1. Judicial Branch
Chapter 8

2. The Federal Court System
Chapter 8
Section 1

3. What is the Judicial Branch?
Federal Courts & the Supreme Court
Works alongside the state’s court systems
Only hears certain types of cases (all others go through state courts)

4. Purpose of Courts
Use the law to settle civil disputes (disagreements) and decide on guilt or innocence of people accused of crimes
“Equal justice for all”: main purpose of the legal system is to treat every person the same

5. Federal Court System Created in Article III of Constitution
Made up of three parts:
Supreme Court
Appeals Courts
District Courts
Most cases are heard in the state courts

6. Jurisdiction Court’s authority to hear and decide a case
The Federal Court System has jurisdiction to hear 8 kinds of cases.

7. Cases heard in Federal Courts
Cases involving the Constitution
Violations of federal law
Controversies between states
Disputes between parties from different states
Suits involving the federal government
Cases involving foreign governments & treaties
Cases based on admiralty & maritime laws
Cases involving US Diplomats

8. Working with the State Courts
In most of these areas, federal courts have exclusive jurisdiction
Exclusive Jurisdiction: only these courts may hear & decide certain cases
In some cases, the state and federal courts have concurrent jurisdiction
Concurrent Jurisdiction: both states and federal courts may hear & decide cases

9. Concurrent Jurisdiction
Examples of cases with Concurrent Jurisdiction:
Cases that violate both state and federal laws
Cases involving citizens from different states

10. How Federal Courts are Organized
Chapter 8
Section 2

12. U.S. District Courts District Courts
All federal trials begin in the district courts because they have original jurisdiction
original jurisdiction: authority to hear a case the first time
Each state has at least one district court
District courts are the only federal courts in which witnesses testify & juries hear & decide cases

13. U.S. Court of Appeals (also called Federal Appeals Court, Circuit Court of Appeals & Appellate Court)
Appeals Court
If a person loses his/her case in the District Court, he/she can have the case reviewed by the Appeals Court because it has appellate jurisdiction
Appellate Jurisdiction: court’s authority to hear a case appealed from a lower court
There are 13 US courts of appeals called circuits
The 13th appeals court has nationwide jurisdiction, meaning it can hear special cases

14. 12th Circuit
13th Federal Circuit

15. Types of Decisions in Appeals Courts
Appeals Courts trials have only a judge, no juries
They may make one of three possible decisions:
Uphold original decision
Reverse the original decision
Remand (send back) to lower court to be retried

16. Announcing the Decision
When the court decides, one judge writes the court opinion, or decision
This sets a precedent for other courts in the future to look at if a similar situation happens

17. Federal Judges 550+ federal judges
President appoints judges & Senate must approve
Senatorial Courtesy: president submits name to senators from candidate’s state to make sure they approve
Judges are appointed for life
Only removed through impeachment

18. Other Court Officers Magistrate Judges: handle routine work
Example: search & arrest warrants
U.S. Attorneys: government lawyers
Represent US government in civil cases
Appointed to 4-year terms by Pres. (approval by Senate)
Report to U.S. Attorney General (Head of Justice Department)
U.S. Marshal
Make arrests, collect fines, protect jurors, serve papers (such as subpoenas: order requiring someone to appear in court), etc.
Appointed by Pres. (approval of Senate)

19. The United States Supreme Court
Chapter 8
Section 3

20. Supreme Court Jurisdiction
SC has original jurisdiction in only 2 cases
Cases involving diplomats from foreign countries
Cases involving states
All other cases begin in the District Courts.

21. SC Justices 9 Justices (one is the “Chief Justice”)
Choose cases to hear from many thousands each year
Appointed by Pres & Confirmed by Senate
All former lawyers

22. SC Justices John Roberts (Chief Justice)
Elena Kagan (confirmed in May 2010)
Stephen Breyer
Antonin Scalia
Clarence Thomas
Anthony Kennedy
Ruth Bader Ginsburg
Samuel Alito
Sonia Sotomayor (confirmed in May 09)

23. Milestones in Justice History
First African American Justice: Thurgood Marshall (1967)
First Female Justice: Sandra Day O’Connor (1981)
First Hispanic Justice: Sonia Sotomayor (2009)

26. Powers of the SC
Judicial Review: decide whether any federal, state or local law or government action is constitutional, or allowed by the Constitution
SC gained this power after Marbury v. Madison
Main job of courts is to interpret laws, or decide what laws actually mean

27. Marbury v. Madison Established power of judicial review
Also, established that Constitution is supreme law of the land
In a conflict between Constitution and other law, Constitution rules (“Supremacy Clause”)
Judicial Branch can nullify, or cancel, laws that conflict with Constitution. They will declare the law unconstitutional.

28. Checks & Balances
Judicial Branch can check and be checked by the other two branches of government
Examples: President appoints justices, SC can nullify law, etc.

29. Turn to Page 205
How does the number of cases heard compare to the number of cases that are decided by the Supreme Court?

30. Deciding Cases at the Supreme Court
Chapter 8
Section 4

31. How Cases Reach the Court
Supreme Court conducts business from October-June/July
Each month they spend:
2 weeks listening to oral arguments
2 weeks writing opinions/studying other cases
200 cases heard each year (out of 7,000 submitted)

32. Steps in Decision Making
Written Argument: Each lawyer writes a brief
Oral Argument: Each lawyer presents his side for 30 min.
Conference: Judges meet to decide case.
Majority opinion: explains the court’s final decision or ruling
Dissenting opinion: written by justice/justices who disagree with majority opinion & explains their opinion on the case
Concurring opinion: agree with majority
Announcement of decision

33. Influences on the Judge
The law should be the most important influence in a judge’s decision!
Stare Decisis: “let the decision stand” means decisions in previous cases should be used as precedent for future cases. The laws should be interpreted the same way by judges.
Judges should rely on precedent, but they must also change with the times.
Ex. Segregation was acceptable to society in the 1950s, but not in the 1960s.

34. Criminal v. Civil Cases
Criminal: person/people commit crime & are prosecuted by the government
Prosecution: government proving a crime was committed
Defendant: person accused of crime who is being prosecuted
Civil: one party suing another party
Plaintiff: party that is suing
Defendant: party being sued
**There are both criminal and civil cases in both the state and federal court systems.