1. THE FEDERAL COURTS
STUDENT NOTES 10.1

2. ARTICLE III Creates ONE Supreme Court
Inferior courts created by CONGRESS
Judiciary Act of 1789
Original and appellate JURISDICTION
Appointed by POTUS; Senate approval
Serve for “good behavior”
No set number of judges
No mention of JUDICIAL REVIEW

3. Development: Role of the Courts
ORIGINALLY
Rule on existing law DO NOT make law
Purpose of a case was NOT to learn what the judge BELIEVES but what the LAW requires
NOW
Judicial activism
No longer rule on existing law – MAKE THE LAW
Common law system
Federalist #78
Alexander Hamilton – neutral role of courts
Weakest branch
“has no influence over either sword or the purse”
“can take no active resolution whatever”
“neither force nor will but merely judgment”
“beyond comparison the weakest of the three departments of power”
“liberty can have nothing to fear from the judiciary alone”

4. Development: Role of Courts
JURISDICTION OF SCOTUS
“ The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”
LIMITED ORIGINAL
LARGE APPELLATE
Nation v. state, slavery, federal legitimacy
Gov’t v. economy
1938-now
Personal liberty, social equality
BoR/14th Amendment/selective incorporation

5. WHERE DO COURTS COME FROM?
SCOTUS = US CONSTITUTION
FEDERAL COURTS = JUDICIARY ACT OF 1789 (originally) or CONGRESS creates more
STATE COURTS = EACH STATE LEG

6. Structure: Dual System
STATE
FEDERAL
Constitutional
District courts
Courts of appeals
US Supreme Court
Criminal & civil cases
Vary from state to state
County, circuit, district, superior
Handle criminal
Grand theft
Shoplifting
Rape
And Civil
Divorce
Property disputes
Car accidents

8. FEDERAL JURISDICTION 1. Constitutional questions
2. Laws enacted by the federal government
3. Admiralty and Maritime Law
4. Disputes where the US government is involved
5. Controversies between states
6. Disputes involving foreign governments 
7. US Ambassador, minister, and other consuls serving in foreign countries

9. Structure

10. CRIMINAL V. CIVIL CRIMINAL
Commission of acts specifically prohibited by written statute
Burden of proof = STATE
CIVIL
Everything else
Provides a means for a person to enforce a right or to correct a wrong that is not specified by criminal code
B/t people and private matters
Marriage
Wills
Contracts
Property
Burden of proof = plaintiff or defendant
Addresses the need for a society to keep order and to assign punishment to those who commit forbidden acts

11. DC – general trial courts of the federal gov
Created by Congress

12. The Jurisdiction of the Federal Courts
Figure 16.3
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13. Structure: Selecting Judges
FEDERAL appointments made by POTUS
STATE appointments made by GOV. or VOTE (vary)
No formal requirements
President appoints judges to the federal courts
Criteria
political party, ideology, ethnic representation, gender representation
Tenure in office “good behavior”: federal “life-time appointment”
Ideology does not determine behavior
Rationale: judicial independence
Impeachment - only way to remove a federal judge from office
Confirmed by majority vote in the Senate

14. Selecting Justices
Presidents seek judicial appointees who share their political ideologies.
Senate filibusters have delayed judicial nominations, causing several potential judges to remove their names from consideration.

15. JUDICIAL VACANCIES

16. SENATE JUDICIARY COMMITTEE
The Judiciary Committee evaluates the nominee by gathering information, running a background check, and reviewing the record and qualifications of the nominee.

17. Female Judicial Appointments 1963–2013
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18. Minority Judicial Appointments 1963–2013
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19. THE POLITICS OF CONFIRMATION
Senatorial courtesy –
POTUS nominates qualified person BUT needs approval from senior senator (of POTUS’ party) where district judge is to serve
Justice Dept. finds candidates that match POTUS political philosophy
Senate judiciary committee holds confirmation hearing

20. ___________ selects the federal judges.
A federal law must be _________ in order to be considered legal.
You can sometimes __________ to a higher court, if you lose a case.
Federal cases are first heard in ___________.
The three levels of federal courts are ______.
Somebody would appeal his court case if _________.
The __________ may decide whether it wants to take a case on appeal.
Judicial review is when the judge ________
When a case is decided and becomes a guide for similar cases _________ is established.