1. The Judicial Branch Chapter 11 – The Federal Court System
Unit 7
The Judicial Branch
Chapter 11 – The Federal Court System

2. Powers of the Federal Court System
Jurisdiction of the Courts
Jurisdiction = the authority to hear cases.
Federal and state
Overlapping called concurrent jurisdiction
Federal deals with U.S. laws, treaties, constitutional interpretations, bankruptcy, and maritime law
Also, with individuals or groups in different states.
Trial Courts – court in which trial was originally tried (original jurisdiction)
Appellate jurisdiction – loser of trial court wishes to appeal
If lose, can appeal to Supreme Court

3. Powers of the Federal Court System
Developing Supreme Court Power
From custom, usage, and history
Courts may not initiate action
Litigants – people engaged in a civil lawsuit
Only determine cases
Marbury v. Madison – established judicial review
Due Process – no state may deprive a person life, liberty, or property without due process of law

4. Lower Federal Courts Origin and Structure
Judiciary Act of 1789 – allows Congress to establish lower federal courts
District courts created to serve as trial courts
Today there are 94 Districts – each state has a minimum of 1 District plus 1 each in Puerto Rico and Washington, D.C.
Trial courts for criminal and civil cases
2 types of juries
Grand jury – people hear charges and determine if there is enough evidence to bring the accused to trial
Petit - 6 or 12 people and weigh evidence presented at a trial and render a verdict

5. Selection of Federal Judges
Chosen by President with advice and approval of Senate
Recognition of a lawyer’s high standing
Lifetime term
Party affiliation is important
Senatorial courtesy – president submits the name of his candidate to the Senator from the candidate’s state (trial courts)
Background – experience in law, professors at law schools, members of Congress, attorneys. 1/3 have been state court judges

6. Lower Federal Courts Officers of the Court Federal Courts of Appeal
United States attorney
U.S. magistrate – issues arrest warrants
Bankruptcy judge
United States Marshal – makes arrests, secure jurors
Deputy clerks
Bailiffs
Stenographer
14 US courts of appeals
12 judicial circuits (regions) and 1 with national jurisdiction, 1 military
Panel of three judges on appeals

7. The Federal Court System
Legislative Courts
Court of International Trade
Court of Federal Claims
Deals with tariffs (tax on trade)
Based in New York City
Also in New Orleans and San Francisco
Citizens who think tariffs are too high is the most common type of case
Handles claims against US for money damages
Unpaid bills
US Tax Court
Hears cases related to federal taxes
Disagreements over IRS rulings

8. Legislative Courts Courts of District of Columbia
Court of Appeals for the Armed Services
Courts of District of Columbia
Hears cases of members of armed services convicted of breaking laws
Court system within the nation’s capital
Court of Veterans’ Appeals
Deals with unsettled claims from Department of Veterans’ Affairs
Territorial Courts
Court systems in Virgin Islands, Guam, Northern Mariana Islands, and Puerto Rico
Foreign Intelligence Surveillance Court
Authorized to secretly wiretap or perform searches of people suspected of terrorism or clandestine activities

9. Supreme Court Justices appointment
Currently nine members, since 1869; prior to that the # varied from 5-10
Congress sets salaries, which may not be diminished during lifetime; Chief Justice of the United States has higher salary than Associate judges
May be impeached by the House; one has been impeached, never removed
Law degree not required, but is pro forma (matter of form)
Lifetime appointment
Senate approval- majority vote
Influences:
Other justices
Attorney general and Justice Department
Legal community
Leading members of Congress
ABA (American Bar Association)
Interest groups

10. Supreme Court Original (only a small number of cases) Appellate
jurisdiction
Original (only a small number of cases)
Appellate
From Courts of Appeals
From other federal District courts regarding Constitutional issues
From highest court of a state regarding Constitutional issues, not issues of state law

11. The Nine
The Roberts Court-2013 Front row: Associate Justices Clarence Thomas, Antonin G. Scalia, Chief Justice John Roberts, Associate Justice Stephen G. Breyer, Ruth Bader-Ginsberg back row: Associate justices Sonia Sotomayor, Anthony M. Kennedy, Samuel A. Alito, Elena Kagan