1. The Federal Court System

2. National Judiciary 2 separate court systems 1 federal and 1 state
Two kinds of federal courts
Inferior courts- lower federal courts below the supreme court
Constitutional courts
Special courts

3. Constitutional Courts
94 District courts
12 US courts of appeals
US court of appeals for the federal circuit
US court of international trade

4. Federal court jurisdiction
Jurisdiction- authority of a court to hear a case
Can hear case due to
Subject matter
Parties involved
If US officer or agency involved
And ambassador or consul
State suing another or foreign government
Citizen in one state suing one in another
US citizen suing foreign government or subjects

5. Federal Judges Judges appointed by president approved by Senate
Judicial restraint – believe that judges should decide cases on basis
Of the original intent of the framers
Precedent of a decision on a similar case
Judicial Activision- broad view of judicial power, things should change in light of cultural change

6. Federal Judges Constitutional court judges serve for life
Independence of the federal judiciary
Only removed by impeachment- only 13 have been removed
May retire at age 70, if they served 10 years they receive full salary for rest of their life

7. District Courts 667 Judges 89 Judiciary districts
Criminal case- done for committing a crime
Civil case- cases of non criminal matter

9. Court of Appeals “gate keepers” of supreme court
Docket- list of cases to be heard
13 courts of appeals
Each court is composed anywhere from 6 to 28 judges (179 in all)

11. Judicial Review Marbury v. Madison Establishes judicial review
Supreme can rule on constitutionality of laws and their use

12. How cases reach the Court
Able to set own agenda
At least 4 justices must agree to take case
Remand (return) case to lower case
Hears, decides and write full opinion of less than 100 cases per year
Writ of certiorari- order by court directing lower court to send up records for review
Certificated- happens when lower court not clear about procedure or the rule of law that should apply

13. How the Court operates Once court accepts case schedule oral arguments
Each party files a brief- before oral argument
Brief details party’s legal position
Court conference- when justices decide how to rule of a case
The courts opinion
Majority opinion- sets out facts and how the court rules
Concurring opinion- agrees with majority opinion, but for different reasons
Dissenting opinions- written by those who do not agree with the majority opinion