The Judicial Branch

United States Supreme Court The top of the federal court system

Legal Systems Goal To treat every person the same

Article III Established the Supreme Court Gave Congress the power to establish lower federal courts

Three Levels of the Federal Court System District Courts (bottom) Appeals Courts (middle) Supreme Court (top)

State Court System Exists along side the federal court system Gets its power from each individual state constitution

Jurisdiction a courts authority to hear and decide cases

Federal Courts Jurisdiction Cases Involving the Constitution Violations of Federal Laws Controversies Between States Disputes Between Parties from Different States Suits Involving Federal Government Cases Involving Foreign Governments and Treaties Cases Based on Admiralty and Maritime Laws Cases involving U.S. Diplomats

Exclusive Jurisdiction the authority of only federal courts to hear and decide cases Most court cases involve state law and are decided in state court

Concurrent Jurisdiction the authority for both state and federal courts to hear and decide cases Example: If citizens from different states are involved in a dispute worth at least &50,000

District Courts federal courts where trials are held and lawsuits are begun There are 94 district courts Each state has at least one district court District courts are the only federal courts in which witnesses testify and juries hear cases and reach verdicts

Original Jurisdiction the authority to hear cases for the first time

Appeals Courts courts that review decisions made in lower district courts There are 12 United States courts of appeals

Appellate Jurisdiction authority of a court to hear a case appealed from a lower court

Reasons Lawyers Appeal Cases Feel the judge applied a law incorrectly Feel the judge used the wrong procedures New evidence is found

Circuit The area of jurisdiction for a federal court of appeals

Court of Appeals for the Federal Circuit has national jurisdiction to hear special cases Examples: Patent law cases and international trade cases

Types of Appeals Court Decisions Uphold the original decision Reverse the original decision Remand a case

Remand to send a case back to a lower court to be tried.

Opinion A detailed explanation of the legal thinking behind a court’s decision in a case

Precedent ruling that is used as the basis for a judicial decision in a later, similar case

Supreme Court Has 9 judges called justices Are appointed to position for life Do not have to worry about losing job because of unpopular decision

Magistrate Judges Assist with a judges routine work – Issue court orders such as search and arrest warrants – Hear preliminary evidence to see if a case should go to trial – Decide whether people should be held in jail or released on bail before a trial – Hear minor cases

U.S. Attorneys Government lawyers that prosecute people accused of breaking federal laws Represent the United States in cases in which the government is involved Appointed to four year terms by the President and approved by the Senate Report to the Attorney General of the United States

Attorney General of the United States The head of the Justice Department

United States Marshals Make arrests Collect fines Take convicted people to prison Protect jurors Keep order in federal courts Serve subpoenas

Subpoena A court order requiring someone to appear in court

Supreme Court Main job is to decide whether laws are constitutional

Constitutional In agreement with the Constitution

Supreme Court Made up of 9 justices (8 associate justices and 1 Chief Justice) – The first Chief Justice was John Jay – The current Chief Justice is John G. Roberts Jr.

Thurgood Marshall First African American Justice – Joined in 1967

Sandra Day O’Connor First female justice – Joined in 1981

Judicial Review The power of the Supreme Court to say whether any federal, state, or local law or government action goes against the Constitution

Nullify Cancel

Marbury v. Madison Helped make the Judicial Branch an equal power to the Executive and Legislative branches Set the constitution as the supreme power of the land Declares that the Constitution rules in any conflict with a law

Docket a court’s calendar, showing the schedule of cases it is to hear

Brief a written document explaining the position of one side or the other in a case

Majority Opinion a statement that presents the views of the majority of the Supreme Court justices regarding the case

Dissenting Opinion a statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

Concurring Opinion a statement written by a justice who votes with the majority, but for different reasons

Stare Decisis Latin phrase which means “let the decision stand” Practice of using earlier judicial ruling as a basis for deciding cases