1. Unit V Judicial Branch

2. Table of Contents National Judiciary III. Supreme Court
creation
jurisdiction
appointment
terms and pay
court officers
Inferior Courts
District Courts
Court of Appeals
Two other courts
III. Supreme Court
Judicial Review
jurisdiction
cases heard by SC
SC at work
current court

3. Terms to know
inferior courts jurisdiction exclusive jurisdiction original jurisdiction concurrent jurisdiction plaintiff defendant appellate jurisdiction redress criminal case
civil case docket write of certiorari certificate majority opinion precedent concurring opinion dissenting opinion martial courts tribunal courts

4. I. The National Judiciary

5. a. The Creation of a National Judiciary
The federal court system was established by Article III of the Constitution
Dual Court system:
There are two separate court systems in the United States:
1. national
2. state

6. Federal Courts Inferior courts- lower than SC A. constitutional courts
94 district courts
12 US Courts of Appeals
US Court of Appeals for Federal Circuit
US Court of International Trade
B. Special Courts
US Court of Claims
Territorial Courts
Courts of D.C.
US Tax Court
US Court of Appeals for the Armed Forces
US Court of Appeals for Veterans Claims

7. Jurisdiction -authority of a court to hear a case
exclusive jurisdiction: cases heard only by fed courts
concurrent jurisdiction: fed and state courts share power to hear cases
original jurisdiction: the court to first hear the case
appellate jurisdiction: court that hears the case on appeal

8. b. Jurisdiction in the Federal Courts
cases:
on subject matter
parties involved
the interpretation and application of a provision of the Constitution or of any federal statute or treaty
cases that arise on the high seas or in navigable waters of the United States

9. Jurisdiction In the Federal Courts con’t
cases that do not fall under the jurisdiction of the federal courts are within the jurisdiction of the State courts
Some cases have exclusive (federal courts only) jurisdiction
Some have concurrent (federal or state courts) jurisdiction

10. c. Appointment of Judges
Federal judges are nominated by the President and confirmed by the Senate
Presidents almost always nominate persons from their own political party who share their philosophy of government

11. d. Terms and Pay of Judges
Most federal judges are appointed for life and may be removed only through the impeachment process
Congress sets judicial salaries and benefits

12. e. Court Officers
Each district court has many officials who assist the district judge
These include clerks, bailiffs, stenographers, magistrates, bankruptcy judges, United States attorneys, and federal marshals

13. II. The Inferior Courts

14. a. The District courts
563 district judges hear 80% of the federal case load
Each state forms at least one judicial district, and two judges are assigned to each district.
original jurisdiction over most of the cases heard in federal courts
hear both civil and criminal cases
use both grand and petit juries

15. b. The Court of Appeals
Court of appeals were created in 1891 as “gatekeepers” to the supreme court
12 court of appeals and 179 circuit judges
Appellate courts are regional and usually hear appeals from courts within their circuits
They also hear appeals from the
United States Tax Court
the territorial courts
the decisions of federal regulatory commissions

16. Court of Appeals

17. c. Two other Constitutional Courts
Court of International Trade
9 judges who hear civil cases arising out of the tariff and other trade-related laws
Appeals go to court of appeals for the federal circuit.
Court of Appeals for the Federal Circuit
nationwide jurisdiction
hears certain kinds of civil cases

18. The Federal Judiciary

19. III. The Supreme Court

20. a. Judicial review
the power to decide on the constitutionality of an act of government.
Marbury v. Madison 1903
1800 Adams court packing, TJ mad
TJ to Sec of State Madison – don’t deliver
write of mandamus – a court order to mandate a gov’t officer to perform their legal duty
Judiciary Act
statue conflicted with Constitution, therefore void
claimed right to declare acts of Congress unconstitutional

21. Checks and Balances of the Branches of Government

22. b. Jurisdiction
The supreme court has both original and appellant jurisdiction, but most of its cases are appeals.
original jurisdictions:
cases involving 2 or more states
cases involving ambassadors other public ministers
cases on appeal from lower federal courts

23. d. How cases reach the supreme court
hear cases on appeal from fed court
if there is a constitutional issue
7,000 case a year petition the court
hears between
The rule of four
Writ of certiorari – an order of lower courts to send up the record in a given case
certificate- lower court not clear about procedure or rule of law to apply to the case

24. c. The Supreme court at work
1.Oral Arguments
Oct – May, 2 week cycles
recess to consider case and do other business
2. Briefs-legal docs. sent to SC before a case is heard with details, relevant facts
3. Court in Conference
Chief Justice presides
speaks first, then in order of seniority
polls the justices
Wed –Fri justices meet to consider the cases
super secret
4. Solicitor General
federal chief lawyer
decides which cases the fed will ask the SC to hear

25. 5. Opinions If the CJ is in the majority he/she writes it
the senior most justice writes it if not
majority opinion – Opinion of the Court
stand as precedents; this the decision
5-4
concurring opinion- justices that agree with the majority may write an opinion to add or emphasize a point
dissenting opinion- CJ or most senior write it, written by justices that agree with opinion

26. Supreme court is the highest court of appeal

27. e. Current Court Chief Justice John Roberts Antonin Scalia
Anthony Kennedy
Clarence Thomas
Ruth Bader Ginsburg
Stephen Breyer
Samuel Alito
Sonia Sotomayor
Elena Kagan

28. Supreme Court