1. Structure and Function of Federal Courts Unit 6 – The Judicial Branch

2. Source of power All information regarding the structure and function of the Supreme Court is found in Article III of the Constitution. All information regarding the structure and function of the Supreme Court is found in Article III of the Constitution. All policies regarding the inferior courts (district and appellate) is found in the Judiciary Act of 1789. All policies regarding the inferior courts (district and appellate) is found in the Judiciary Act of 1789.

3. Structure SupremeAppellateDistrict

4. District Court Created by Congress with the Judiciary Act of 1789 Created by Congress with the Judiciary Act of 1789 94 Courts that serve 94 different districts – our is in Tyler 94 Courts that serve 94 different districts – our is in Tyler Judges are appointed for life by the President, confirmed by the Senate, can be impeached Judges are appointed for life by the President, confirmed by the Senate, can be impeached Has a single judge and/or a jury of your peers, bailiff, and a clerk Has a single judge and/or a jury of your peers, bailiff, and a clerk Only place evidence is introduced Only place evidence is introduced

5. District courts Plaintiff – person bringing the case Plaintiff – person bringing the case Defendant – person being accused of wrong doing Defendant – person being accused of wrong doing District Attorney – elected official responsible for representing the people in a case against a defendant District Attorney – elected official responsible for representing the people in a case against a defendant Civil Court – someone/something was damaged but a law was not necessarily broken Civil Court – someone/something was damaged but a law was not necessarily broken Criminal Court – someone/something has broken a law Criminal Court – someone/something has broken a law

7. Special courts Courts that hear cases involving expressed powers of Congress. 1. Territorial Courts 2. District of Columbia Courts 3. United States Tax Court Courts that hear cases involving expressed powers of Congress. 1. Territorial Courts 2. District of Columbia Courts 3. United States Tax Court

8. Court of Appeals (AKA Appellate court) Created by Congress with the Judiciary Act of 1789 Created by Congress with the Judiciary Act of 1789 12 Courts of Appeals that serve 12 different circuits – ours is the 5 th circuit in New Orleans 12 Courts of Appeals that serve 12 different circuits – ours is the 5 th circuit in New Orleans Judges serve for Life, appointed by the President, confirmed by the Senate, can be impeached Judges serve for Life, appointed by the President, confirmed by the Senate, can be impeached Uses a panel of judges (usually three) Uses a panel of judges (usually three) Only judges and attorneys are present Only judges and attorneys are present

11. United States Supreme Court (SCOTUS) Term – For Life Term – For Life Number – 9 (1 Chief & 8 Associate) Number – 9 (1 Chief & 8 Associate) Appointed – by President, confirmed by Senate Appointed – by President, confirmed by Senate Salary – Associates $213,900 Salary – Associates $213,900 (Chief $223,500) (Chief $223,500) Qualifications – None Qualifications – None Are referred to as Justices Are referred to as Justices

13. Associate Justice Antonin Scalia 76 years old Harvard Law Conservative Ronald Reagan 1986

14. Associate Justice Anthony Kennedy 76 years old Harvard Law Swing Ronald Reagan 1988

15. Associate Justice Clarence Thomas 64 years old Yale Law Conservative George HW Bush 1991

16. Associate Justice Ruth Bader Ginsburg 79 years old Harvard Law Liberal Bill Clinton 1993

17. Associate Justice Stephen Breyer 74 years old Harvard Law Liberal Bill Clinton 1994

18. Associate Justice Samuel Alito 62 years old Yale Law School Conservative George W. Bush 2006

19. Associate Justice Sonia Sotomayor 58 years old Yale Law LiberalObama First Latina 2009

20. Justice Elena Kagan 52 years old Harvard Law LiberalObama2010

21. Which way does the court lean? Conservatives: Liberals: Swingers:

22. Retired Justice Sandra Day O’Connor 82 years old Ronald Reagan 1 st woman to serve on the Supreme Court

23. Retired Justice Thurgood Marshall 1967 - 1991 Lyndon Johnson 1 st African American to serve on SCOTUS Attorney who argued and won Brown vs. Board

24. Judicial review Marbury v Madison (1803) Marbury v Madison (1803) The Supreme Court has the authority to review and overturn actions of the other two branches The Supreme Court has the authority to review and overturn actions of the other two branches ie. US vs. Lopez – Gun Free Schools Zone Act ie. US vs. Lopez – Gun Free Schools Zone Act ie. US vs. Nixon – Executive Privilege ie. US vs. Nixon – Executive Privilege

25. http://www.oyez.org/media/oyezoyezoyez

26. Function

27. Function of district courts Hear cases involving: Hear cases involving: Civil actions arising under the Constitution, laws, and treaties of the United States; [ Certain civil actions between citizens of different states; Civil actions within the admiralty or maritime jurisdiction of the United States; Civil actions arising under the Constitution, laws, and treaties of the United States; [ Certain civil actions between citizens of different states; Civil actions within the admiralty or maritime jurisdiction of the United States; Criminal prosecutions brought by the United States Criminal prosecutions brought by the United States Court cares about are you guilty or innocent Court cares about are you guilty or innocent What you would see on tv…Judge Judy, Law and Order What you would see on tv…Judge Judy, Law and Order

28. Function of appellate courts Hear cases on appeal from district courts Hear cases on appeal from district courts This is where you would challenge your conviction. This is where you would challenge your conviction. Courts cares about whether your rights were violated, due process was granted or was there a procedural error Courts cares about whether your rights were violated, due process was granted or was there a procedural error

29. Function of Supreme Court Hears cases involving : Hears cases involving : 1. Ambassadors and Consuls 2. A state being sued by another state 3. All cases on appeal (Appeals) Only cares about the constitutionality of the law (Appeals) Only cares about the constitutionality of the law

30. Types of jurisdiction Original – right to hear the case first Original – right to hear the case first Appellate – right to hear the case on appeal after being heard by a lower court Appellate – right to hear the case on appeal after being heard by a lower court Exclusive – only court to hear the case Exclusive – only court to hear the case Concurrent – two or more courts have the right to hear the case Concurrent – two or more courts have the right to hear the case

31. Examples of jurisdiction District – have original jurisdiction over civil and criminal cases under federal law District – have original jurisdiction over civil and criminal cases under federal law Appellate – have appellate jurisdiction of case heard first by district or special courts Appellate – have appellate jurisdiction of case heard first by district or special courts Supreme – have original jurisdiction over cases involving ambassadors or cases involving two states; have appellate jurisdiction of cases from Appellate courts, Supreme – have original jurisdiction over cases involving ambassadors or cases involving two states; have appellate jurisdiction of cases from Appellate courts,