Journal Looking at the picture below predict how the American Court system works. (use your vocabulary words to help explain your prediction)

Judicial Branch

Some background information Laws and Jurisdiction

Origin of law Case law: Court decisions that inform judicial ruling Constitution: outline the structure of the American government (or state) Statutes: laws made by the national or state government Case law Collection of past rulings, interpretations and decisions on cases that other judges can use as reference Precedent: a court ruling from the pass similar to the current case When judges make decisions that look to similar cases for precedent. Example of overturning precedent Brown v. Board of Education overturned the precedent of Plessey v. Ferguson of separate but equal Statutes Laws passed by Congress and State legislatures.

Jurisdiction The authority to hear certain cases is called jurisdiction of the court. Concurrent jurisdiction is when both federal and state courts have jurisdiction. Appellate Jurisdiction: The power to review cases already decided in lower court Limited Jurisdiction: The power to hear only certain kinds of cases (tax cases)

Types of Courts Federal (Supreme Court & inferior federal courts) established by Congress. States Each state has it’s own courts system whose power comes from state constitution and laws.

Federal Courts

The Federal Courts Three layers of authority in the federal court system: The Supreme Court Thirteen Courts of Appeals and the Court of Appeals for the Federal Circuit. U.S. District Courts and Specialized Federal Courts

District Courts 94 courts Lowest level of the federal judicial system Federal Court System District Courts 94 courts Lowest level of the federal judicial system Trial courts for both criminal/civil federal cases District Courts has original jurisdiction to hear cases involving Constitutional law Cases Involving citizens of different states Civil cases Hear most federal cases Each district court hears cases within a particular district. There are 94 districts. Every state has at least one district court Have original jurisdiction Must follow Supreme Court president as much as possible

District Courts

Federal Court System Appeals If a person who loses a case in a trial court wishes to appeal a decision, they may take the case to a court with appellate jurisdiction. Meaning a party may appeal a case from a district court to a court of appeals

Court of Appeals 13 US Courts of Appeals Each covers a circuit-a geographic area containing several district courts The Appeals court reviews the details of the case. DOES NOT HOLD TRIALS! If an mistake was found the case will be send back to the district court for a new trial Cases only get reviewed for a good reason, such if the ruling discarded precedent

Court of Appeals District Courts

Appeals Those who are unhappy with the verdict from the court of appeals, may appeal to the Supreme Court

Supreme Court Is the highest court in the land Federal Court System Supreme Court Is the highest court in the land Receives thousands of appeals every year but only hears a small percentage of them

Supreme Court Court of Appeals District Courts

Worksheet Using your notes from today ,last class and the reading complete the worksheets in the rest of your packet

Answer the question on the paper provided Pop Quiz

Question 1 When someone is accused of a crime, the type of case is…..

Question 2 If you appeal a case, you are going to……… Appellate court Trial Court A bench trial State court

Question 3 The court that gets to decide what is constitutional…… Court of Appeals District Courts Inferior courts Supreme Court

Question 4 If the appellate court thinks a decision was wrong it will…. Affirm the decision Reverse the decision Do nothing

Question 5 If a groups of people gives the verdict after a trial, that trial was a Appeal trial Bench trial Jury trial Evidence

Question 6 If an appellate court sends a case back to the trial court, it has Affirmed the case Not reviewed the case Remanded the case

Question 7 The decision in a case is called the Evidence Jurisdiction Verdict

Question 8 If you break a law of the United States, your case will probably be in Federal court State court

Question 9 At trial, lawyers try to prove their case using An appeal Verdict Affirm Evidence

Question 10 State courts were created by The US Constitution State constitutions

Journal You have been elected the new Mayor of Sterling. Before leaving office, the old mayor gave jobs to several of his political friends but the paperwork hasn’t made it to the personnel office yet. Should you 1) honor the jobs promised by the old mayor, or 2) cancel the jobs since they aren’t “Officially” in the system yet? What are the possible negatives to denying these people their jobs? What are the possible positives to allowing them to take these jobs? Would it make a difference if the perspective employees had worked against you in the mayoral elections?

