THE FEDERAL COURT SYSTEM Chapter 5 – The Judicial Branch

THE PURPOSE OF THE JUDICIAL BRANCH IS TO INTERPRET LAWS!!!

LEGISLATIVE - MAKE LAWS EXECUTIVE - ENFORCE LAWS JUDICIAL - INTERPRET LAWS

IN THE U.S.A. THERE ARE 2 COURT SYSTEMS: FEDERAL AND STATE

EACH SYSTEM HAS A RIGHT TO HEAR CERTAIN KINDS OF CASES

THE RIGHT TO HEAR A CASE IS CALLED JURISDICTION!!!

FEDERAL COURTS HEAR CASES OF NATIONAL CONCERN

LIKE…CASES INVOLVING THE U.S. GOVERNMENT AND ITS OFFICIALS FOREIGN AMBASSADORS, MINISTERS, OR CONSULS 2 OR MORE STATES CITIZENS OF DIFFERENT STATES A STATE OR ITS CITIZENS AND A FOREIGN GOVT. OR ITS CITIZENS

WHAT THE CASE IS ABOUT CAN ALSO PUT IT UNDER FEDERAL JURISDICITON CASES INVOLVING THE CONSTITUTION CASES INVOLVING LAWS AND TREATIES OF THE U.S. CASES INVOLVING ADMIRALTY AND MARITIME LAWS

THE FEDERAL SYSTEM HAS ONE SUPREME COURT AND 2 LOWER COURTS

SUPREME COURT COURTS OF APPEALS DISTRICT COURTS

THE DISTRICT COURTS ARE THE LOWEST LEVEL OF FEDERAL COURTS

THEY ARE THE COURTS OF ORIGINAL JURISDICTION

EACH STATE HAS AT LEAST ONE FEDERAL DISTRICT COURT IN IT

THE U.S. COURT OF APPEALS WAS SET UP IN 1891 TO RELIEVE THE SUPREME COURT FROM HEARING ALL APPEALS FROM THE DISTRICT COURTS

THERE ARE 11 JUDICAL CIRCUITS SET UP IN THE U.S.

EACH HAS A COURT OF APPEALS

THAT ARE APPEALED FROM THE THE COURT OF APPEALS ONLY HEARS CASES THAT ARE APPEALED FROM THE DISTRICT COURTS

AND AT THE HIGHEST LEVEL OF THE FEDERAL COURT SYSTEM...

THE SUPREME COURT

THE SUPREME COURT HAS 9 MEMBERS

THEY ARE APPOINTED FOR LIFE

The U.S. Supreme Court Stephen Breyer Samuel Alito Elena Kagan Sonia Sotomayor Elena Kagan Clarence Thomas Antonin Scalia John Roberts Anthony Kennedy Ruth Bader Ginsburg

APPOINTED BY A PRESIDENT EACH JUSTICE WAS APPOINTED BY A PRESIDENT AND APPROVED BY MEMBERS OF SENATE

THERE ARE NO QUALIFICATIONS FOR JUSTICES

THE CHIEF JUSTICE IS John Roberts

HE WAS APPOINTED TO BE CHIEF JUSTICE BY George W. Bush

CASES HEARD BY THE SUPREME COURT FALL INTO 3 CATEGORIES

1. ORIGINAL JURISDICTION

CASES IN WHICH ANY OF THE 50 STATES ARE A PARTY THESE ARE CASES INVOLVING LEGAL PROCEEDINGS AGAINST AMBASSADORS OF FOREIGN NATIONS. OR CASES IN WHICH ANY OF THE 50 STATES ARE A PARTY

BOTH KINDS ARE RARE!!!

2. APPEALS FROM STATE SUPREME COURTS

3. APPEALS FROM LOWER FEDERAL COURTS

CHOOSE WHICH APPEALS CASES THE COURT CAN CHOOSE WHICH APPEALS CASES IT WANTS TO HEAR

IT USUALLY CHOOSES CASES INVOLVING BASIC CONSTITUTIONAL PRINCIPLES

CONFLICTING DECISIONS OR TO ISSUES ON WHICH COURTS OF APPEALS IN DIFFERENT CIRCUITS HAVE REACHED CONFLICTING DECISIONS

WHEN LAWS ARE DECLARED UNCONSTITUTIONAL...

THIS IS JUDICIAL REVIEW