THE JUDICIAL BRANCH The Federal Court System established in Article III established in Article III
The Federal Court system is established in the Constitution The jurisdiction, or authority to hear and decide a case, is also established (III, 2, 1)
The Federal Courts have jurisdiction over the following areas the Constitution federal laws law of the high seas disputes involving the U.S. Government disputes between states, or citizens of different states disputes involving foreign governments EVERYTHING ELSE GOESTO THE STATE AND LOCAL COURTS
THE LOWER FEDERAL COURTS District Courts Courts of Appeals
District Courts federal courts where lawsuits are begun at least 1 per state district courts handle most of the Federal Court System's work (90%) district courts have original jurisdiction: the authority to hear cases the first time
Courts of Appeals (Circuit courts) these courts only hear cases that are appealed from lower courts appellate jurisdiction
Additional courts Military courts Territorial courts US Tax Court Claims courts
THE U.S. SUPREME COURT the highest court in the land
original jurisdiction The Supreme Court rarely has original jurisdiction - almost all of the cases that come to the Supreme Court are from appeals
The Justices 9 Justices, including a Chief Justice appointed by the President, they hold their terms until they die, resign, or are impeached very powerful, very prestigious
judicial review The Supreme Court has the power of judicial review this allows the Court to review any law and decide if it is unconstitutional From Marbury v. Madison, 1803 but only if the law comes to the Court in a case
final authority The Supreme Court is the final authority on the Constitution and the laws of the United States.
How can a Supreme Court decision be overturned? A new decision by the Court A constitutional amendment
MAKING A RULING
MAJORITY OPINION DISSENTING OPINION CONCURRING OPINION
INTERPRETING THE CONSTITUTION Judicial Activism vs. Judicial Restraint Loose Interpretation vs. Strict Interpretation