The judicial branch of government is well established as an equal with the legislative and executive branches.
Each of the 50 states has its own system of courts whose powers come from state constitutions and laws. The federal court system consists of: The Supreme Court Lower federal courts established by Congress Federal courts powers come from the Constitution and federal laws. United States Government: Democracy in Action
Jurisdiction: the authority to hear certain cases certain cases State courts: cases involving state laws Federal courts: cases involving federal laws Sometimes the jurisdiction of the state courts and the jurisdiction of the federal courts overlap. United States Government: Democracy in Action
The Constitution gave federal courts jurisdiction in cases that involve United States laws, treaties with foreign nations, or interpretations of the Constitution. Federal courts also try cases involving bankruptcy and cases involving maritime law.
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a state and a citizen of a different state citizens of the same state claiming lands under grants of different states a state or its citizens and a foreign country or its citizens
United States Government: Democracy in Action Concurrent Jurisdiction: both federal and state courts have jurisdiction Example: citizens of two different states are in a dispute involving at least $50,000—a person can sue in either a federal or state court If the person being sued insists, then the case must be tried in a federal court.
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trial court: where the case is originally tried The trial court has original jurisdiction.
United States Government: Democracy in Action You lose your case in the trial court. You can appeal the decision and take the case to a court with appellate jurisdiction.
United States Government: Democracy in Action The District Courts and lower courts have original jurisdiction. The federal court system provides courts of appeals that have only appellate jurisdiction. A party may appeal a case from a district court to a court of appeals. If that party loses in the court of appeals, he/she may appeal the case to the Supreme Court. The Supreme Court has both original and appellate jurisdiction.
United States Government: Democracy in Action Since its creation in the Constitution, the Supreme Court has developed into the most powerful court in the world.
United States Government: Democracy in Action Neither the Supreme Court nor any federal court may initiate action. A judge or justice may not seek out an issue to bring to court. The courts must wait for litigants (people engaged in a lawsuit) to come before them.
United States Government: Democracy in Action Federal Courts only determine cases. They do not answer legal questions, regardless of how significant the issue or who asks the question. Even if you were George Washington. Chief Justice John Marshall secured for the Court the power to review acts of Congress- --the power of judicial review.
United States Government: Democracy in Action The power of judicial review came through the landmark case of Marbury v. Madison. Read about this case online or on page in your text.
United States Government: Democracy in Action What was John Marshall’s influence on the Supreme Court and Judicial Branch? Read and report.
United States Government: Democracy in Action Read and report Dred Scott v. Sanford (1857)—states rights Slaughterhouse Cases (1873) Plessy v. Ferguson (1896)—separate but equal doctrine
United States Government: Democracy in Action Read and report Brown v. Board of Education of Topeka United States v. Virginia (1996)