Unit V Judicial Branch

Table of Contents National Judiciary III. Supreme Court creation jurisdiction appointment terms and pay court officers Inferior Courts District Courts Court of Appeals Two other courts III. Supreme Court Judicial Review jurisdiction cases heard by SC SC at work current court

Terms to know inferior courts jurisdiction exclusive jurisdiction original jurisdiction concurrent jurisdiction plaintiff defendant appellate jurisdiction redress criminal case civil case docket write of certiorari certificate majority opinion precedent concurring opinion dissenting opinion martial courts tribunal courts

I. The National Judiciary

a. The Creation of a National Judiciary The federal court system was established by Article III of the Constitution Dual Court system: There are two separate court systems in the United States: 1. national 2. state

Federal Courts Inferior courts- lower than SC A. constitutional courts 94 district courts 12 US Courts of Appeals US Court of Appeals for Federal Circuit US Court of International Trade B. Special Courts US Court of Claims Territorial Courts Courts of D.C. US Tax Court US Court of Appeals for the Armed Forces US Court of Appeals for Veterans Claims

Jurisdiction -authority of a court to hear a case exclusive jurisdiction: cases heard only by fed courts concurrent jurisdiction: fed and state courts share power to hear cases original jurisdiction: the court to first hear the case appellate jurisdiction: court that hears the case on appeal

b. Jurisdiction in the Federal Courts cases: on subject matter parties involved the interpretation and application of a provision of the Constitution or of any federal statute or treaty cases that arise on the high seas or in navigable waters of the United States

Jurisdiction In the Federal Courts con’t cases that do not fall under the jurisdiction of the federal courts are within the jurisdiction of the State courts Some cases have exclusive (federal courts only) jurisdiction Some have concurrent (federal or state courts) jurisdiction

c. Appointment of Judges Federal judges are nominated by the President and confirmed by the Senate Presidents almost always nominate persons from their own political party who share their philosophy of government

d. Terms and Pay of Judges Most federal judges are appointed for life and may be removed only through the impeachment process Congress sets judicial salaries and benefits

e. Court Officers Each district court has many officials who assist the district judge These include clerks, bailiffs, stenographers, magistrates, bankruptcy judges, United States attorneys, and federal marshals

II. The Inferior Courts

a. The District courts 563 district judges hear 80% of the federal case load Each state forms at least one judicial district, and two judges are assigned to each district. original jurisdiction over most of the cases heard in federal courts hear both civil and criminal cases use both grand and petit juries

b. The Court of Appeals Court of appeals were created in 1891 as “gatekeepers” to the supreme court 12 court of appeals and 179 circuit judges Appellate courts are regional and usually hear appeals from courts within their circuits They also hear appeals from the United States Tax Court the territorial courts the decisions of federal regulatory commissions

Court of Appeals

c. Two other Constitutional Courts Court of International Trade 9 judges who hear civil cases arising out of the tariff and other trade-related laws Appeals go to court of appeals for the federal circuit. Court of Appeals for the Federal Circuit nationwide jurisdiction hears certain kinds of civil cases

The Federal Judiciary

III. The Supreme Court

a. Judicial review the power to decide on the constitutionality of an act of government. Marbury v. Madison 1903 1800 Adams court packing, TJ mad TJ to Sec of State Madison – don’t deliver write of mandamus – a court order to mandate a gov’t officer to perform their legal duty Judiciary Act statue conflicted with Constitution, therefore void claimed right to declare acts of Congress unconstitutional

Checks and Balances of the Branches of Government

b. Jurisdiction The supreme court has both original and appellant jurisdiction, but most of its cases are appeals. original jurisdictions: cases involving 2 or more states cases involving ambassadors other public ministers cases on appeal from lower federal courts

d. How cases reach the supreme court hear cases on appeal from fed court if there is a constitutional issue 7,000 case a year petition the court hears between 100-150 The rule of four Writ of certiorari – an order of lower courts to send up the record in a given case certificate- lower court not clear about procedure or rule of law to apply to the case

c. The Supreme court at work 1.Oral Arguments Oct – May, 2 week cycles recess to consider case and do other business 2. Briefs-legal docs. sent to SC before a case is heard with details, relevant facts 3. Court in Conference Chief Justice presides speaks first, then in order of seniority polls the justices Wed –Fri justices meet to consider the cases super secret 4. Solicitor General federal chief lawyer decides which cases the fed will ask the SC to hear

5. Opinions If the CJ is in the majority he/she writes it the senior most justice writes it if not majority opinion – Opinion of the Court stand as precedents; this the decision 5-4 concurring opinion- justices that agree with the majority may write an opinion to add or emphasize a point dissenting opinion- CJ or most senior write it, written by justices that agree with opinion

Supreme court is the highest court of appeal

e. Current Court Chief Justice John Roberts Antonin Scalia Anthony Kennedy Clarence Thomas Ruth Bader Ginsburg Stephen Breyer Samuel Alito Sonia Sotomayor Elena Kagan

Supreme Court