1. Critical Thinking Questions Journals
Often times people who are found guilty, are usually retried for the same crime by being granted an appeal. Although, if a person is found not guilty they cannot be tried again for that crime (5th Amendment)
Is this fair?
Why do you think the court system is set up in this manner?

2. Which of the following court cases would most likely be heard in a civil court?
A speeding ticket for going 45 in a 35
A person stealing a tv from a local vendor
An employee being wrongly removed from his/her job
A person committing arson on a building in town

3. Lower Federal Courts
Unit 6

4. Constitutional Courts
Those courts established by Article III of the constitution
Federal District Courts
Federal Court of Appeals
US Court of International Trade

5. Federal District Courts
Originally drawn with state boundaries
Today every state has at least 1 Federal Court, some have more . . .
California, New York, and Texas have 4

6. Federal District Courts
District Courts are both criminal and civil
Criminal cases: murder, felonies, etc.
Civil cases: One person sues another – money is involved
Two Types of Juries
Grand Jury – people: These people decide if there is sufficient evidence against a person to suspect them of a crime.
If Yes: indictment – formally charging someone with a crime
If No: the charges are dropped
Petit Jury
6 to 12 people: listen to a trial and decide if a person is guilty of a crime or not
Criminal: unanimous decision to determine guilty or not guilty
Civil: majority decision to determine guilt

7. Critical Thinking Journal
Is it fair that someone can be found not guilty in criminal court, however liable in civil court?

8. Officers of the Court US Attorney – prosecutes the crime
US Magistrate – issues warrants
US Marshal – making arrests and securing jurors
Clerks – paper work
Bailiffs – order in the courtroom
Stenographer – types out what is being said in the trial

9. Federal Court of Appeals
If you lose a district case you can appeal your case to the court of appeals
Each appeals court has 3 judges
Judges go over the appeal and can rule in 1 of 3 ways:
Uphold the original decision
Reverse the original decision
Send the case to be tried again in lower courts

10. Court of International Trade
Hears cases that deal with tariffs
What is a tariff?

11. Legislative Courts
Courts created by congress to help itself exercise its powers

12. Legislative Courts United States Claims Court United States Tax Court
Anytime a person sues the government it is heard in this court
United States Tax Court
Hears cases that dispute the IRS or treasury department (ex. Being unfairly taxed)
Court of Military Appeals
Hears cases that are appealed from the military courts

13. Legislative Courts Territorial Courts
Handle Civil, Criminal, and Constitutional cases within the territories of the US (ex. Virgin Islands, Guam, Northern Mariana Islands, and Puerto Rico)
Courts of the District of Columbia
DC is not a state, so it is governed by Congress, and this court handles criminal and civil cases in DC
Court of Veterans’ Appeals
Hears civil cases that deal with Veteran claims and veteran problems

14. Selection of Federal Judges
Article 2, Section 2, of the Constitution
Federal Judges are selected by the President
Approved by the Senate
Judges are appointed for life

15. Critical Thinking Journal
Hypothesize (make guesses) as to why judges would be appointed for life?
Do you think this is right?

16. Selection of Federal Judges
Party Affiliation
Presidents typically appoint judges who share the same political party as themselves
Gerald Ford: 81%
Ronald Reagan: 99%
When the same party is in control of the congress and Presidency the judicial system expands
Congress creates new positions
President appoints new judges

17. Selection of Federal Judges
Judicial Philosophy
Presidents appoints judges who feel strongly on the same political issues as they do.
(ex. Abe Lincoln on the emancipation of slaves)

18. Selection of Federal Judges
Senatorial Courtesy
Before naming Federal Trial courts within specific states, the President will present the names to the 2 senators from that state.
If either of the 2 senators do not like the nomination, the President will usually choose a different person.
Once a different person is approved, it is then given to all of the Senate for approval

19. Selection of Federal Judges
Background of Federal Judges
Most have had legal training
Law school professors
Congress members
Attorneys
State Court Judges (1/3rd of all appoints)
Very few women and minorities
Lyndon Johnson appointed Thurgood Marshall to the supreme court – first African American
Ronald Reagan appointed Sandra Day O’Connor to the supreme court – first female