1. Powers of the Federal Courts Introduction –What is the purpose of the Court system? To balance the power of the other two branches. –Who is Chief Justice John Marshall? His decisions broadened the powers of the federal courts Jurisdiction of the courts. –Questions What does jurisdiction mean? Where do state courts get their power? Where do federal courts get their power? –Dual court system State courts have jurisdiction over cases involving state laws.

2. Powers of the Federal Courts –Dual court system Federal courts have jurisdiction over cases involving federal laws. –United States laws –Treaties with foreign nations –Interpretations of the Constitution –Bankruptcy –Admiralty or maritime law. –Ambassadors or representatives of foreign governments –Two or more state governments –The U.S. government or one of its offices or agencies. –Citizens who are residents of different states. –Citizens who are residents of the same state but claim land grants in different states.

3. Powers of the Federal Courts –Concurrent Jurisdiction – Definition - concurrent jurisdiction exists when both federal & state courts have jurisdiction –Example – in a case involving citizens of a different state in a dispute of more than $75000.00 –Original Jurisdiction the court in which the case is originally tried is original jurisdiction –Appellate Jurisdiction The court to which an individual appeals a decision has appellate jurisdiction.

4. Due Process Clause – –Found in the 14 th Amendment. Page 792 –No state may deprive any person of life, liberty, or property without due process of law. It extended the protections under the “Bill of Rights” It protects citizens from unjust punishment by the state or federal government.

5. Developing Supreme Court Power –Precedents – something that serves as a rule or an example to justify a future act. The Supreme Court or no Federal court may initiate action No judge or justice may seek an issue to bring to court. Courts must wait for litigants to engage in a lawful suit. Federal courts only determine cases. Landmark cases –Marbury v. Madison –secured the power of judicial review. –Fletcher v. Peck – establish the principle that a state could not interefere with or impair the value of lawful contract rights. –Dartmouth College v. Woodard – the protection of contracts to corporate charters.

6. Developing Supreme Court Power –Landmark cases pgs. 307-310 Marbury v. Madison –secured the power of judicial review. Fletcher v. Peck – establish the principle that a state could not interfere with or impair the value of lawful contract rights. Dartmouth College v. Woodard – the protection of contracts to corporate charters. McCulloch v. Maryland – states could not hamper the exercise of legitimate national interests. Gibbons v. Ogden – the courts broadened the meaning of interstate commerce thereby extending federal authority.

7. Developing Supreme Court Power –Landmark cases pgs. 307-310 Slaughterhouse Cases – ruled that the 14 th Amendment did not increase rights but protected rights. Plessy v. Ferguson – established the “separate but equal doctrine.” Brown v. Board of education of Topeka, Kansas –the court outlawed segregation in public schools ultimately reversing Plessy v. Ferguson

8. Lower Federal Courts There are two kinds of federal courts. –Established under Article III of the Constitution –Constitutional federal courts. Federal District Courts –Serve as trial courts –They serve state districts –There are 94 districts in the U.S. –They are the trial courts for civil & criminal federal cases. –They use two types of juries in criminal cases. »Grand Jury consisting of 16-23 people hears charges against a person suspected of a crime. »It issues an indictment – a formal accusation, if it believes that there is sufficient evidence to bring a person to trial.

9. –Constitutional federal courts. Federal District Courts –Serve as trial courts –They serve state districts –There are 94 districts in the U.S. –They are the trial courts for civil & criminal federal cases. –They use two types of juries in criminal cases. »Grand Jury consisting of 16-23 people hears charges against a person suspected of a crime. »If the jury believes that there is insufficient evidence the charges are dropped. »It issues an indictment – a formal accusation, if it believes that there is sufficient evidence to bring a person to trial. »A petit jury is established to weight the evidence presented at the trial. It is the trial jury that renders the ultimate verdict. »A petit jury consisting of 6-12 people is the trial jury.

10. Lower Federal Courts There are two kinds of federal courts. –Established under Article III of the Constitution –Constitutional federal courts. Federal District Courts –Serve as trial courts –They serve state districts –There are 94 districts in the U.S. Federal Courts of Appeals –Legislative federal courts –Precedents Landmark cases –Gibbons v. Ogden – The court broaden the meaning of interstate commerce. –Dred Scott v. Sanford –Slaughterhouse cases –Plessy v. Ferguson