The Judicial Branch Chapter 11 – The Federal Court System Unit 7 The Judicial Branch Chapter 11 – The Federal Court System

Powers of the Federal Court System Jurisdiction of the Courts Jurisdiction = the authority to hear cases. Federal and state Overlapping called concurrent jurisdiction Federal deals with U.S. laws, treaties, constitutional interpretations, bankruptcy, and maritime law Also, with individuals or groups in different states. Trial Courts – court in which trial was originally tried (original jurisdiction) Appellate jurisdiction – loser of trial court wishes to appeal If lose, can appeal to Supreme Court

Powers of the Federal Court System Developing Supreme Court Power From custom, usage, and history Courts may not initiate action Litigants – people engaged in a civil lawsuit Only determine cases Marbury v. Madison – established judicial review Due Process – no state may deprive a person life, liberty, or property without due process of law

Lower Federal Courts Origin and Structure Judiciary Act of 1789 – allows Congress to establish lower federal courts District courts created to serve as trial courts Today there are 94 Districts – each state has a minimum of 1 District plus 1 each in Puerto Rico and Washington, D.C. Trial courts for criminal and civil cases 2 types of juries Grand jury – 16-23 people hear charges and determine if there is enough evidence to bring the accused to trial Petit - 6 or 12 people and weigh evidence presented at a trial and render a verdict

Selection of Federal Judges Chosen by President with advice and approval of Senate Recognition of a lawyer’s high standing Lifetime term Party affiliation is important Senatorial courtesy – president submits the name of his candidate to the Senator from the candidate’s state (trial courts) Background – experience in law, professors at law schools, members of Congress, attorneys. 1/3 have been state court judges

Lower Federal Courts Officers of the Court Federal Courts of Appeal United States attorney U.S. magistrate – issues arrest warrants Bankruptcy judge United States Marshal – makes arrests, secure jurors Deputy clerks Bailiffs Stenographer 14 US courts of appeals 12 judicial circuits (regions) and 1 with national jurisdiction, 1 military Panel of three judges on appeals

The Federal Court System Legislative Courts Court of International Trade Court of Federal Claims Deals with tariffs (tax on trade) Based in New York City Also in New Orleans and San Francisco Citizens who think tariffs are too high is the most common type of case Handles claims against US for money damages Unpaid bills US Tax Court Hears cases related to federal taxes Disagreements over IRS rulings

Legislative Courts Courts of District of Columbia Court of Appeals for the Armed Services Courts of District of Columbia Hears cases of members of armed services convicted of breaking laws Court system within the nation’s capital Court of Veterans’ Appeals Deals with unsettled claims from Department of Veterans’ Affairs Territorial Courts Court systems in Virgin Islands, Guam, Northern Mariana Islands, and Puerto Rico Foreign Intelligence Surveillance Court Authorized to secretly wiretap or perform searches of people suspected of terrorism or clandestine activities

Supreme Court Justices appointment Currently nine members, since 1869; prior to that the # varied from 5-10 Congress sets salaries, which may not be diminished during lifetime; Chief Justice of the United States has higher salary than Associate judges May be impeached by the House; one has been impeached, never removed Law degree not required, but is pro forma (matter of form) Lifetime appointment Senate approval- majority vote Influences: Other justices Attorney general and Justice Department Legal community Leading members of Congress ABA (American Bar Association) Interest groups

Supreme Court Original (only a small number of cases) Appellate jurisdiction Original (only a small number of cases) Appellate From Courts of Appeals From other federal District courts regarding Constitutional issues From highest court of a state regarding Constitutional issues, not issues of state law

The Nine The Roberts Court-2013 Front row: Associate Justices Clarence Thomas, Antonin G. Scalia, Chief Justice John Roberts, Associate Justice Stephen G. Breyer, Ruth Bader-Ginsberg back row: Associate justices Sonia Sotomayor, Anthony M. Kennedy, Samuel A. Alito, Elena Kagan