Agenda Journal Lecture Activity-Marbury v. Madison

Objectives

Federal Court Jurisdiction Federal Courts System Federal Court Jurisdiction The Constitution gave federal courts jurisdiction in cases that involve United States laws, treaties with foreign nations.

Federal Courts Jurisdiction Cont. Federal Courts System Federal Courts Jurisdiction Cont. Ambassadors and other representatives of foreign governments Two or more states government United States government or one of it offices or agencies Citizens who are resident of different states Citizens who are residents of the same state but claim land under grants of different states

Federal Courts System Supreme Court Court of Appeals District Courts

Special Federal Courts Congress has created a series of courts referred to as legislative Courts. Legislative courts help Congress exercise its power. U.S. Court of federal Claims U.S. Court of Appeals for the Armed Forces U.S. Tax Court Territorial Courts US Court of Military Appeals Foreign Intelligence Surveillance Court Federal Claims Court A person who believes that the government has not pad a bill for goods or service may sue in this court Appeals for the Armed Forces Armed forces highest appeals court. “GI” supreme court The Supreme court however has jurisdiction to review this court’s decision U.S. Tax Court Cases usually involve citizens who disagree with the IRS or other treasury department agencies ruling about federal taxes Based in DC. Federal court of appeals handles cases appealed from the tax court Territorial Courts Congress created courts in the Virgin Islands, Guam, the northern Mariana Islands and Puerto Rico. The appellate court for this system are the United states court of appeals Court of the district of Columbia Because DC is a federal district Congress developed a judicial system for the nation’s capital With federal district court and a court of appeals, various local courts handle cases in DC Court of Veteran’s Appeals He cabinet- level department was created to deal with veterans problems. This court handles cases arising from unsettled claims Foreign Intelligence Surveillance Court The court was authorized to secretly wire tap people suspected of sping against the United States FISA search warrants do not have to be made public and can be issued without probable cause- which is not the case with most criminal cases

Supreme Court Court of Appeals District Courts

Special Federal Courts Federal Courts System Special Federal Courts U.S. of Federal Claims Court U.S. Court of International Trade U.S. Tax Court U.S. Court of Appeals for the Armed Forces

The Court of Appeals for the Federal Circuit Federal Courts System The Court of Appeals for the Federal Circuit Court of appeals for the federal circuit National jurisdiction over certain cases, such as those in which the U.S. government is a defendant

Selection and Qualification Federal Judges

Qualifications No specific requirements in the constitution Federal Courts System Qualifications No specific requirements in the constitution Most have prior experience ( lower or state courts)

Selection of Federal Judges Federal Courts System Selection of Federal Judges All federal judges are appointed by the president and approved by the senate. Senatorial courtesy -allows senators from the president party to have a say in the appointment of judges in their state Hold position for life (must be in good standing) Senatorial courtesy started in the 1840’s Once on the bench a federal judge keeps the position for a term of “good behavior” Alexander Hamilton argued in the Federalist papers No 78 (1787), keeping judges in office for life gives them independence they need to serve as a proper check on the executive and legislative branches

Case Study Marbury V. Madison

Adams appoints new judges… John Adams signs appointments on his last night in office. Thomas Jefferson is to take over as President.

Vocabulary “midnight judges”- what these new judges were referred to as. William Marbury was one of these “midnight judges.”

When does Madison come into play? James Madison, TJs new Secretary of State, was supposed to officially present Marbury with his new position… But he didn’t! So… Marbury sued and appealed to the Supreme Court to get Madison to award him the position…

The Verdict. Supreme Court refuses to grant Marbury his position!! Why? A section of the Judiciary Act of 1789 (which set up the federal court system in the first place) was unconstitutional and void.

Lasting Impact… This is the first time the Supreme Court overturns an act of Congress. Checks & balances in action! Judicial Review- Supreme Court’s ability to declare a law or act unconstitutional

Virginia Court Structure