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

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

2 Powers of the Federal Court System 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 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 – 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 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 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 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. 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 – 16-23 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 Trial courts for criminal and civil cases 2 types of juries – Grand jury – 16-23 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

6 Lower Federal Courts Officers of the Court United States attorney U.S. magistrate – issues arrest warrants Bankruptcy judge United States Marshal – makes arrests, secure jurors Deputy clerks Bailiffs Stenographer United States attorney U.S. magistrate – issues arrest warrants Bankruptcy judge United States Marshal – makes arrests, secure jurors Deputy clerks Bailiffs Stenographer Federal Courts of Appeal 14 US courts of appeals 12 judicial circuits (regions) and 1 with national jurisdiction, 1 military Panel of three judges on appeals 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 Court of International Trade 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 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 Court of Federal Claims Handles claims against US for money damages Unpaid bills Handles claims against US for money damages Unpaid bills Legislative Courts US Tax Court Hears cases related to federal taxes Disagreements over IRS rulings Hears cases related to federal taxes Disagreements over IRS rulings

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

9 Supreme Court – 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) – 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 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 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 Supreme Court jurisdiction

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


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