1. The Federal Courts and the Judicial Branch
Chapter 8
The Federal Courts and the Judicial Branch

2. 8.1 The Federal Court System

3. The American Court System
Independence of the Judicial system is extremely important because…
It helps to safeguard the rule of law – the belief that no one is above the law and all people are entitled to equal justice under the law

4. Three basic tasks of the courts:
1.) Determine if a law has been broken and what penalties can be applied
2.) Decide how to provide relief for those who have been harmed by the actions of another
3.) If necessary, determine the meaning of a particular law in the Constitution itself

5. Jurisdiction Jurisdiction – Authority to hear and decide a case
Exclusive jurisdiction – sole right to hear and decide a case. No other court can decide on the case.
Concurrent jurisdiction – Falls under both state and federal jurisdiction. A state and a federal court can decide on a case.
Original jurisdiction – Court that hears the case and gives a verdict first.
Appellate jurisdiction – Ability to review a case from another court

6. Dual Court System
Before the Constitution, there were only state courts. Often, state courts reached different verdicts for similar cases.
Led to confusion about what the law really was…
The Constitution created both a state and national (federal) court system
States have their own constitutions and laws that are followed by their own state courts

7. Judiciary Act of 1789 First session of Congress
Passed the Judiciary Act of 1789
Established the details of the Supreme Court and…
Proposed a three-tiered structure for the federal courts

8. Three Tiers of the Federal Courts
District Courts:
Have original jurisdiction over nearly all the criminal and civil cases in the federal court system
Courts of Appeals
Used to be circuit courts with no fixed location under Judiciary Act of 1789
Changed to strictly appeals courts after the Judiciary Act of 1891
Supreme Court
Ultimate appellate court
Hears about 100 cases a year, but ~8000 cases are requested for review
Has original jurisdiction over disputes that may arise between states, between citizens of different states, and between states and the federal government
(Other Courts)

11. Appointing Federal Judges
The president nominates ALL federal judges – Not just the Supreme Court justices

12. Factors that are considered when appointing judges…
Legal expertise –
The Constitution does not require it, but most federal judges are trained as lawyers
President will refer to a report by the American Bar Association to assess a nominee’s legal expertise
Party Affiliation
Rewards supporters with judges who are politically similar to supporters
President’s way of making a “stamp” on the country – The justice will be in office for much longer than the president will be

13. Factors that are considered when appointing judges
Judicial Philosophy – based on…
Judicial restraint – interpreting the constitution as the framers intended it to be interpreted (“strict constructionist”)
Judicial activism – adapting the meaning of the Constitution to meet the demands of modern day life
Respect for precedence or previous court rulings on a given decision
Opinions of the Senate
Senatorial courtesy – a senator from the same state as the nominee and the same political party as the president can block a nomination for a district court judge for any reason. The other Senators will follow suit.
Still, most presidents still consult with Senators about all federal nominations because they have to bring forth a nominee the Senate will confirm.

14. Judicial Review – The Judicial Branch’s check on power
Judicial Review – Power of the Supreme Court to rule on whether laws or executive actions violate the Constitution

15. Checks on the Judiciary
Presidential nominations
Senate Confirmations
However, it is very difficult to impeach a judge who is nominated for a life term.
Supposed to prevent judges from being bullied by other branches of government or by the public
Only successful in the past for serious misdeeds, such as accepting bribes