1. The Federal Court System
CHAPTER 18

2. The National Judiciary
Section 1
The National Judiciary
U.S. has courts at federal level and at the state level
Dual Court System
Kinds of Federal Courts
Supreme Court
Inferior courts – created by Congress, lower federal courts
Constitutional courts
Special courts

3. Constitutional & Special Courts
*Federal courts * hear cases out of expressed powers

4. Jurisdiction Authority of a court to hear and decide a case
Federal courts may hear a case because of either:
The subject matter or
The parties involved in the case

5. Types of Jurisdiction
Exclusive
Cases can only be heard in the federal courts
Concurrent
Power is shared between the state and federal courts to hear cases
Original
The court in which the case is first heard
Appellate
The court that hears the case on an appeal from a lower court
1)Court may uphold the ruling, 2) over rule the ruling or 3) modify ruling

6. Appointment of Judges
President nominates Supreme Court justices and federal court judges
Must be approved by the Senate
Local level judges are elected

7. State and local – most are 4 yr terms Salary: Set by Congress
Terms: Supreme Court Judges and Constitutional Courts - picked for life terms
State and local – most are 4 yr terms
Salary: Set by Congress
Can retire at age 70 with 10 yr of service – receive full salary

8. 2017 Chief Justice – John Glover Roberts Jr. Other Justices
Salary: $263,300
Other Justices
Salary: $251,800
2017

9. The Inferior Courts District Courts 94 at federal level
Section 2
The Inferior Courts
District Courts
94 at federal level
Handle over 300,000 cases per year

10. District Court Jurisdiction
Have original jurisdiction
Most cases heard in federal courts
Criminal cases: mean a law has been broken or crime
Ex. Bank robbing, mail fraud, and tax evasion
Civil cases: dispute between people or 2 groups in dispute
Ex. Bankruptcy, public lands, and civil rights

11. Jurors – people who sit on jury’s – 18+ yrs old Petit Jury
Grand jury
Their job is to determine if there is enough evidence to hold a trial
Jurors – people who sit on jury’s – 18+ yrs old
Petit Jury
They decide innocence or guilt

12. Court of Appeals Appellate jurisdiction
Relieve Supreme Court of hearing cases, takes some of the burden
12 courts of appeals in judicial system
U.S. divided into 12 judicial circuits

13. Section 3
The Supreme Court
*Highest court in U.S created by Constitution part of Judicial Branch -- duty: interpret laws
* Both original and appellate jurisdiction

14. Supreme Court Members John Roberts Jr. Clarence Thomas Anthony Kennedy
Ruth Bader Ginsburg
Stephen Breyer
Samuel Alito Jr
Elena Kagan

15. Judicial Review
Courts have the power to decide the constitutionality of an act of government
Supreme Court has final authority
Supreme Court exercised its first judicial review in 1803
Case of Marbury vs Madison

16. How Cases Reach the Court
More than 8,000 cases are appealed to S Crt
Court will select cases it wants to hear if at least 4 Justices want to hear it
Fewer than 100 cases they hear
Most cases reach the Supreme Court by writ of certiorari (“to be made more certain”)
Directs the lower court to send up a case for review

18. How the Court Operates
Sits from 1st Monday in October to following June or July
Oral Arguments
Consider cases in two-week cycles
On Mon, Tues, Wed
Lawyers on both sides present oral arguments
Get 30 mins to make presentation

19. The Court in Conference
Briefs
Written documents filed with the Court before oral arguments begin
Detailed statements built on facts and citations of previous cases
The Court in Conference
Chief Justice presides over a closed-door conference in which justices present their views on the case at hand

20. Opinions of the Court Majority Opinion Concurring Opinions
Once the Court finishes its conference, it reaches a decision and its opinion is written
Majority Opinion
Formally called the Opinion of the Court
Announces Court’s decision in a case and its reasoning on which it is based
Concurring Opinions
Justice makes or emphasizes a point not made in the majority opinion
Dissenting Opinions
Written by justices who do not agree with the Court’s decision

21. Special Courts Created by Congress
Hear certain cases involving the expressed powers of Congress

22. COURTS
****US government cannot be sued by anyone, in any court, for any reason, without its consent****
Court of Federal Claims
Hear claims for damages against the Federal Gov’t
16 judges – 15 yr terms

23. COURTS District of Columbia Court US Territories Court
Courts of Armed Forces
Used for trying members of military who are accused of violating military law
United States Tax Court
Part of legislative branch
19 judges – 1 chief judge – 15 yr terms
Hears civil but not criminal cases involving disputes over the application of the tax laws

24. State Courts Magistrate Courts – Police Court
Limited jurisdiction over minor civil and criminal matters
Helps relieve load of District Courts
4 yr terms – elected
Rooks County District Magistrate Judge
Douglas Bigge

25. Municipal Courts – City Courts
Single judge
Lawyer may be present
Violations of city ordinance
Appeal decisions to district courts
Stockton Municipal Judge
Kay Ross

26. District Courts – General trial court
4 yr term
Original jurisdiction
Single judge
May be appealed to higher court
Rooks County District Court Chief Judge
Edward E. Bouker

27. Appellate Courts – Court of Appeals
14 justices – Chief Judge: Karen Arnold-Burger
4 yr terms
Appellate jurisdiction
Appointed by Governor
Review cases of the District Courts
May appeal to Supreme Court

28. State Supreme Court Highest court in Kansas 6 yr term
Appointed by Governor
Original and appellate jurisdiction
Chief Justice: Lawton R. Nuss