The Judicial Branch Federal Courts. Objectives Know the length of terms of judges Know the jurisdiction of the Supreme Court, Federal Courts, and State.

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Presentation transcript:

The Judicial Branch Federal Courts

Objectives Know the length of terms of judges Know the jurisdiction of the Supreme Court, Federal Courts, and State Courts Know the processes of selection and confirmation of Supreme Court justices.

Political Vocabulary Judicial Restraint Judicial Activism Criminal Case Civil Case Jurisdiction Original Jurisdiction Concurrent Jurisdiction Appellate Jurisdiction Exclusive Jurisdiction DocketPrecedent Concurring Opinion Dissenting Opinion Writ of Certiorari Certificate Military Tribunal Civilian Tribunal Court Martial

Purpose of the Judiciary Decide issues in equity and law Judicial Review- Determining the constitutionality of laws.

Marbury v. Madison

The Structure of the Federal Courts SupremeCourt Supreme Court Federal Court of Appeals (12 Districts) Court of Appeals for the for the Armed Forces Court of Appeals for the Federal Circuit State Supreme Courts State Appellate Courts U.S. Court of Veteran Appeals U.S. Superior Courts (94 Districts) Courts of Appeal Army, Navy, Air Force, Marines, Coast Guard Federal Claims Courts U.S. Tax Court U.S. Court of International Trade State Superior Courts

Legal Jurisdiction Exclusive Exclusive State Jurisdiction Exclusive Exclusive Federal Jurisdiction Concurrent Jurisdiction Appellate Jurisdiction

Federal Jurisdiction Federal Courts may decide a case if the case: involves the Constitution, a federal law, or a treaty. involves the Constitution, a federal law, or a treaty. involves admiralty or maritime law. involves admiralty or maritime law. involves disputes over land between states. involves disputes over land between states. names the Federal government or a state government as a party in the case. names the Federal government or a state government as a party in the case. involves a disputed sum of $50,000 or more between citizens of two different states. involves a disputed sum of $50,000 or more between citizens of two different states. involves a foreign diplomat. involves a foreign diplomat.

The US Courts of Appeals

Opposing Views of Judicial duties Judicial philosophy proposing that judges should interpret the Constitution to reflect current conditions and values. Examples: Desegregation Desegregation Further separation of church and state Further separation of church and state Judicial philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say. Examples: Striking down the line item veto Judicial Activism Judicial Restraint

Factors Constraining Federal Judges

Judicial Nominations Steven Breyer- Pres. Clinton Ruth Bader-Ginsburg- Pres. Clinton John Roberts –Pres. W. Bush Antoine Scalia- Pres. Reagan Samuel Alito Pres. W. Bush Clarence Thomas- Pres. Bush Sr. John Stevens- Pres. Ford Anthony Kennedy- Pres. Reagan David Souter- Pres. Bush Sr.

Review Know the terms of judges Know the organization of the court system Know the types of jurisdictions Know the selection process of judges

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