The Judicial Branch Arielle Arasga, Alexis Torres, Andrea Cook, Chandler Scharr, Marcus Hingco, and Jeffrey Vu

Types of Courts Systems Dual court system-State courts and federal courts. constitutional courts-larger court cases,also referred to as supreme court. Small courts-narrow range of cases,smaller issues that state courts handle. Federal Court Jurisdiction-authority of a court to hear and decide a case. Exclusive and concurrent jurisdiction- Cases that can only be heard in federal courts. Concurrent jurisdiction-state and federal courts share the power to hear cases. Original jurisdiction-of a court is the power to hear a case for the first time.

The National Judiciary Appointment of Judges Original Jurisdiction - of a court is to hear a case for the first time Appellate Jurisdiction - a court has the power to review a lower court’s decision Presidents nominate, with the advice and consent of the senate, shall appoint judges of the supreme court Most federal judges from: leading attorneys, legal scholars, law school professors, former members of Congress etc. Judicial restraint and activism = major impact on selection process Judicial Restraint - Judges should always try to decide cases on the basis: 1) original intent of those who wrote the Constitution 2) precedent - that is, in line with previous decisions in similar cases Judicial Activism - judges should act more boldly, argue that the law should be interpreted and applied in the light of ongoing changes in conditions and values, especially in cases involving civil rights and social welfare issues

The National Judiciary Cont. Terms and Pay of Judges Judges of the constitutional court are appointed for life, until they resign. retire, or die in office, may be removed through impeachment process Congress sets the salaries of all federal judges and give a generous retirement arrangement Judges in special courts = different terms served depending on which court Chief Justice may call any retired judge back to temporary duty in a lower federal court Court Officers Federal judges - hear and decide cases Judges of each 94 district courts appoint one or more US magistrates Magistrates - 8 year terms, issue with warrants of arrest and hear evidence to decide whether someone is arrested or not, etc. Bankruptcy Judge - handle bankruptcy cases, appointed 14-year terms United States Marshal - perform duties like a county sheriff, make arrests in federal criminal cases, hold accused person in custody, secure jurors, etc.

Lower Federal Courts The District Courts were created by Congress and the Judiciary Act of 1789. They have jurisdiction over most cases that are heard in the federal courts They hear 2 kinds of cases; criminal cases and civil cases Docket: List of cases to be heard Criminal Cases: When someone is convicted of doing an act that Congress has deemed by law to be a federal crime Civil Cases: Involves non-criminal disputes or conflicts; for example, disputes over terms of contract Court of International Trade: created to handle civil cases about trade related laws Court of Appeals for the Federal Circuit: created to administer certain civil cases around the country; for example, patent, trademarks, and copyright cases

The Court of Appeals (Appellate Court) Created by Congress in 1981 12 Courts of Appeals Established to provide a less stressful environment for the Supreme Court by hearing appeals from the District Courts The Court of Appeals have an appellate jurisdiction Appellate jurisdiction: gives a court the power to review decisions and change the outcomes of the decisions of lower courts Hear other cases from lower federal courts

Federal And State Courts All Federal and most State Courts have the power of deciding the constitutionality of an act of government (Judicial review) Over 900 cases are brought to the attention of the Supreme Court but, only a handful of cases are selected It hears oral arguments, studies the certain cases, meets in Congress to discuss certain cases, and provides recurring and agreed upon opinions

The Court System The reason only a handful of cases are selected to be brought to court is because authority for review is denied or because the lower court system believes that it would be a waste of time and that it involves no significant point of law It only accepts the cases that abide to “the rule of four” The Rule of Four: At least 4 of 9 justices must agree that it should be brought to court

Special Courts Without the United States government’s permission, it cannot be sued by any means, by anyone, or in any court. The United States government can only be taken into a court only if Congress says it is open to suit. In 1855, Congress made the Court of Claims to hear these claims. 16 judges are appointed in the Courts of Federal Claims and certified by the Senate for 15 year- terms. If an appeal pops up from a court’s decision, it may be carried on to another court called the Court of Appeals from the Federal Circuit. Congress has created courts for territories as well such as: The Virgin Islands, Guam, and the Northern Marianas. They function just as the local courts in the United States.

Special Courts Part 2 Congress set up two courts for the District of Columbia: The District Court and the Court of Appeals. In 1789, Congress created a system of military courts for each of the branches’ armed forces. The military courts serve special needs for the armed forces and are not part of the Federal court. All personnel are members of the military and most are officers. In the Court of Appeals for the Armed Forces have five judges including a chief judge and four other associate judges. The Defense Department has made a few military commissions; similar to an actual court with usually five commissioned officers. Enemy combatants are held usually at Guantanamo Bay, Cuba.

Special Courts Part 3 The President made these courts by executive order; his power to do so came from being the commander in chief and that Congress has authorized him to use “all necessary and appropriate force” with conflicts of global terrorism. In 1988, Congress created the Court of Veterans Appeals and then in 1999, changed it to the the Court of Appeals for Veterans Claims. In this court, it is composed of a chief judge and up to six associate judges, appointed from the President and the Senate to 15-year terms. In 1969, Congress created the United States Tax Court; it is an independent judicial body. The court has 19 judges; one of the judges serves as the chief judge. Also, the court hears civil cases, not criminal cases.

Chapter 18 Quiz If the Supreme Court finds a law in conflict with the Constitution it: Asks Congress to repeal the law Declares the law unconstitutional Changes the Constitution Files an injunction 2. Judges of the constitutional courts are appointed for how long? 4 year terms 8 year terms 15 year terms for life 3. True/False: The Court of Appeals for the Federal Circuit have an appellate jurisdiction.

Quiz Cont. 4. True/False: Judicial Review is when 4 of 9 justices agree that a certain case should be brought to court 5. How many judges are in the Court of Federal Claims? 16 19 15 20

Quiz Answers 1. B 2.D 3. False 4. 5. A