1. The Judiciary

2. I. The Judiciary Act of 1789 A.Created the basic three-tiered structure of the federal court system 1.District courts exist in every state 2.Circuit courts which began serving as appellate courts in 1891 3.The Supreme Court

3. II. The Marshall Court A. Dramatically strengthened the Supreme Court by establishing Judicial Review in Marbury V. Madison

4. III. American Legal Systems A.Because we have a federalist form of government we have a dual court system. 1. One federal system and 50 state systems. B.Courts must have jurisdiction 1. Original or Appellate

5. C. Federal Jurisdiction A. Federal courts may hear cases involving federal laws, treaties or the US constitution B. Diversity of Citizenship- lawsuits between citizens of different states or foreign countries when the money involved exceeds $75,000 dollars

6. D. District Courts A.Every state has at least one B.Jurisdiction 1.The federal government in named as plaintiff or defendant 2.There is a federal question to be decided 3.Civil lawsuit among citizens of different states of more than $50,000.

7. E. Courts of Appeals (Circuit Courts) 1.Only have appellate jurisdiction a. criminal or civil cases from district courts b. appeals from administrative agencies 1.They do not look at the facts, only if the trial was fair and the judge made the proper decision

8. IV. The Supreme Court 1. If Four judges agree to hear a case a writ of certiorari is granted (rule of four)

9. 2. The decision to hear an appeal is based on five criteria: If a court has made a decision that conflicts with precedent If a court comes up with a new question If one court of appeals has made a decision that conflicts with another If there are other inconsistencies between courts of different states If there is a split decision in the court of appeals

10. 3. If the court agrees to hear the case, lawyers form both sides must submit written briefs. 4. Supporters of either side may submit amicus curiae or “friend of the court briefs.”

11. V. Nominations I.Judges are appointed by the president and must be confirmed by the Senate. II.Nominees must first be approved of by the Senate Judiciary committee. III.Most modern nominees have been moderate because presidents don’t want their nominee’s to be rejected or “borked.”

12. VI. Important Chief Justices John Marshall1801-183534 yearsHelped establish court powers Roger Taney1836-186428 yearsFavored State power Earl Warren19353-196916 yearsMajor civil rights changes and cases William Rehnquist 1986-200519 yearsMajor conservative influence