Judicial Branch

1.Outlined in Article 3 of the Constitution. a.Created a Supreme Court which handles cases dealing with the Constitution and Federal law. b.Charged Congress with the task of creating inferior courts. 1)Judicial Act of 1789 – Congress established district courts and appeals courts. 2.Function of the Judicial Branch is to interpret laws. 3.All judges and justices are appointed by the president and confirmed (approved) by the Senate

4. Federal Court System a.The Supreme Court 1)9 Justices: 1 Chief Justice and 8 Associate Justices who serve for life 2)Has appellate and limited original jurisdiction (no juries) 3)All decisions relating to the law and the Constitution are final. 4)Has power of judicial review. 1

The Supreme Court The door to the Supreme Court building. Each square represents different law/law codes in the History of the World, including the Magna Carta.

4. Federal Court System b.US Court of Appeals 1)Has 6 to 28 justices (3 or more judges hear each case). 2)Has appellate jurisdiction (no juries) a)Has three choices: Overturn, remand (send back) or uphold. 12 Circuits in the US

4. Federal Court System c.US District Courts 1)Over 650 judges at this level (2 or more judges per district) 2)Original jurisdiction: determines facts of the case 3)Have jury trials. 94 – each state has one, larger states have 2

Judicial Branch 5.All judges and justices are appointed for life, but may be removed through the impeachment process for wrongdoing.

Federal courts 1.Federal courts have Exclusive Jurisdiction over 8 kinds of cases (only federal courts hear and decide these cases). a.Involving the Constitution - Ex. Freedom of speech cases b.Violations of Federal Law - Ex. Kidnapping, tax evasions, counterfeiting, patents, and bankruptcy c.Disputes between States - regarding boundary lines, water claims, other property issues d.Disputes between citizens from different States e.Involving the Federal government - lawsuits where governments can sue or citizens can sue the government. f.Involving the Foreign Countries and treaties g.Accidents/Crimes on the High Seas - Admiralty and Maritime Laws h.US Diplomats - If diplomats in another country break an American law.

Supreme Court 1.General Information a.Main job is to decide whether laws are allowable by the Constitution (judicial Review) b.Do not have to choose to hear every case and lower court decisions will remain unchanged. Requests a writ of certiorari if they choose to hear a case c.Final Authority in cases w/ Constitution, Congress and Treaties d.No juries e.Hear limited original and appellate jurisdiction (original – disputes between the states and with cases involving foreign Diplomats)

Supreme Court 2.Justices a.8 Associate justices and 1 chief justice a.Chief Justice: presides over sessions, sits in the middle; John G. Roberts, Jr. current Chief Justice b.1st African American – Thurgood Marshall (1967) c.1st Woman – Sandra Day O’Connor (1981)

Supreme Court 3.Powers a.Legislative Branch and Executive Branch must follow rulings b.Judicial Review 1)Decide if laws are Constitutional 2)Has power to cancel (nullify) a law 3)Marbury v. Madison (1803): Established judicial Review. Decision established 3 principles: a)Constitution is Supreme Law of the Land b)If there is a conflict, between Constitution and any other law, the Constitution wins c)Judicial Branch has duty to uphold the Constitution. c.Interprets laws made by Congress.

Other Court officials 1.Magistrates: Each District has these types of judges. They take care of much of a judge’s routine work. They issue court orders, such as search warrants and arrest warrants and hear preliminary evidence to determine if a case should be brought to trial. They also mak decisions regarding bail.

Other Court officials 2.US Attorney: Each judicial district has this type of lawyer along with one or more deputies. They prosecute people accused of breaking federal laws and represent the nation in civil cases in which the government is involved.

Other Court officials 3.US Marshal: Each federal judicial district also has this type of officer. Along with their staff, they make arrests, collect fines, and take convicted persons to prison. They also protect jurors, keep order in federal courts and serve legal papers, like subpoenas.