I: LOWER FEDERAL COURTS A:US DISTRICT COURTS 1.DISTRICT COURTS ARE THE LOWEST FEDERAL COURTS WHERE TRIALS ARE HELD(BOTH CIVIL AND CRIMINAL) Goal 5.03 Describe the adversarial nature of the judicial process

» II : 94 district courts in parts of the country, some courts specialized for certain cases (international trade, federal crimes etc.) ˃All federal cases begin in district courts- original jurisdiction ˃Only federal courts where witnesses testify and trial juries reach verdicts. » III: US Court of Appeals ˃A: Appeals courts –review decisions in lower courts- appellate jurisdiction ˃Organization-12 US courts jurisdiction over district courts over an area or circuit. ˃Making a decision: No trials, just 3 or more judges review cases and listen to arguments by lawyers. ˃Can uphold decision, reverse original decision, or remand (back to lower courts to be tried again).

» V: Federal Court Jurisdiction ˃Jurisdiction-authority to hear a case ˃Original jurisdiction-first court to hear case ˃Appellate jurisdiction- appealed from lower court ˃Exclusive jurisdiction-only federal court can hear and decide case ˃Concurrent jurisdiction-both federal and state courts have jurisdiction Types of Cases heard by Federal Courts Constitutional issues Federal Laws for federal crimes (kidnapping, tax evasion, bank robbery, counterfeiting etc.) disputes between states citizens from different states injuries caused by federal govt. foreign gov’ts and treaties admiralty and maritime laws US diplomats

» VI: Federal Judges ˃A: Selection of Federal Judges-appointed by President, confirmed by the Senate ˃B: Federal Judges serve at all levels for life =usually lawyers but don’t have to be. Political support and agreement with the president important factors (activist or constructionist) ˃C: Other court officials: +Magistrates=issues court orders, hear evidence, may hear cases +US Attorneys=gov’t lawyers who prosecute people accused of breaking federal laws +US Marshals=make arrest, keep order in court, serve subpoenas and protect people in witness protection.

» VII: US Supreme Court ˃Jurisdiction and Powers +Original –conflicts b/w states +Appellate – chooses which cases it hears known as the “Court of last resort” +Judicial Review-review an local, state, or federal issue if it is constitutional -Marbury v. Madison ( 1803) ˃Procedures for selecting cases +select cases that involve constitutional questions of legality +Legal, (not political ) questions (Gore v. Bush was an exception) +Writ of certiorari-asks a lower court to send the case to the Supreme Court of review +Accepted cases go on the docket or calendar

» VIII: How does the Supreme Court make decisions? ˃Written arguments- a brief is a written document that explains one side’s opinion. ˃Oral arguments- 30 minutes to present case with questions. Once decision is made –what happens? ˃Opinion writing ˃One Chief Justice, 8 Associate justices vote ˃Majority opinion-views of the majority justices, has far reaching consequences ˃Concurrent opinion- agrees with majority but for a different reason ˃Dissenting opinion- opposes majority opinion

» Which court has jurisdiction in this case? State or Federal » Petty vandalism » Bank theft » Grand larceny » An appeal of a counterfeiting case » A dispute between Virginia and North Carolina » Terrorism » A suit that holding terrorist suspects indefinitely without trial is unconstitutional » A dispute over an unfulfilled $7000 contract » An appeal of a capital punishment case in North Carolina. » An appeal of $10 million lawsuit against a North Carolina company.