1. The Federal Court System
Rules above all other courts!
We are the “Gate Keepers”!
We are the trial courts…. civil and criminal.
Hears monetary claims against U.S. Gov’t

2. I. The Federal Court System
Article III Section 1: “The Judicial Power of the United States shall be vested in one supreme Court and in such Inferior Courts as the Congress may from time to time ordain and establish.”
With this line, the Framers created a National Judiciary for the US
Judicial Branch plays an important part in the Checks and Balances system
Courts can declare laws unconstitutional
Courts can declare acts of POTUS unconstitutional

3. I. The Federal Court System
There are 2 separate court systems in the US:
National Judiciary 120 courts
Each State has its own system of courts
State Courts hear most cases in the US

4. I. The Federal Court System
There are also 2 kinds of Federal Courts as well:
Constitutional Courts(aka regular courts) – created in Article III to exercise the “Judicial Powers” of the US.
Include: Supreme Court, Court of Appeals, District Courts

5. I. The Federal Court System
Special Courts (aka legislative courts) – Created by Congress to hear cases arising out of certain Expressed Powers given to Congress in Article I.
Hear a much Narrower range of cases than those that may come before the constitutional courts.
Include: US Court of Appeals for the Armed Forces, US Tax Court, US Court of Federal Claims

6. II. Inferior Courts Handle most of the cases tried in Federal Court
District Courts: Federal Trial courts
677 judges
300,000 cases a year
94 total
Hear both Criminal & Civil cases
Criminal: Jury looks at evidence to determine if a person broke a law
***Must be guilty “Beyond a reasonable doubt (at least 95%)”
Civil: Jury/Judge determines if a person is responsible for damages
***Must have a “preponderance of evidence (51%)” or more guilty than not
Most decisions are final…however some are appealed in the Court of Appeals or in a rare circumstance directly to the Supreme Court

7. Criminal vs. Civil Law ‘Preponderance of Evidence’
‘Beyond reasonable doubt’

8. II. Inferior Courts The Court of Appeals: created by Congress in 1891.
“Gatekeepers” – created to relieve the Docket: list of cases to be heard (workload) by the Supreme Court
There are 13 in the judicial system
179 judges

10. The Supreme Court Sotomayor(L), Breyer(L), Alito(C), Kagan(L)
This robe is hot!
Wow that smells Clarence!
Oh shoot! I blinked!
Innocent??? Not a Chance!
Sotomayor(L), Breyer(L), Alito(C), Kagan(L)
Thomas (C), Scalia (C) RIP, Roberts (C), Kennedy(M), Ginsburg(L)

11. Liberal – Conservative Scale
Kennedy is the swing voter

13. I. Basics
Only court specifically (expressly) created by the Constitution (Art. III Sec. 1)
There are supposed to be 9 judges
The Court is on equal footing with the President & Congress
Justices are appointed by the President and confirmed by the Senate
Their terms are for Life

14. I. Basics
Alexander Hamilton referred to the Supreme Court as the “Least Dangerous” branch of government – Why?
No Money Power (legislative branch) nor the power to control the Military (executive branch)
It is the “Court of Last Resort” in all questions of federal law
It is the FINAL AUTHORITY in any case involving a question arising under the Constitution, and act of Congress, or a treaty of the US

15. II. Judicial Review
Definition: the power to decide if an act of government is constitutional 
There are only two ways to overturn a Supreme Court’s ruling:
Supreme Court overturns a previous Supreme Court’s decision – Plessy vs. Ferguson/Brown Vs. Board
Constitutional Amendment – 13th/14th Amendment overturned Dred Scott vs. Sanford

16. II. Judicial Review Marbury vs. Madison effects:
The SC claimed the right to declare acts of Congress Unconstitutional
Established Judicial Review
Reinforced the Supremacy Clause: Constitution is the “Supreme law of the land.”
Judges must refuse any government action they find in Conflict with the Constitution which they are Required to defend.

17. III. Supreme Court Jurisdiction
What is Jurisdiction? Power of a court to hear/review a case
How do cases reach the Supreme Court?
Appealed to the Supreme Court; 8,000 cases every year
The SC then Selects which cases it wants to hear/review for decision
On average, the SC decides about 100 cases a year
Most cases reach the SC by a Writ of Certiorari:
“to be made more certain”: this is an order by the court directing a lower court to send up the record in a given case for its review.(hand-picked)

18. III. Supreme Court Jurisdiction
How the SC operates:
Set a Date: Begin the first Monday in October; end the following June/July
Briefs are filed by both sides of the case (written arguments for both sides)
Hear Oral Arguments (limited to 30 min each for two weeks)
Recess and consider cases for the next two weeks
Chief Justice presides over each case and tells the others how he/she intends to vote
Other justices then give their Opinion
Debate occurs in conference – About 1/3 of cases are unanimous
If the CJ is on the majority, he/she assigns the writing of the Court’s decision
If in the minority, the decision is assigned by the next Senior member

19. III. Supreme Court Jurisdiction
The Courts opinion is called the Majority Opinion. They stand as Precedents or examples to be followed in similar future cases
Concurrent Opinion: written to emphasize or add to a point that was not made in the majority opinion
Dissenting Opinion: written by justices who do not agree with the Court’s majority opinion; minority position could become the majority position in the future.

20. IV. Special Courts Court of Appeals for the Armed Forces:
Court Martial: serve the special disciplinary needs of the armed forces and are not part of the federal court system.
Court of Federal Claims:
Determine if people have valid reason to sue the government
It also hears the case and determines the result
Congress then appropriates the money if at fault
Many other courts exist as well like the US Tax Court, Veteran affairs, etc.