1. The Federal Court System
Chapter 18

2. The National Judiciary
Section One

3. The Constitution creates the Supreme Court and leaves to Congress the creation of the inferior courts—those federal courts under the Supreme Court.
Congress has created two distinct types of federal courts. Constitutional courts deal with matters involving the “judicial power of the United States.” Special courts, such as Tax Court, deal with cases related to the expressed powers of Congress.
Jurisdiction over, or the authority to hear federal cases belongs to constitutional courts. Federal courts have exclusive jurisdiction over cases that may only be heard by them.

4. Federal and State courts have concurrent jurisdiction over cases that may be tried by either. Such cases may be disputes among residents of different States.
In some of these cases, the plaintiff, the person filing the case, may choose to bring it to federal or State court. The defendant, the person against whom the complaint is made, may be able to have a case moved from a State court to a federal court.

5. A court that first hears a case has original jurisdiction over it
A court that first hears a case has original jurisdiction over it. A court that hears a case on appeal from a lower court has appellate jurisdiction over the case.
The President nominates federal judges, and the Senate then confirms them. Judges of the Supreme Court and the constitutional courts serve for life and may only be removed from office by impeachment.

6. The Inferior Courts
Section Two

7. The inferior courts, the federal courts under the Supreme Court, handle most federal cases. Each State, the District of Columbia, and Puerto Rico has at least one district or federal trial court.
The 94 U.S. district courts have original jurisdiction over most federal criminal cases and federal civil cases. A federal criminal case is filed when a person violates a federal law. A federal civil case involves some noncriminal matter, such as a contract dispute.
When the Supreme Court’s docket—its list of cases to be heard—grew too long, Congress created the courts of appeals to hear appeals from district courts.

8. The United States now has 12 courts of appeals serving 12 judicial circuits. Altogether, 179 circuit judges sit on these appellate courts, with a justice of the Supreme Court assigned to each of them.
Congress has created two other federal courts. The U.S. Court of International Trade hears civil cases involving trade-related laws.
The Court of Appeals for the Federal Circuit hears appeals cases from across the country. Its purpose is to speed up appeals in certain kinds of civil cases.

9. The Supreme Court
Section Three

10. The Supreme Court is made up of the Chief Justice and eight associate justices. It is the final authority for any case involving questions of federal law.

11. Current Supreme Court Justices
John Roberts, Chief Justice: Nominated by President George W. Bush in 2005.

12. Current Supreme Court Justices
Anthony Kennedy: Nominated by President Ronald Reagan in 1988.
Antonin Scalia: Nominated by President Ronald Reagan in 1986.

13. Current Supreme Court Justices
Clarence Thomas: Nominated by President George H. W. Bush in 1991.
Ruth Bader Ginsberg: Nominated by President Bill Clinton in 2003.

14. Current Supreme Court Justices
Stephen Breyer: Nominated by President Bill Clinton in 1994.
Samuel Alito: Nominated by President George W. Bush in 2006.

15. Current Supreme Court Justices
Sonia Sotomayor: Nominated by President Barack Obama in 2009.
Elena Kagan: Nominated by President Barack Obama in 2010.

16. How much do Supreme Court Justices make?
Associate Justices earn $213, 900 per year.
The Chief Justice earns $223, 500 per year.

17. It has the final power of judicial review, the power to decide the constitutionality of an act of government. In 1803 the Supreme Court case Marbury v. Madison established this power.
The Supreme Court has both original and appellate jurisdiction. Most of its cases come on appeal. It hears cases in original jurisdiction when either a State or a diplomat is involved.

18. The Supreme Court decides only about 100 cases a year
The Supreme Court decides only about 100 cases a year. Most reach the Court by writ of certiorari, which is an order to a lower court to send up a case record for review.
The justices explain their decision in writing with a majority opinion, which gives the Court’s official position. Each of these opinions stands as a precedent, or an example for similar cases.
A justice who agrees with the decision may write a concurring opinion to add points to the majority opinion. A justice who disagrees with the ruling may write a dissenting opinion.

19. The Special Courts
Section Four

20. The special courts of the U. S
The special courts of the U.S. federal court system are also called legislative courts. Each has a narrow jurisdiction, usually connected to an expressed power of Congress, such as the power to tax.
The United States cannot be sued by anyone unless Congress agrees to the case. Congress established the Court of Federal Claims to hear such cases and to allow a citizen to secure redress, or satisfaction of the claim, usually through payment.
Congress created territorial courts to judge cases in U.S. territories, such as the Virgin Islands. The District of Columbia, which is neither a State nor a territory, also has its own court system.

21. Two courts hear cases from the military
Two courts hear cases from the military. The Court of Appeals for the Armed Forces is a civilian tribunal, meaning that its judges are civilians. This is the court of last resort for cases involving military law.
It may review the decision of a court-martial, or a court composed of military personnel that puts on trial those accused of violating military law.
The Tax Court hears civil cases that involve tax law. Most of its cases are generated by the Internal Revenue Service and other agencies of the Treasury Department.

23. U.S. Supreme Court Case
Case Name: New York Times v. United States (1971) Background to the case: The New York Times was not allowed to publish classified documents relating to the Vietnam War. The documents suggested the government had deceived the public about the role of the U.S. in Vietnam. The government argued the documents may endanger national security. The newspaper argued this violated the 1st Amendment (freedom of the press). Court’s Decision: The Court ruled 6-3 in favor of the NY Times. Majority Opinion: The majority opinion, written per curiam, stated that the government must prove the actual threat caused by the publication of material. Dissenting Opinion: The dissenting opinion, written by Justice Burger, argued that the Court did not take into consideration the actual threat that may be posed by the publication of this particular information.

24. Dred Scott v. Sandford
Edwards v. S.C.
Miranda v. Arizona
Korematsu v. U.S.
Mapp v. Ohio
Schenck v. United States
Roe v. Wade
United States v. Nixon
Gitlow v. New York
Gideon v. Wainwright