1. The Federal Court System
The Judicial Branch
The Federal Court System

2. I. Creation of a National Judiciary
A. Established in Article III of the Constitution
B. Dual court system:
1. National Judiciary
2. State Courts- each of the 50 states has own judicial system.
Responsible for most court cases.

3. II. Federal Courts A. Supreme Court- created by the Constitution
B. Inferior Courts- lower federal courts
created by Congress.
1. Constitutional Courts:
“Regular Courts” or “Article III Courts”
2. Special Courts:
“Legislative Courts”

5. III. Federal Court Jurisdiction
A. Article III Section 2: Federal Courts may hear a case based on either:
1. The subject matter:
Constitution, federal statute, or treaty
Admiralty law (US waters)
Maritime Law (on land- relating to US Waters)
2. The parties involved:
US, its officers, or agencies
Ambassador or representative of foreign Gov.
Any cases that involve more than one state or another country.

6. The Supreme Court has both Original and Appellate Jurisdiction.
B. Types of Jurisdiction:
1. Exclusive vs. Concurrent
2. Original Jurisdiction: Court where the case is first heard.
3. Appellate Jurisdiction: Court hearing a case on appeal from lower court.
The Supreme Court has both Original and Appellate Jurisdiction.

7. V. Judicial Philosophy
A. Judicial Restraint: judges should always try to decide cases on the basis of:
1. the original intent of those who wrote the Constitution or statute and
2. precedent- in line with previous decisions.
*Rehnquist Courts
B. Judicial Activism: law interpreted and applied to reflect current society.
*Warren Courts

8. VI. Term & Pay of Judges A. Terms: 1. Constitutional Courts: For Life
Removal through Impeachment Process:
13 Federal Judges have Impeached
7 Convicted and Removed.
B. Pay:
Supreme Court Justices: over $200k
Retire at full pay after years

9. Judicial Review and the Supreme Court
The Judicial Branch
Judicial Review and the Supreme Court

10. How Federal Cases are Appealed

11. I. Judicial Review
A. Judicial review: the power of a court to determine the constitutionality of a government action.
B. Marbury v. Madison (1803): The Supreme Court first asserted its power of judicial review .
1. The Court’s decision laid the foundation for its involvement in the development of the American system of government.

12. II. Reaching the Supreme Court
A. Rule of 4: at least 4 of the 9 justices must agree to put the case on the docket.

13. III. How the Supreme Court Works
A. Oral Arguments: Lawyers from both sides present their arguments on the case- limited to 30 minutes.
B. Briefs: Written, detailed statements that support one side of a case- presented before Oral Arguments.
C. The Court in Conference: Chief Justice presides over a closed-door conference to discuss the case.

14. IV. Opinions
A. Majority Opinion: “The Opinion of the Court” – the written decision in the case and the reasoning for the decision.
1. Precedents: examples to be followed in future cases.
B. Concurring Opinion: written by one or more justices in addition to the Majority Opinion to provide clarification or emphasis on the courts decision.
C. Dissenting Opinions: written by those justices who do not agree with the Majority decision.