1. The Judicial Branch

2. Introduction to the Judicial Branch
No judicial branch under Articles of Confederation
State courts had sole authority over all cases – major weakness of Articles
Judicial Branch created in Article III of the U.S. Constitution
Only 1 federal court created – The U.S. Supreme Court
Gives power to Congress to create any lower federal courts

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4. U.S. Court System Today U.S. has a dual system of courts:
Federal Courts – handle criminal and civil cases involving federal law or any constitutional issue
State Courts – handle criminal and civil cases involving state law
90% of all cases heard in America happen at the state level.
Criminal Case – Federal Government or state charges an individual with violating one or more laws.
Civil Case – Government resolves a dispute between two parties.

5. Federal Court Structure
Supreme Court – Created by the Constitution
U.S. Court of Appeals – Created by Congress in 1891 – act as federal appeal courts
Federal District Courts – Created by Congress through the Judiciary Act of act as federal trial courts

6. Types of Federal Cases
Federal courts can only decide very limited types of cases:
Federal Questions: any case that is considered federal law. Constitutional law, federal crimes, bankruptcy intellectual property (patents, copyrights)…
Treaties and Diplomats: cases that involve ambassadors and the like.
US Government cases: if you wanted to sue the FBI it would be federal. But of you wanted to sue local sheriff, it would be state court.
Federal District Court Locations in MI
Detroit, Ann Arbor, Bay City, Flint, & Port Huron

7. Federal Court Jurisdiction
What is Jurisdiction?
The authority of the courts to hear certain cases
Types of Federal Jurisdiction
Original Jurisdiction: authority to hear a case for the first time
Trials are conducted, evidence is presented, and juries determine outcome of case
Federal District Courts and the Supreme Court (in certain cases) have original jurisdiction
Appellate Jurisdiction: courts that hear reviews or appeals of decisions from the lower courts
Federal Courts of Appeals and the Supreme Court have appellate jurisdiction
Concurrent Jurisdiction: allows certain types of cases to be tried in either the federal or state courts

8. Types of Federal Courts
Federal District Court
Federal trial courts
Every state has at least one; more people = more district courts
Currently 94 district courts (w/ over 673 judges)
Have original jurisdiction ONLY – no appeals
Decide civil & criminal cases arising under the Constitution & federal laws
Often 1st & last resort in the federal system
Many don’t even go to trial because of plea deals
Of the cases that do go to trial, less than 15% are later appealed.
Judges serve for life – appointed by President of U.S. and confirmed by Senate
Can only be removed by impeachment with a guilty verdict

9. Types of Federal Courts
U.S. Courts of Appeal
Created by Congress in 1891 to help lessen the work load of the Supreme Court
Decide appeals from U.S. district courts
13 U.S. Court of Appeals
States are divided into circuits, or geographic judicial districts.
Also a circuit for Washington, D.C. and a special appeals court with national jurisdiction
Have appellate jurisdiction ONLY (May only review cases already decided by a lower court)
Panel of 3 judges decide cases in the Courts of Appeals
They do not hear cases, they read briefs and make decisions
Judges serve for life – nominated by President and confirmed by Senate

10. