1. Journal
Looking at the picture below predict how the American Court system works. (use your vocabulary words to help explain your prediction)

2. Judicial Branch

3. Some background information
Laws and Jurisdiction

4. Origin of law Case law: Court decisions that inform judicial ruling
Constitution: outline the structure of the American government (or state)
Statutes: laws made by the national or state government
Case law
Collection of past rulings, interpretations and decisions on cases that other judges can use as reference
Precedent: a court ruling from the pass similar to the current case
When judges make decisions that look to similar cases for precedent.
Example of overturning precedent
Brown v. Board of Education overturned the precedent of Plessey v. Ferguson of separate but equal
Statutes
Laws passed by Congress and State legislatures.

5. Jurisdiction
The authority to hear certain cases is called jurisdiction of the court.
Concurrent jurisdiction is when both federal and state courts have jurisdiction.
Appellate Jurisdiction: The power to review cases already decided in lower court
Limited Jurisdiction: The power to hear only certain kinds of cases (tax cases)

6. Types of Courts Federal (Supreme Court & inferior federal courts)
established by Congress.
States
Each state has it’s own courts system whose power comes from state constitution and laws.

7. Federal Courts

8. The Federal Courts
Three layers of authority in the federal court system:
The Supreme Court
Thirteen Courts of Appeals and the Court of Appeals for the Federal Circuit.
U.S. District Courts and Specialized Federal Courts

9. District Courts 94 courts Lowest level of the federal judicial system
Federal Court System
District Courts
94 courts
Lowest level of the federal judicial system
Trial courts for both criminal/civil federal cases
District Courts has original jurisdiction to hear cases involving
Constitutional law
Cases Involving citizens of different states
Civil cases
Hear most federal cases
Each district court hears cases within a particular district.
There are 94 districts.
Every state has at least one district court
Have original jurisdiction
Must follow Supreme Court president as much as possible

10. District Courts

11. Federal Court System
Appeals
If a person who loses a case in a trial court wishes to appeal a decision, they may take the case to a court with appellate jurisdiction.
Meaning a party may appeal a case from a district court to a court of appeals

12. Court of Appeals 13 US Courts of Appeals
Each covers a circuit-a geographic area containing several district courts
The Appeals court reviews the details of the case. DOES NOT HOLD TRIALS!
If an mistake was found the case will be send back to the district court for a new trial
Cases only get reviewed for a good reason, such if the ruling discarded precedent

13. Court of Appeals
District Courts

14. Appeals
Those who are unhappy with the verdict from the court of appeals, may appeal to the Supreme Court

15. Supreme Court Is the highest court in the land
Federal Court System
Supreme Court
Is the highest court in the land
Receives thousands of appeals every year but only hears a small percentage of them

16. Supreme Court
Court of Appeals
District Courts

17. Worksheet
Using your notes from today ,last class and the reading complete the worksheets in the rest of your packet

18. Answer the question on the paper provided
Pop Quiz

19. Question 1
When someone is accused of a crime, the type of case is…..

20. Question 2 If you appeal a case, you are going to……… Appellate court
Trial Court
A bench trial
State court

21. Question 3 The court that gets to decide what is constitutional……
Court of Appeals
District Courts
Inferior courts
Supreme Court

22. Question 4
If the appellate court thinks a decision was wrong it will….
Affirm the decision
Reverse the decision
Do nothing

23. Question 5
If a groups of people gives the verdict after a trial, that trial was a
Appeal trial
Bench trial
Jury trial
Evidence

24. Question 6
If an appellate court sends a case back to the trial court, it has
Affirmed the case
Not reviewed the case
Remanded the case

25. Question 7 The decision in a case is called the Evidence Jurisdiction
Verdict

26. Question 8
If you break a law of the United States, your case will probably be in
Federal court
State court

27. Question 9 At trial, lawyers try to prove their case using An appeal
Verdict
Affirm
Evidence

28. Question 10 State courts were created by The US Constitution
State constitutions

29. Journal
You have been elected the new Mayor of Sterling. Before leaving office, the old mayor gave jobs to several of his political friends but the paperwork hasn’t made it to the personnel office yet.
Should you 1) honor the jobs promised by the old mayor, or 2) cancel the jobs since they aren’t “Officially” in the system yet?
What are the possible negatives to denying these people their jobs? What are the possible positives to allowing them to take these jobs?
Would it make a difference if the perspective employees had worked against you in the mayoral elections?

