1. U N I T 3 – CH. 8 – THE FEDERAL COURTS & THE JUDICIAL BRANCH – CH. 13 – SUPREME COURT CASES

2. THE FEDERAL COURT SYSTEM (PP. 220 – 225) SECTION1SECTION1

3.  We have a National Court and a State Court System  Our State Court System hears the vast majority of cases 1. WHAT IS A ‘DUAL COURT SYSTEM’ & WHICH LEVEL OF GOV’T. HEARS THE VAST MAJORITY OF CASES IN THE U.S.?

5.  State Court Jurisdiction  Hear matters involving state law (in Ohio, it would be anything dealing with the Ohio Revised Code and/or county/municipal laws)  Federal Court Jurisdiction  Hear matters involving the U.S. Constitution and/or other federal laws 2. WHEN IT COMES TO JURISDICTION, WHAT TYPES OF CASES DO BOTH THE STATE & FEDERAL COURTS HEAR?

6.  The U.S. Constitution gives federal courts the ‘sole’ right to hear certain types of cases that the state courts can not hear  Examples include interpretations of the Constitution, federal laws, or treaties 3. EXCLUSIVE JURISDICTION

7.  Cases that fall under both state & federal jurisdiction  Examples include cases dealing with residents of different states & the amount of money involved exceeds $75,000 (in civil cases) 3. CONCURRENT JURISDICTION

8.  The person making the legal (criminal/civil) complaint  He/she can file in federal or state court 3. PLAINTIFF

9.  The person against whom the complaint is filed  Under certain circumstances, the defendant can insist that the case be tried in federal court 3. DEFENDANT

10.  The court that first hears a case has ‘original jurisdiction’  It is possible to have a case tried in both state & federal court (usually, one will cede to the one that carries a tougher penalty) 3. ORIGINAL JURISDICTION

11.  If a case is appealed to a higher court, it moves to the court that has ‘appellate jurisdiction’  In civil cases, the losing party (plaintiff or defendant) can appeal a verdict  In criminal cases, only the defendant can appeal a verdict  This is due to the 5 th Amendment’s Protection from Double Jeopardy  The U.S. Supreme Court is the Final Court of Appeals (no one can appeal a U.S. Supreme Court Ruling) 3. APPELLATE JURISDICTION

12.  The proper power of federal courts was a matter of debate & providing too many details might trigger opposition from those who didn’t want a strong national gov’t., possibly delaying/preventing ratification 4. WHY DID THE FRAMERS CHOOSE TO BE VAGUE WITH OUTLINING THE POWERS OF OUR JUDICIAL BRANCH?

13.  District Courts  Spread throughout the country & serve as the federal system’s trial courts (original jurisdiction over nearly all criminal/civil cases heard at the federal level)  Criminal cases involve violations of criminal law (murder, kidnapping, etc.)  Civil cases involve disputes over money and/or property, between private individuals or groups  94 federal judicial districts (89 in the 50 states, & one each in Washington D.C., Puerto Rico, Guam, the U.S. Virgin Islands, & the Northern Mariana Islands)  There must be at least one federal court in every state 5. DESCRIBE EACH OF THE TIERS & THEIR JURISDICTION IN THE ‘3-TIERED’ STRUCTURE OF THE JUDICIARY ACT (1789)?

14.  Circuit Courts  This layer of courts is above the district courts  Got its name because they originally didn’t have a ‘fixed’ location (judges would travel through the circuit to hear cases)  They were transformed into strictly ‘appellate courts’ from the Judiciary Act of 1791 (now called the Federal Court of Appeals)  They hear appeals from district courts  The U.S. is currently divided into 12 different circuits & within each, is a court of appeals 5. DESCRIBE EACH OF THE TIERS & THEIR JURISDICTION IN THE ‘3-TIERED’ STRUCTURE OF THE JUDICIARY ACT (1789)?

15.  U.S. Supreme Court  Occupies the ‘top tier’ of the federal court system  It is mainly an appellate court, although it does have original jurisdiction in ‘Cases affecting Ambassadors, other public Ministers/Consuls, & those which a State shall be Party’ (Article III – Section 2)  Originally, the Court had one chief justice & five associate justices (Since 1869, the Court increased to one Chief Justice & eight associate justices)  It receives around 8,000 requests to review a case each year (It will issue full opinions on around 100) 5. DESCRIBE EACH OF THE TIERS & THEIR JURISDICTION IN THE ‘3-TIERED’ STRUCTURE OF THE JUDICIARY ACT (1789)?

16.  The President appoints federal judges  The Senate approves or confirms them 6. WHO APPOINTS FEDERAL JUDGES & WHO APPROVES THESE APPOINTMENTS?

17.  Legal expertise  Most federal judges are trained lawyers  Since 1952, the American Bar Association (ABA) issues reports on the integrity & professional competence of federal judge nominees 7. DESCRIBE EACH OF THE 4 FACTORS TAKEN INTO CONSIDERATION WHEN MAKING FEDERAL JUDGE NOMINATIONS?

18.  Party affiliation  Presidents usually nominate judges with whom they share a party affiliation  Why is this good politics?  These judges typically rule according to that party’s ideology (liberal or conservative) & will be a judge long after the president leaves office 7. DESCRIBE EACH OF THE 4 FACTORS TAKEN INTO CONSIDERATION WHEN MAKING FEDERAL JUDGE NOMINATIONS?

19.  Judicial philosophy  Presidents appoint judges who share their judicial philosophy (which falls on a spectrum between judicial restraint & judicial activism)  Restraint – interpret the Constitution according to the Framers’ original intent (what type of interpretation?)  Activism – adapt the meaning of the Constitution to meet the demands of contemporary realities (what type?) 7. DESCRIBE EACH OF THE 4 FACTORS TAKEN INTO CONSIDERATION WHEN MAKING FEDERAL JUDGE NOMINATIONS?

20.  Opinions of the Senate  Presidents usually consult with Senators (particularly with those from their own party) when making nominations to the Court of Appeals & the Supreme Court  it’s usually not smart to wage long, drawn-out confirmation hearings 7. DESCRIBE EACH OF THE 4 FACTORS TAKEN INTO CONSIDERATION WHEN MAKING FEDERAL JUDGE NOMINATIONS?

21.  Precedent  Previous court rulings can limit a judge’s ability to ‘loosely’ or ‘strictly’ interpret the Constitution (some respect precedent more than others)  Senatorial courtesy  A senator from the same state as the nominee & same party as the president can block a nomination for any reason, & the rest of the Senate will follow suit (this is why presidents consult first with their party’s Senators or simply go with the suggestions from his party) 8. DEFINE ‘PRECEDENT’ & ‘SENATORIAL COURTESY’?

22.  The U.S. Supreme Court has the power to rule on whether state/federal laws or executive actions violate the Constitution 9. WHAT IS JUDICIAL REVIEW?

23.  Federal judges can be impeached, but the process is difficult & one can’t be removed simply for political reasons (it must be a serious offense – taking bribes)  Only 7 federal judges have been removed  An amendment can make an unconstitutional act constitutional 10. DESCRIBE HOW ‘IMPEACHMENT’ & THE ‘AMENDMENT PROCESS’ ARE LEGISLATIVE CHECKS ON THE JUDICIAL BRANCH?