The Federal Court System CHAPTER 18

The National Judiciary Section 1 The National Judiciary U.S. has courts at federal level and at the state level Dual Court System Kinds of Federal Courts Supreme Court Inferior courts – created by Congress, lower federal courts Constitutional courts Special courts

Constitutional & Special Courts *Federal courts * hear cases out of expressed powers

Jurisdiction Authority of a court to hear and decide a case Federal courts may hear a case because of either: The subject matter or The parties involved in the case

Types of Jurisdiction Exclusive Cases can only be heard in the federal courts Concurrent Power is shared between the state and federal courts to hear cases Original The court in which the case is first heard Appellate The court that hears the case on an appeal from a lower court 1)Court may uphold the ruling, 2) over rule the ruling or 3) modify ruling

Appointment of Judges President nominates Supreme Court justices and federal court judges Must be approved by the Senate Local level judges are elected

State and local – most are 4 yr terms Salary: Set by Congress Terms: Supreme Court Judges and Constitutional Courts - picked for life terms State and local – most are 4 yr terms Salary: Set by Congress Can retire at age 70 with 10 yr of service – receive full salary

2017 Chief Justice – John Glover Roberts Jr. Other Justices Salary: $263,300 Other Justices Salary: $251,800 2017

The Inferior Courts District Courts 94 at federal level Section 2 The Inferior Courts District Courts 94 at federal level Handle over 300,000 cases per year

District Court Jurisdiction Have original jurisdiction Most cases heard in federal courts Criminal cases: mean a law has been broken or crime Ex. Bank robbing, mail fraud, and tax evasion Civil cases: dispute between people or 2 groups in dispute Ex. Bankruptcy, public lands, and civil rights

Jurors – people who sit on jury’s – 18+ yrs old Petit Jury Grand jury Their job is to determine if there is enough evidence to hold a trial Jurors – people who sit on jury’s – 18+ yrs old Petit Jury They decide innocence or guilt

Court of Appeals Appellate jurisdiction Relieve Supreme Court of hearing cases, takes some of the burden 12 courts of appeals in judicial system U.S. divided into 12 judicial circuits

Section 3 The Supreme Court *Highest court in U.S. -- created by Constitution -- part of Judicial Branch -- duty: interpret laws * Both original and appellate jurisdiction

Supreme Court Members John Roberts Jr. Clarence Thomas Anthony Kennedy Ruth Bader Ginsburg Stephen Breyer Samuel Alito Jr Elena Kagan

Judicial Review Courts have the power to decide the constitutionality of an act of government Supreme Court has final authority Supreme Court exercised its first judicial review in 1803 Case of Marbury vs Madison

How Cases Reach the Court More than 8,000 cases are appealed to S Crt Court will select cases it wants to hear if at least 4 Justices want to hear it Fewer than 100 cases they hear Most cases reach the Supreme Court by writ of certiorari (“to be made more certain”) Directs the lower court to send up a case for review

How the Court Operates Sits from 1st Monday in October to following June or July Oral Arguments Consider cases in two-week cycles On Mon, Tues, Wed Lawyers on both sides present oral arguments Get 30 mins to make presentation

The Court in Conference Briefs Written documents filed with the Court before oral arguments begin Detailed statements built on facts and citations of previous cases The Court in Conference Chief Justice presides over a closed-door conference in which justices present their views on the case at hand

Opinions of the Court Majority Opinion Concurring Opinions Once the Court finishes its conference, it reaches a decision and its opinion is written Majority Opinion Formally called the Opinion of the Court Announces Court’s decision in a case and its reasoning on which it is based Concurring Opinions Justice makes or emphasizes a point not made in the majority opinion Dissenting Opinions Written by justices who do not agree with the Court’s decision

Special Courts Created by Congress Hear certain cases involving the expressed powers of Congress

COURTS ****US government cannot be sued by anyone, in any court, for any reason, without its consent**** Court of Federal Claims Hear claims for damages against the Federal Gov’t 16 judges – 15 yr terms

COURTS District of Columbia Court US Territories Court Courts of Armed Forces Used for trying members of military who are accused of violating military law United States Tax Court Part of legislative branch 19 judges – 1 chief judge – 15 yr terms Hears civil but not criminal cases involving disputes over the application of the tax laws

State Courts Magistrate Courts – Police Court Limited jurisdiction over minor civil and criminal matters Helps relieve load of District Courts 4 yr terms – elected Rooks County District Magistrate Judge Douglas Bigge

Municipal Courts – City Courts Single judge Lawyer may be present Violations of city ordinance Appeal decisions to district courts Stockton Municipal Judge Kay Ross

District Courts – General trial court 4 yr term Original jurisdiction Single judge May be appealed to higher court Rooks County District Court Chief Judge Edward E. Bouker

Appellate Courts – Court of Appeals 14 justices – Chief Judge: Karen Arnold-Burger 4 yr terms Appellate jurisdiction Appointed by Governor Review cases of the District Courts May appeal to Supreme Court

State Supreme Court Highest court in Kansas 6 yr term Appointed by Governor Original and appellate jurisdiction Chief Justice: Lawton R. Nuss