30. Agenda
Journal
Lecture
Activity-Marbury v. Madison

31. Objectives

33. Federal Court Jurisdiction
Federal Courts System
Federal Court Jurisdiction
The Constitution gave federal courts jurisdiction in cases that involve United States laws, treaties with foreign nations.

34. Federal Courts Jurisdiction Cont.
Federal Courts System
Federal Courts Jurisdiction Cont.
Ambassadors and other representatives of foreign governments
Two or more states government
United States government or one of it offices or agencies
Citizens who are resident of different states
Citizens who are residents of the same state but claim land under grants of different states

35. Federal Courts System
Supreme Court
Court of Appeals
District Courts

36. Special Federal Courts
Congress has created a series of courts referred to as legislative Courts.
Legislative courts help Congress exercise its power.
U.S. Court of federal Claims
U.S. Court of Appeals for the Armed Forces
U.S. Tax Court
Territorial Courts
US Court of Military Appeals
Foreign Intelligence Surveillance Court
Federal Claims Court
A person who believes that the government has not pad a bill for goods or service may sue in this court
Appeals for the Armed Forces
Armed forces highest appeals court.
“GI” supreme court
The Supreme court however has jurisdiction to review this court’s decision
U.S. Tax Court
Cases usually involve citizens who disagree with the IRS or other treasury department agencies ruling about federal taxes
Based in DC. Federal court of appeals handles cases appealed from the tax court
Territorial Courts
Congress created courts in the Virgin Islands, Guam, the northern Mariana Islands and Puerto Rico. The appellate court for this system are the United states court of appeals
Court of the district of Columbia
Because DC is a federal district Congress developed a judicial system for the nation’s capital
With federal district court and a court of appeals, various local courts handle cases in DC
Court of Veteran’s Appeals
He cabinet- level department was created to deal with veterans problems. This court handles cases arising from unsettled claims
Foreign Intelligence Surveillance Court
The court was authorized to secretly wire tap people suspected of sping against the United States
FISA search warrants do not have to be made public and can be issued without probable cause- which is not the case with most criminal cases

37. Supreme Court
Court of Appeals
District Courts

38. Special Federal Courts
Federal Courts System
Special Federal Courts
U.S. of Federal Claims Court
U.S. Court of International Trade
U.S. Tax Court
U.S. Court of Appeals for the Armed Forces

39. The Court of Appeals for the Federal Circuit
Federal Courts System
The Court of Appeals for the Federal Circuit
Court of appeals for the federal circuit
National jurisdiction over certain cases, such as those in which the U.S. government is a defendant

40. Selection and Qualification
Federal Judges

41. Qualifications No specific requirements in the constitution
Federal Courts System
Qualifications
No specific requirements in the constitution
Most have prior experience ( lower or state courts)

42. Selection of Federal Judges
Federal Courts System
Selection of Federal Judges
All federal judges are appointed by the president and approved by the senate.
Senatorial courtesy -allows senators from the president party to have a say in the appointment of judges in their state
Hold position for life (must be in good standing)
Senatorial courtesy started in the 1840’s
Once on the bench a federal judge keeps the position for a term of “good behavior”
Alexander Hamilton argued in the Federalist papers No 78 (1787), keeping judges in office for life gives them independence they need to serve as a proper check on the executive and legislative branches

44. Case Study
Marbury V. Madison

45. Adams appoints new judges…
John Adams signs appointments on his last night in office.
Thomas Jefferson is to take over as President.

46. Vocabulary
“midnight judges”- what these new judges were referred to as.
William Marbury was one of these “midnight judges.”

47. When does Madison come into play?
James Madison, TJs new Secretary of State, was supposed to officially present Marbury with his new position…
But he didn’t!
So… Marbury sued and appealed to the Supreme Court to get Madison to award him the position…

48. The Verdict. Supreme Court refuses to grant Marbury his position!!
Why?
A section of the Judiciary Act of 1789 (which set up the federal court system in the first place) was unconstitutional and void.

49. Lasting Impact…
This is the first time the Supreme Court overturns an act of Congress.
Checks & balances in action!
Judicial Review- Supreme Court’s ability to declare a law or act unconstitutional

50. Virginia Court Structure