1. The Judicial Branch

2. The Federal Court System
Articles of Confederation
Major Weakness – No Courts
Each State had own courts and laws

3. The Constitution Article III of the Constitution
Created a Supreme Court
Congress can create inferior courts (courts of lower authority)
Judiciary Act of 1789 – created federal district courts
Later in 1791 appeals courts
were created

4. Criminal and Civil Cases
There are two court systems in the US – federal and state courts
Criminal cases – cases in which juries decide whether people have committed crimes
Civil cases – cases in which two sides disagree over some issue

5. Jurisdiction Federal Court Jurisdiction
Jurisdiction – the authority to hear and decide a case
Federal courts have jurisdiction in the following areas
The Constitution – a constitutional right has been violated
Federal laws and Federal crimes – kidnapping, bank robbery
Admiralty and Maritime law
crimes and accidents on the high seas
Controversies between states
any disagreement between states

6. The Lower Federal Courts
District Courts
Lowest level of the federal court system
Are where trials are held and lawsuits begin
Original jurisdiction – authority to hear cases for the first time
Only federal courts is where jury trials are held
Each district is a geographic area – mail fraud, income tax evasion, bank robbery & treason

7. Cases
Civil cases – disputes involving labor relations, public lands, copyright and patent laws, and civil rights
Constitution states – “such Trial shall be held in the State where the said Crimes shall have been committed”

8. US Courts of Appeals Also called federal appeals courts
Jurisdiction – appellate jurisdiction
Hear only cases which have gone to district courts or through federal regulatory agencies
Can only be used if the law was not followed properly or if procedures were not followed properly
Created to ease the work of the Supreme Court
There are 12 circuits or geographic areas

9. Special Federal Courts
US Tax Courts – hears appeals dealing with federal tax laws
US Court of Federal Claims – citizens who sue the government for money claims
US Court of Military Appeals – appeals court for armed forces (after an individual has been court – marshaled)
US Court of International Trade – disputes arising from tariff and trade laws

10. The Power of the Supreme Court
Original jurisdiction
Preside over trials in cases that involve diplomats from foreign countries
Preside over trials where states sue each other (usually the Supreme Court allows a district court to hear this)

11. Judicial Review
Judicial Review - court may review any federal or state law to see if it is in compliance with the Constitution
One of the most important powers of the Supreme Court
If a law is in conflict it will be found unconstitutional and be nullified
The Supreme Court is the final authority on the Constitution

12. Marbury v. Madison Established judicial review in 1803
President John Adams made some midnight appointments; Marbury, who was appointed a justice of the peace, took James Madison to the Supreme Court for not carrying out President Adams appointments invoking the Judiciary Act of 1789

13. Judicial Review
Chief Justice John Marshall wrote the majority opinion turning down Marbury’s claim and the three basic principles of judicial review were created:
The Constitution is the supreme law of the land
Where there is a conflict between the Constitution and any other law, the Constitution must be followed
The judicial branch has the duty to uphold the Constitution and nullify or cancel any law in conflict with the Constitution
The power of judicial review has become an important check on any other branch

14. Supreme Court Justices
There are currently eight associate justices and one chief justice
No set formal qualifications or set number of justices
Informal qualifications
All have been lawyers
Most have been judges
Many have been public officials
W.H. Taft was the only chief justice to have been President first

15. The Supreme Court
Appointment by the President and approval by the Senate
The President tries to appoint judges who share the same ideology, but once appointed they have no obligation to follow the President’s line