The Judicial Branch Ch. 18
A Dual Court System There are two separate court systems in the U.S. National (Federal) *spans the country with its more than 120 courts State *each of the 50 States has its own system of courts *most of the cases are heard on a State (District) level
Two Kinds of Federal (National) Courts The Constitution creates the Supreme Court and leaves to Congress the creation of the inferior courts- the lower federal courts, those beneath the Supreme Court So what are those two kinds of Federal Courts?
1. Constitutional Courts These courts exercise the broad “judicial power of the U.S.” as stated in Article III
The Special Courts have narrowly defined powers These are the Special Courts
Of these two Federal Courts, which one do you think hear most of the cases tried in the federal courts? RIGHT! The Constitutional Courts. They have jurisdiction over most federal cases Definition of jurisdiction The authority of a court to hear (to try and to decide) a case
So what kind of cases come under Federal jurisdiction? Article III, Section 2, Clause 1 (eagerly check that out!) 1. The subject matter of the case 2. The parties involved in the case
Vocab to make you sound even more brilliant!! Original jurisdiction Def.- A court in which a case is first heard Appellate jurisdiction Def.- A court that hears a case on appeal from a lower court FYI: In the federal court system, the district courts have only original jurisdiction, and the courts of appeals have only appellate jurisdiction. The SC exercises both.
A couple more vocabulary words (can’t get enough, can you?) Plaintiff Def.- The person who files suit Defendant Def.- The person whom the complaint is against V.
Bring on the Judge! Appointment of judges Terms and pay of judges Article II, Section II, Clause 2 The President is free to name to the federal bench anyone the Senate will confirm Terms and pay of judges Article III, Section I… “The Judges…” The judges of the constitutional courts are appointed for life Article III, Section 1… “Shall, at stated Times…” Congress sets the salaries of all federal judges
Court Officers Clerks U.S. magistrates U.S. attorney U.S. Marshall
The Inferior Courts COURT OF APPEALS DISTRICT COURTS 50 States divided into 89 federal judicial districts At least two judges are assigned to each district Cases tried in the district courts are most often heard by a single judge Certain cases may be heard by a three-judge panel District courts have original jurisdiction over most cases COURT OF APPEALS Created as “gatekeepers” to relieve the SC of much of the burden Docket- list of cases to be heard Now there are 12 courts of appeals in the judicial system
Court of Appeals (cont) 179 circuit judges Justice of the Supreme court is assigned Courts of appeals usually sits in panels of three judges 55,000 cases/year Final, unless the SC chooses to hear appeals
The U.S. Supreme Court
Laid to rest
Samuel Anthony Alito, Jr. JUSTICE: DATE APPOINTED: APPOINTED BY: AT AGE : Chief Justice John G. Roberts 2005 G.W. Bush 50 Antonin Scalia 1986 Reagan Anthony M. Kennedy 1988 52 Clarence Thomas 1991 Bush 43 Ruth Bader Ginsburg 1993 Clinton 60 Stephen G. Breyer 1994 56 Samuel Anthony Alito, Jr. 2006 Sonia Sotomayor 2009 Obama 55 Elena Kagan 2010
Judicial Review Def.- The power to decide the constitutionality of an act of government Both Federal and State courts exercise this power The ultimate exercise of that power rests with the Supreme Court Marbury v. Madison
Jurisdiction The Supreme Court has both original and appellate jurisdiction Most cases come on appeal—from the lower federal courts and from the highest State courts
Last slide…last ppt. in Mrs. Golledge’s Government B class Last slide…last ppt. in Mrs. Golledge’s Government B class. Admit it…you’re a little sad. Writ of certiorari Def.- an order by the Court directing a lower court to send up the record Briefs Def.- written documents filed with the Court Majority Opinion Def.- Court’s opinion Dissenting Opinion Def.- those justices who do not agree with the Court’s majority decision