removed only by the impeachment process. Congress sets judicial salaries and benefits. 

D. Chief Justice John Marshall Was the longest serving chief justice who served from 1801-1835.  He expanded the power of the Supreme Court and the federal government.  Established judicial review 

E. Judicial Review Judicial Review is the power to decide the constitutionality of an act of the government.  Marbury v. Madison, 1803, established the principle. It gave the court the power to decide if actions taken by the other two branches of the government are constitutional. 

F. Supreme Court cases that set important precedents McCulloch v. Maryland (1819)- the Marshall court ruled that the states could not hamper the exercise of legitimate national interests. Gibbons v. Ogden (1824)- defined the meaning of interstate commerce in broad terms and expanded congressional regulatory powers.

G. How are justices chosen? The president has many important considerations when choosing a justice, besides party affiliation and judicial philosophy, presidents consider the following factors: Likelihood of Senate approval The recommendation of the American Bar Association The support or opposition of major interest groups The opinions of current justices

Chapter 12:The Supreme Court at Work

A. The Supreme Court at Work When in session, the Court sits for two consecutive weeks each month.  They are in session throughout the year. They hear arguments & then they consider arguments, work on opinions, and study petitions of those who want to be heard. 

B. How Cases Reach the Court “The rule of four”- at least 4 judges must agree that the Court should hear a case before it is selected for the Court’s docket.  Most cases reach the Court by writ of certiorari- an order to a lower court to send up the record in a given case. This must be granted in cases involving the constitutionality of a law.  Some are sent by certificate- when appellate courts, States supreme courts, or others request a ruling on a particular point of law. 

Petitioner: the person or party who brings (initiates) a case Petitioner: the person or party who brings (initiates) a case. In a criminal trial, called the plaintiff & is the state or national government. Respondent: party against whom a suit is brought. Called Defendant in criminal/civil cases.

C. The Supreme Court at Work Briefs- written documents supporting one side of a case. Oral Arguments- lawyers speak to justices emphasizing major points they made in their briefs. Solicitor General- represents the U.S. before the court in cases in which the U.S. is a party.

D. How the court hears a case Lawyers for each side submit briefs. Individuals, interest groups, and government agencies may submit amicus curiae, “friend of the court,” briefs supporting one side or the other. Lawyers for each side present oral arguments, and answer questions from the justices. The justices debate the case’s merits and vote.

Opinions- Justices always write an Opinion of the Court. The Conference- justices meet in secret session to discuss in depth and vote on the cases they have heard. Opinions- Justices always write an Opinion of the Court. Unanimous opinion- all justices agree. Majority Opinion- The official opinion of the court. Concurring Opinion- When a justice agrees with the opinion of the court but for different reasons. Dissenting Opinion- when a justice disagrees with the Opinion of the court.

E. About the Court The Supreme Court is the final authority on all questions of federal law. The vast majority of the cases it hears arise from appeals.  A chief justice and 8 associate justices make up the Court.  Three main tasks of the justices: (1) determine which cases they will hear, (2) decide each case, (3) explain their decisions in a written opinion.

Current Justices Chief Justice: John Roberts Associate Justices: Anthony Kennedy Clarence Thomas Ruth Bader Ginsburg Stephen Breyer Samuel Alito, Jr. Sonia Sotomayor Elena Kagan Neil Gorsuch