1. Chapter 18 The Federal Court System

2. National Judiciary The Judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish Article III, Sec I. 2

3. Court Systems There are two separate court systems in the United States: 1) National Judiciary Courts – Over 100 courts exist. 2) State Court systems – Each state has its own court system Most cases are heard in state courts.. 3

4. Creators The Constitution creates the Supreme Court- Article III,Section I It is Congress that creates the inferior courts Inferior courts are any lower courts beneath the Supreme Court.. 4

5. Federal Courts There are two types of Federal Courts: 1) Constitutional Courts: Supreme Court. Court of Appeals. District Court. U.S. Court of International trade. Constitutional Courts have jurisdiction over most federal cases.. 5

6. Federal Courts Cont. 2) Special Courts – Also known as Legislative Courts. U.S. Court of Appeals for the Armed Forces. U.S. Court of Appeals for Veteran Claims. U.S. Tax Court.. 6

7. Jurisdiction Jurisdiction is the authority of a court to hear a case. There are 4 types of Jurisdiction: 1. Original Jurisdiction – The court in which a case is first heard. 2. Appellate Jurisdiction – The court that hears a case on appeal from a lower court.. 7

8. Jurisdiction Cont. 3. Exclusive Jurisdiction – Cases which can only be heard in a Federal court 4. Concurrent Jurisdiction – Cases which can be tried in either a Federal or State court.. 8

9. Judicial Philosophy The Constitution declares that the President nominates judges for the Supreme Court, but that the Senate must approve or give their consent. Each President has his own Judicial philosophy – A way of looking at the Constitution. There are two types of Judicial philosophies:. 9

10. Judicial Philosophies 1) Judicial Restraint – Those who practice judicial restraint limit their thinking to what was the original intent of the Constitution, and rely on precedent. Precedent = Decisions are made in line with previous decisions from similar cases. 10

11. Philosophies Cont. 2) Judicial Activism – Those who practice judicial activism believe that the law should be interpreted in light of current social conditions and values. Ex: Obama Health Care Law 11

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13. Inferior Courts There are 94 Federal District Courts, or Federal Trial Courts, in the U.S. They hear both criminal and civil cases. Criminal Case – Where a defendant is accused of committing an act that Congress has declared by law to be a federal crime. Civil Case – A case involving a noncriminal matter such as contract disputes or copyright Infringement.. 13

14. Judicial Process A legal order from a Court forcing someone to appear in Court is called a Subpoena. Most court cases end with plea bargains – Plea bargain = A deal reached through bargaining. Most decisions in District Courts are final. Some cases are appealed to the Court of Appeals or directly to the Supreme Court.. 14

15. Court of Appeals Court of Appeals – Relieves the Supreme Court of hearing all appeals. There are twelve Courts of Appeals in the United States. Their decisions are final unless the Supreme Court chooses to hear an appeal.. 15

16. Supreme Court The Supreme Court has the power to decide the Constitutionality of an act of government. The Supreme Court has the final authority on the meaning of the Constitution. Marbury v. Madison. 16

17. Marbury v. Madison In 1803 the case arose in the aftermath of the stormy Presidential election of 1800. Key Figures – Thomas Jefferson, James Madison, William Marbury. Judicial Review = The power of a court to determine the Constitutionality of a governmental action.. 17

18. Supreme Court Cases Very few cases are actually heard by the Supreme Court and then only if they are according to the “Rule of Four.” Rule of Four – Four of the nine judges must agree that the case should be reviewed.. 18

19. Writ of Certiorari Most cases reach the Court by “Writ of Certiorari.” Writ of Certiorari = An order by the Supreme Court directing a lower court to send up the records in a given case for review. This happens when a case raises an important Constitutional question or a serious problem with the interpretation of a statute or law. 19

20. Supreme Court Process 1) Briefs – Written documents are filed with the Supreme Court before any oral arguments. These briefs contain the detailed statements supporting each side in the case that were presented in the lower courts.. 20

21. Process Cont. 2) Oral arguments – Lawyers are allowed to present their side of the case. Arguments are limited to only 30 minutes. 3) Judicial Conference – In secret the justices consider the arguments heard in the case. The Chief Justice presides over the conference and is the first to speak on the case.. 21

22. Process Cont. 4) Decision – Only about 1/3 of all cases are decided by a majority decision. Once a decision is made, the Court must write their opinions about their decision Majority Opinion – The Court’s final decision regarding the case stating the reasoning behind the majority decision. 22

23. Opinions Concurring Opinion – One of the Justices who voted in the majority writes their opinion by adding a point not made in the majority opinion. Dissenting Opinion – Written by a Justice who did not agree with the majority decision and states their reasoning for disagreeing. A Supreme Court decision can only be overturned by a Constitutional Amendment.. 23