Structure and Function of Federal Courts Unit 6 – The Judicial Branch

Source of power All information regarding the structure and function of the Supreme Court is found in Article III of the Constitution. All information regarding the structure and function of the Supreme Court is found in Article III of the Constitution. All policies regarding the inferior courts (district and appellate) is found in the Judiciary Act of All policies regarding the inferior courts (district and appellate) is found in the Judiciary Act of 1789.

Structure SupremeAppellateDistrict

District Court Created by Congress with the Judiciary Act of 1789 Created by Congress with the Judiciary Act of Courts that serve 94 different districts – our is in Tyler 94 Courts that serve 94 different districts – our is in Tyler Judges are appointed for life by the President, confirmed by the Senate, can be impeached Judges are appointed for life by the President, confirmed by the Senate, can be impeached Has a single judge and/or a jury of your peers, bailiff, and a clerk Has a single judge and/or a jury of your peers, bailiff, and a clerk Only place evidence is introduced Only place evidence is introduced

District courts Plaintiff – person bringing the case Plaintiff – person bringing the case Defendant – person being accused of wrong doing Defendant – person being accused of wrong doing District Attorney – elected official responsible for representing the people in a case against a defendant District Attorney – elected official responsible for representing the people in a case against a defendant Civil Court – someone/something was damaged but a law was not necessarily broken Civil Court – someone/something was damaged but a law was not necessarily broken Criminal Court – someone/something has broken a law Criminal Court – someone/something has broken a law

Special courts Courts that hear cases involving expressed powers of Congress. 1. Territorial Courts 2. District of Columbia Courts 3. United States Tax Court Courts that hear cases involving expressed powers of Congress. 1. Territorial Courts 2. District of Columbia Courts 3. United States Tax Court

Court of Appeals (AKA Appellate court) Created by Congress with the Judiciary Act of 1789 Created by Congress with the Judiciary Act of Courts of Appeals that serve 12 different circuits – ours is the 5 th circuit in New Orleans 12 Courts of Appeals that serve 12 different circuits – ours is the 5 th circuit in New Orleans Judges serve for Life, appointed by the President, confirmed by the Senate, can be impeached Judges serve for Life, appointed by the President, confirmed by the Senate, can be impeached Uses a panel of judges (usually three) Uses a panel of judges (usually three) Only judges and attorneys are present Only judges and attorneys are present

United States Supreme Court (SCOTUS) Term – For Life Term – For Life Number – 9 (1 Chief & 8 Associate) Number – 9 (1 Chief & 8 Associate) Appointed – by President, confirmed by Senate Appointed – by President, confirmed by Senate Salary – Associates $213,900 Salary – Associates $213,900 (Chief $223,500) (Chief $223,500) Qualifications – None Qualifications – None Are referred to as Justices Are referred to as Justices

Associate Justice Antonin Scalia 76 years old Harvard Law Conservative Ronald Reagan 1986

Associate Justice Anthony Kennedy 76 years old Harvard Law Swing Ronald Reagan 1988

Associate Justice Clarence Thomas 64 years old Yale Law Conservative George HW Bush 1991

Associate Justice Ruth Bader Ginsburg 79 years old Harvard Law Liberal Bill Clinton 1993

Associate Justice Stephen Breyer 74 years old Harvard Law Liberal Bill Clinton 1994

Associate Justice Samuel Alito 62 years old Yale Law School Conservative George W. Bush 2006

Associate Justice Sonia Sotomayor 58 years old Yale Law LiberalObama First Latina 2009

Justice Elena Kagan 52 years old Harvard Law LiberalObama2010

Which way does the court lean? Conservatives: Liberals: Swingers:

Retired Justice Sandra Day O’Connor 82 years old Ronald Reagan 1 st woman to serve on the Supreme Court

Retired Justice Thurgood Marshall Lyndon Johnson 1 st African American to serve on SCOTUS Attorney who argued and won Brown vs. Board

Judicial review Marbury v Madison (1803) Marbury v Madison (1803) The Supreme Court has the authority to review and overturn actions of the other two branches The Supreme Court has the authority to review and overturn actions of the other two branches ie. US vs. Lopez – Gun Free Schools Zone Act ie. US vs. Lopez – Gun Free Schools Zone Act ie. US vs. Nixon – Executive Privilege ie. US vs. Nixon – Executive Privilege

Function

Function of district courts Hear cases involving: Hear cases involving: Civil actions arising under the Constitution, laws, and treaties of the United States; [ Certain civil actions between citizens of different states; Civil actions within the admiralty or maritime jurisdiction of the United States; Civil actions arising under the Constitution, laws, and treaties of the United States; [ Certain civil actions between citizens of different states; Civil actions within the admiralty or maritime jurisdiction of the United States; Criminal prosecutions brought by the United States Criminal prosecutions brought by the United States Court cares about are you guilty or innocent Court cares about are you guilty or innocent What you would see on tv…Judge Judy, Law and Order What you would see on tv…Judge Judy, Law and Order

Function of appellate courts Hear cases on appeal from district courts Hear cases on appeal from district courts This is where you would challenge your conviction. This is where you would challenge your conviction. Courts cares about whether your rights were violated, due process was granted or was there a procedural error Courts cares about whether your rights were violated, due process was granted or was there a procedural error

Function of Supreme Court Hears cases involving : Hears cases involving : 1. Ambassadors and Consuls 2. A state being sued by another state 3. All cases on appeal (Appeals) Only cares about the constitutionality of the law (Appeals) Only cares about the constitutionality of the law

Types of jurisdiction Original – right to hear the case first Original – right to hear the case first Appellate – right to hear the case on appeal after being heard by a lower court Appellate – right to hear the case on appeal after being heard by a lower court Exclusive – only court to hear the case Exclusive – only court to hear the case Concurrent – two or more courts have the right to hear the case Concurrent – two or more courts have the right to hear the case

Examples of jurisdiction District – have original jurisdiction over civil and criminal cases under federal law District – have original jurisdiction over civil and criminal cases under federal law Appellate – have appellate jurisdiction of case heard first by district or special courts Appellate – have appellate jurisdiction of case heard first by district or special courts Supreme – have original jurisdiction over cases involving ambassadors or cases involving two states; have appellate jurisdiction of cases from Appellate courts, Supreme – have original jurisdiction over cases involving ambassadors or cases involving two states; have appellate jurisdiction of cases from Appellate courts,