Organization of Federal Courts Jurisdiction: authority (power) to hear and decide cases. Jurisdiction: authority (power) to hear and decide cases. US District Courts: original jurisdiction (authority to hear case first); responsible for determining the facts of a case; only courts where witnesses testify and juries hear cases US District Courts: original jurisdiction (authority to hear case first); responsible for determining the facts of a case; only courts where witnesses testify and juries hear cases US Courts of Appeals: appellate jurisdiction (authority to hear a case that has been repealed) review decisions made in the district courts. US Courts of Appeals: appellate jurisdiction (authority to hear a case that has been repealed) review decisions made in the district courts.

Organization of Federal Courts US Supreme Court: exclusive jurisdiction (only court that can decide constitutional issues); highest court in the land US Supreme Court: exclusive jurisdiction (only court that can decide constitutional issues); highest court in the land

Decision Making Appeals courts don’t hold trials. They may decide a case in 3 ways: Appeals courts don’t hold trials. They may decide a case in 3 ways: 1. Upholding the original district court decision 1. Upholding the original district court decision 2. Reversing that decision 2. Reversing that decision 3. Remanding the case (sending it back to the lower court to be tried again) 3. Remanding the case (sending it back to the lower court to be tried again) Appeals courts do not decide guilt or innocence, just whether the defendant’s rights have been protected (free speedy trial, etc. Appeals courts do not decide guilt or innocence, just whether the defendant’s rights have been protected (free speedy trial, etc.

Vocabulary Opinion: written detailed explanation of legal thinking behind a court’s decision Opinion: written detailed explanation of legal thinking behind a court’s decision Precedent: looking to past court decisions on similar issues; guidance to judges Precedent: looking to past court decisions on similar issues; guidance to judges Common law principle: decisions of highest court are binding on all other courts, so all courts must refer back to Supreme Court rulings (highest court) Common law principle: decisions of highest court are binding on all other courts, so all courts must refer back to Supreme Court rulings (highest court)

Selection of Judges Presidents usually appoint judges with a similar ideology (legal views) as their own Presidents usually appoint judges with a similar ideology (legal views) as their own Federal judges (including Supreme Court justices) have their jobs for life Federal judges (including Supreme Court justices) have their jobs for life New Justice Sonia Sotomayor Obama with SC Justice Elena Kagan

The Supreme Court The Court’s main job is to decide whether laws are constitutional The Court’s main job is to decide whether laws are constitutional Article III established boundaries of federal judicial power Article III established boundaries of federal judicial power Original jurisdiction: diplomats and disputes between states Original jurisdiction: diplomats and disputes between states Exclusive jurisdiction: over constitutional cases Exclusive jurisdiction: over constitutional cases The Court cannot hear all of the cases it receives, so it chooses. Their decisions are binding on all lower courts. The Court cannot hear all of the cases it receives, so it chooses. Their decisions are binding on all lower courts.

Selection of Justices The President appoints Supreme Court justices with the approval of the Senate The President appoints Supreme Court justices with the approval of the Senate There are 8 Justices + 1 Chief Justice There are 8 Justices + 1 Chief Justice Presidents carefully choose nominees that have a similar legal philosophy as themselves, but they also choose nominees they think will be approved Presidents carefully choose nominees that have a similar legal philosophy as themselves, but they also choose nominees they think will be approved

Judicial Review Judicial review: the Court can review any federal, state, or local law to determine whether it is constitutional Judicial review: the Court can review any federal, state, or local law to determine whether it is constitutional Established by Marbury v. Madison (1803) Established by Marbury v. Madison (1803) 3 principles: 3 principles: 1. The Constitution is supreme 1. The Constitution is supreme (where does this come from?) (where does this come from?) 2. In a conflict between the Constitution and any other law, the Constitution rules 2. In a conflict between the Constitution and any other law, the Constitution rules 3. The judicial branch must uphold the Constitution, so it has the power to nullify laws that conflict with it 3. The judicial branch must uphold the Constitution, so it has the power to nullify laws that conflict with it

Limits on the Court The legislative and executive branches must follow the Supreme Court’s rulings The legislative and executive branches must follow the Supreme Court’s rulings The Court depends on the executive branch to enforce its decisions The Court depends on the executive branch to enforce its decisions Congress can change laws that were ruled unconstitutional Congress can change laws that were ruled unconstitutional The Court can only hear the cases that come to it, so it cannot merely decide to overturn a ruling or law unless there was a legitimate legal dispute The Court can only hear the cases that come to it, so it cannot merely decide to overturn a ruling or law unless there was a legitimate legal dispute

Daily Assessment Former Chief Justice Charles Evans Hughes said, “The Constitution is what the judges say it is.” Explain the meaning of this statement. At least 3 sentences. You may use your textbook and your notes.