2. The National Judiciary 18.1 Laws are a dead letter without courts to expound and define their true meaning and operation

3. Creation of the National Judiciary Dual Court System Dual Court System National Judiciary System (over 120 courts) National Judiciary System (over 120 courts) 50 State Court Systems (over 1,000 courts) 50 State Court Systems (over 1,000 courts) Two Kinds of Federal Courts Two Kinds of Federal Courts 1. Constitutional Courts—broad judicial power Supreme Court, Court of Appeals, District Courts, and Court of International trade Supreme Court, Court of Appeals, District Courts, and Court of International trade 2. Special Courts—narrow judicial power Court of Appeals for Armed Forces, Court of Appeals for Veteran, Court of Federal Claims, Tax Court, Territorial Courts, and Courts for D.C. Court of Appeals for Armed Forces, Court of Appeals for Veteran, Court of Federal Claims, Tax Court, Territorial Courts, and Courts for D.C.

4. Federal Court Jurisdiction Jurisdiction—the authority of a court to hear a case Jurisdiction—the authority of a court to hear a case Jurisdiction is granted to certain courts because Jurisdiction is granted to certain courts because 1. The subject matter 2. Parties involved All cases that are not heard by the federal courts are heard by the state courts (federalism) All cases that are not heard by the federal courts are heard by the state courts (federalism)

5. Types of Jurisdiction Exclusive and Concurrent Jurisdiction Exclusive and Concurrent Jurisdiction Exclusive—cases only heard by a federal court Exclusive—cases only heard by a federal court Concurrent—cases that may be tried in either a federal or state court Concurrent—cases that may be tried in either a federal or state court Original and Appellate Jurisdiction Original and Appellate Jurisdiction Original—the court in which the case is first heard Original—the court in which the case is first heard Appellate—a court that hears a case on appeal from a lower court Appellate—a court that hears a case on appeal from a lower court

6. Appointment of Judges President nominates President nominates Senate confirms Senate confirms Senatorial courtesy Senatorial courtesy Usually drawn from leading attorneys, legal scholars and law professors, former members of Congress, and State court judges Usually drawn from leading attorneys, legal scholars and law professors, former members of Congress, and State court judges Presidents usually nominate judges from their own party Presidents usually nominate judges from their own party Judicial activist—believe a judge should use his or her power to promote desirable social issues Judicial activist—believe a judge should use his or her power to promote desirable social issues Judicial restraint—judges should defer to executive and legislative branches Judicial restraint—judges should defer to executive and legislative branches

7. Terms of Judges Federal judges are appointed for life (Constitutional Courts only!) Federal judges are appointed for life (Constitutional Courts only!) Resign, retire, or die in office Resign, retire, or die in office Lifetime tenure ensures the independence of the Judicial Branch Lifetime tenure ensures the independence of the Judicial Branch May be removed through the impeachment process May be removed through the impeachment process Terms for judges in special courts vary Terms for judges in special courts vary

8. Inferior Courts 18.2 Inferior Courts handle most of the cases tried in the federal courts

9. District Courts Also called federal trial courts Also called federal trial courts District Courts: District Courts: 642 Judges, 94 Courts, 300,000 cases a year, and handle about 80% of the caseload 642 Judges, 94 Courts, 300,000 cases a year, and handle about 80% of the caseload 50 states are divided into 89 federal judicial districts 50 states are divided into 89 federal judicial districts District Courts hear both criminal and civil cases District Courts hear both criminal and civil cases Criminal—defendant allegedly has committed a federal crime Criminal—defendant allegedly has committed a federal crime Civil—involves some non-criminal manner Civil—involves some non-criminal manner

10. Court of Appeals Established to relieve the Supreme Court of much of the burden of hearing appeals from district courts Established to relieve the Supreme Court of much of the burden of hearing appeals from district courts Docket—the list of cases to be heard Docket—the list of cases to be heard 12 courts of appeals or 12 judicial circuits 12 courts of appeals or 12 judicial circuits 179 judges 179 judges Each district is assigned a Supreme Court Justice Each district is assigned a Supreme Court Justice Usually panels of 3 judges to hear cases Usually panels of 3 judges to hear cases Occasionally, en banc—all of the judges for a district participate in a case Occasionally, en banc—all of the judges for a district participate in a case

