1. The federal court system
Chapter 11
The federal court system

2. Powers of the Federal Court
Section 1
Powers of the Federal Court

3. Concurrent jurisdiction Original jurisdiction Appellate jurisdiction
Terms
Concurrent jurisdiction
Original jurisdiction
Appellate jurisdiction
Litigant
Due process

4. Compare the jurisdiction of federal & state courts
Objectives
Compare the jurisdiction of federal & state courts
Describe the growth of the Supreme Court
Identify and explain important cases that developed the power of the Supreme Court

5. I. Jurisdiction of the Courts - Dual Court system
Judicial branch was the weakest branch until Justice John Marshall was appointed in 1801.
I. Jurisdiction of the Courts - Dual Court system
State Courts
Each state has its own system of courts (50 different systems)
*** power comes from state constitutions and laws
Federal Courts
Supreme Court
est. by Constitution
Lower Federal Courts
est. by Congress
*** power comes from the Constitution & federal laws ***

6. A. Federal Jurisdiction
Jurisdiction: the authority to hear a case
3 areas
1. U.S. Laws
2. treaties w/ foreign nations
3. interpretation of the Constitution

7. B. Concurrent Jurisdiction
When the state & federal courts' jurisdictions overlap
C. Original & appellate jurisdiction
Trial court - court where case is originally tried - original jurisdiction (based on district - federal or state)
Appellate jurisdiction - a defendant/prosecutor who loses in trial court can appeal to the decision of an appellate court
Supreme Court - loser in appellate court can then appeal to S.C. - has original & appellate jurisdiction

8. II. Developing Supreme Court Powers
A. Early Precedents
1. Neither S.C. Nor federal courts can initiate action - must wait for litigant to appeal to them
2. Federal courts - determine cases; won't just answer a legal question
B. Landmark Cases & Influential Justices
1. Marbury v. Madison (1803)
John Adams - midnight judges (42)
T. Jefferson - blocked the last 4 from being confirmed
**** Judicial review - S.C. Could review acts of Congress

9. All under Chief Justice John Marshall
2. Fletcher v. Peck (1810) - S.C. Could review state laws
3. McCulloch v. Maryland - states couldn't interfere in legitimate nat'l interests
4. Gibbons v. Ogden (1824) - expanded the meaning of interstate commerce
How does broadening the definition of interstate commerce empower the S.C.?
All under Chief Justice John Marshall

10. 5. States' Rights and the Scott case
a. Roger Taney - Chief Justice after John Marshall
b. Dred Scott v. Sanford - 3 opinions handed down by the S.C.
1. African Americans were not & could not be citizens
2. Missouri Compromise - unconstitutional
(Slave vs. free states admitted to the Union)
3. Congress could not stop the spread of slavery
*** severely damaged the credibility of the S.C.

11. C. Due Process Cases
Due process: no state may deprive any person of life, liberty, or property without the due process of law
1. Plessy v. Ferguson – gave power to state police to preserve peace and order
“separate but equal” principle – separate facilities for races as long as the facilities were equal
2. Brown v. Board of Education of Topeka – overturned “separate but equal” doctrine; outlawed segregation in public schools
Chief Justice Earl Warren – major force in protecting civil liberties

12. Section 2: Lower Federal Courts

13. Constitutional Courts – District Court, Federal Court of Appeals, Court of International Trade
District courts—created in 1789; originally each state had 1 court, today there are 94 district courts
District courts use 2 types of juries:
Grand jury—deliver an indictment if there is enough evidence
Petit jury—decides guilt or innocence at trial
Handle 80% of all federal cases

14. Appeals Court
Court of Appeals hears a case after trial jury’s decision
U.S. is divided into 12 judicial circuits with 1 appellate court in each district

15. Legislative Courts – Created by Congress
These help Congress exercise its power
6 types of legislative courts:
U.S. Claims Court—claims against the U.S. for monetary damages
U.S. Tax Court—cases relating to federal taxes
Court of Military Appeals—armed forces who break military laws
Court of District of Columbia—judicial system for Washington D.C.
Court of Veterans’ Appeals—claims for benefits and other legal issues for veterans
Territorial Courts—handle cases in U.S.-held territories (i.e. Guam, Puerto Rico

16. Selection of Federal Judges
Party affiliation—most nominees are from the President’s party
Judicial philosophy—extend a President’s ideals beyond his term
Senatorial courtesy—candidate is presented to Senators from his state before confirmation
Background—almost all have had legal training; majority have been white males

17. Supreme Court Jurisdiction
Supreme Court has original and appellate jurisdiction
Original jurisdiction covers 2 types of cases—(1) cases with representatives of foreign nations and (2) when a state is a party in the case
Most cases the Supreme Court hears are appeals (approx. 5 original cases each year)

18. Current Supreme Court Chief Justice John Roberts Anthony Kennedy
Sonia Sotmayor
Clarence Thomas
Elana Kagan
Stephen Breyer
Antonin Scalia
Ruth Bader Ginsburg
Samuel Alito

19. Supreme Court Info Miscellaneous Appointment
Annual salary of $173,600; chief justice receives $181,400
Main duty is to hear and rule on cases and give explanations called opinions
Most justices hire law clerks from top universities to assist them
To date, only 4 women and 3 minorities have served on the court
Justices are appointed by the President and approved by Congress
Politics plays a major role in confirmation of judges
American Bar Association gives judges a subjective rating
Interest groups play a role in selection of judges (i.e. NOW, NAACP, Christian Coalition)