1. – Ch. 8 –. The federal Courts & the judicial branch – Ch
– Ch. 8 – The federal Courts & the judicial branch – Ch. 13 – Supreme Court cases
UN I T 3

2. The federal court system (PP. 220 – 225)
SECT ION 1

3. We have a National Court and a State Court System
1. WHAT IS A ‘DUAL COURT SYSTEM’ & WHICH LEVEL OF GOV’T. HEARS THE VAST MAJORITY OF CASES IN THE U.S.?
We have a National Court and a State Court System
Our State Court System hears the vast majority of cases

5. State Court Jurisdiction
2. WHEN IT COMES TO JURISDICTION, WHAT TYPES OF CASES DO BOTH THE STATE & FEDERAL COURTS HEAR?
State Court Jurisdiction
Hear matters involving state law (in Ohio, it would be anything dealing with the Ohio Revised Code and/or county/municipal laws)
Federal Court Jurisdiction
Hear matters involving the U.S. Constitution and/or other federal laws

6. 3. EXCLUSIVE JURISDICTION
The U.S. Constitution gives federal courts the ‘sole’ right to hear certain types of cases that the state courts can not hear
Examples include interpretations of the Constitution, federal laws, or treaties

7. 3. CONCURRENT JURISDICTION
Cases that fall under both state & federal jurisdiction
Examples include cases dealing with residents of different states & the amount of money involved exceeds $75,000 (in civil cases)

8. 3. PLAINTIFF The person making the legal (criminal/civil) complaint
He/she can file in federal or state court

9. 3. DEFENDANT The person against whom the complaint is filed
Under certain circumstances, the defendant can insist that the case be tried in federal court

10. 3. ORIGINAL JURISDICTION
The court that first hears a case has ‘original jurisdiction’
It is possible to have a case tried in both state & federal court (usually, one will cede to the one that carries a tougher penalty)

11. 3. APPELLATE JURISDICTION
If a case is appealed to a higher court, it moves to the court that has ‘appellate jurisdiction’
In civil cases, the losing party (plaintiff or defendant) can appeal a verdict
In criminal cases, only the defendant can appeal a verdict
This is due to the 5th Amendment’s Protection from Double Jeopardy
The U.S. Supreme Court is the Final Court of Appeals (no one can appeal a U.S. Supreme Court Ruling)

12. 4. WHY DID THE FRAMERS CHOOSE TO BE VAGUE WITH OUTLINING THE POWERS OF OUR JUDICIAL BRANCH?
The proper power of federal courts was a matter of debate & providing too many details might trigger opposition from those who didn’t want a strong national gov’t., possibly delaying/preventing ratification

13. 5. DESCRIBE EACH OF THE TIERS & THEIR JURISDICTION IN THE ‘3-TIERED’ STRUCTURE OF THE JUDICIARY ACT (1789)?
District Courts
Spread throughout the country & serve as the federal system’s trial courts (original jurisdiction over nearly all criminal/civil cases heard at the federal level)
Criminal cases involve violations of criminal law (murder, kidnapping, etc.)
Civil cases involve disputes over money and/or property, between private individuals or groups
94 federal judicial districts (89 in the 50 states, & one each in Washington D.C., Puerto Rico, Guam, the U.S. Virgin Islands, & the Northern Mariana Islands)
There must be at least one federal court in every state

14. 5. DESCRIBE EACH OF THE TIERS & THEIR JURISDICTION IN THE ‘3-TIERED’ STRUCTURE OF THE JUDICIARY ACT (1789)?
Circuit Courts
This layer of courts is above the district courts
Got its name because they originally didn’t have a ‘fixed’ location (judges would travel through the circuit to hear cases)
They were transformed into strictly ‘appellate courts’ from the Judiciary Act of 1791 (now called the Federal Court of Appeals)
They hear appeals from district courts
The U.S. is currently divided into 13 different circuits & within each, is a court of appeals

15. 5. DESCRIBE EACH OF THE TIERS & THEIR JURISDICTION IN THE ‘3-TIERED’ STRUCTURE OF THE JUDICIARY ACT (1789)?
U.S. Supreme Court
Occupies the ‘top tier’ of the federal court system
It is mainly an appellate court, although it does have original jurisdiction in ‘Cases affecting Ambassadors, other public Ministers/Consuls, & those which a State shall be Party’ (Article III – Section 2)
Originally, the Court had one chief justice & five associate justices (Since 1869, the Court increased to one Chief Justice & eight associate justices)
It receives around 8,000 requests to review a case each year (It will issue full opinions on around 100)

16. 6. WHO APPOINTS FEDERAL JUDGES & WHO APPROVES THESE APPOINTMENTS?
The President appoints federal judges
The Senate approves or confirms them

17. Legal expertise Most federal judges are trained lawyers
7. DESCRIBE EACH OF THE 4 FACTORS TAKEN INTO CONSIDERATION WHEN MAKING FEDERAL JUDGE NOMINATIONS?
Legal expertise
Most federal judges are trained lawyers
Since 1952, the American Bar Association (ABA) issues reports on the integrity & professional competence of federal judge nominees

18. 7. DESCRIBE EACH OF THE 4 FACTORS TAKEN INTO CONSIDERATION WHEN MAKING FEDERAL JUDGE NOMINATIONS?
Party affiliation
Presidents usually nominate judges with whom they share a party affiliation
Why is this good politics?
These judges typically rule according to that party’s ideology (liberal or conservative) & will be a judge long after the president leaves office

19. 7. DESCRIBE EACH OF THE 4 FACTORS TAKEN INTO CONSIDERATION WHEN MAKING FEDERAL JUDGE NOMINATIONS?
Judicial philosophy
Presidents appoint judges who share their judicial philosophy (which falls on a spectrum between judicial restraint & judicial activism)
Restraint – interpret the Constitution according to the Framers’ original intent (what type of interpretation?)
Activism – adapt the meaning of the Constitution to meet the demands of contemporary realities (what type?)

20. 7. DESCRIBE EACH OF THE 4 FACTORS TAKEN INTO CONSIDERATION WHEN MAKING FEDERAL JUDGE NOMINATIONS?
Opinions of the Senate
Presidents usually consult with Senators (particularly with those from their own party) when making nominations to the Court of Appeals & the Supreme Court
it’s usually not smart to wage long, drawn-out confirmation hearings

21. 8. DEFINE ‘PRECEDENT’ & ‘SENATORIAL COURTESY’?
Previous court rulings can limit a judge’s ability to ‘loosely’ or ‘strictly’ interpret the Constitution (some respect precedent more than others)
Senatorial courtesy
A senator from the same state as the nominee & same party as the president can block a nomination for any reason, & the rest of the Senate will follow suit (this is why presidents consult first with their party’s Senators or simply go with the suggestions from his party)

22. 9. WHAT IS JUDICIAL REVIEW?
The U.S. Supreme Court has the power to rule on whether state/federal laws or executive actions violate the Constitution

23. An amendment can make an unconstitutional act constitutional
10. DESCRIBE HOW ‘IMPEACHMENT’ & THE ‘AMENDMENT PROCESS’ ARE LEGISLATIVE CHECKS ON THE JUDICIAL BRANCH?
Federal judges can be impeached, but the process is difficult & one can’t be removed simply for political reasons (it must be a serious offense – taking bribes)
Only 8 federal judges have been impeached & convicted by the Senate
An amendment can make an unconstitutional act constitutional