11. Other Constitutional Courts Court of International Trade Court of International Trade 9 judges 9 judges Hears civil case arising out of tariff and other trade related laws. Hears civil case arising out of tariff and other trade related laws. Panel of 3 judges for cases Panel of 3 judges for cases Appeals go to Court of Appeals for the Federal Circuit Appeals go to Court of Appeals for the Federal Circuit Court of Appeals for the Federal Circuit Court of Appeals for the Federal Circuit Hears cases from all across the country (nationwide jurisdiction) Hears cases from all across the country (nationwide jurisdiction) Only hears appeals from: Only hears appeals from: 1. Court of International Trade 2. US Court of Federal Claims 3. US Court of appeals for Veteran Claims

12. The Supreme Court 18.3 The lofty goal of the nation is equal justice for all. The Supreme court was created by the Constitution and is the final authority in any case involving any question arising under the Constitution, an act of Congress, or a treaty of the United states.

13. Judicial Review Marbury v. Madison (1803)— Supreme Court has the right to declare acts of Congress unconstitutional (sets precedent) Marbury v. Madison (1803)— Supreme Court has the right to declare acts of Congress unconstitutional (sets precedent) Supreme Court goes on to use judicial review in thousands of cases after Marbury v. Madison Supreme Court goes on to use judicial review in thousands of cases after Marbury v. Madison However, most of their rulings are in cases involving federal statues instead of the Constitution However, most of their rulings are in cases involving federal statues instead of the Constitution

14. Supreme Jurisdiction The Supreme Court has both original and appellate jurisdiction The Supreme Court has both original and appellate jurisdiction Supreme Court has original and exclusive over: Supreme Court has original and exclusive over: 1. All controversies involving two or more States 2. All cases brought against ambassadors or other public ministers Supreme Court may choose to take original jurisdiction over any case Supreme Court may choose to take original jurisdiction over any case

15. How Cases Reach the Court Rule of Four—at least four justices must agree to hear the case Rule of Four—at least four justices must agree to hear the case Writ of certiorari (to be more certain)— Supreme Court directs a lower court to send up a case for review Writ of certiorari (to be more certain)— Supreme Court directs a lower court to send up a case for review Certificate—when the lower court is unclear about procedure or how a law should apply Certificate—when the lower court is unclear about procedure or how a law should apply

16. Opinions Majority opinion—written opinion of the Court’s decision and its reasoning Majority opinion—written opinion of the Court’s decision and its reasoning Precedents—the majority opinion serves as an example to be followed in similar cases Precedents—the majority opinion serves as an example to be followed in similar cases Concurring opinion—written opinion that further agrees with the majority opinion Concurring opinion—written opinion that further agrees with the majority opinion Dissenting opinion—written opinion of disagreement with the majority opinion Dissenting opinion—written opinion of disagreement with the majority opinion

17. Special Courts 18.4 Special Courts hear cases involving the expressed powers of Congress

18. Court of Federal Claims: Court of Federal Claims: Cases brought against the US Federal Government Cases brought against the US Federal Government Cases can only be heard with consent of Congress Cases can only be heard with consent of Congress Redress (payment) can only be secured through an act of Congress Redress (payment) can only be secured through an act of Congress Territorial Courts: Territorial Courts: Courts in US territories—Virgin Islands, Guam, and Northern Marianas (function like state courts) Courts in US territories—Virgin Islands, Guam, and Northern Marianas (function like state courts) District of Columbia Courts: District of Columbia Courts: District Court and Court of Appeals (Federal) District Court and Court of Appeals (Federal) Superior Court and Court of Appeals (local courts) Superior Court and Court of Appeals (local courts)

19. Court of Appeals for the Armed Forces: Court of Appeals for the Armed Forces: Address the specific disciplinary needs for military personnel Address the specific disciplinary needs for military personnel Officers of the court are military personnel Officers of the court are military personnel Military Tribunals: Military Tribunals: Composed of military personnel, these courts will try terrorist committing terror acts against the US Composed of military personnel, these courts will try terrorist committing terror acts against the US Court of Appeals for Veterans Claims: Court of Appeals for Veterans Claims: Hears cases in which individuals claim that the VA has denied or otherwise mishandled claims for veteran’s benefits Hears cases in which individuals claim that the VA has denied or otherwise mishandled claims for veteran’s benefits US Tax Court: US Tax Court: Hears civil cases involving disputes over application of tax laws Hears civil cases involving disputes over application of tax laws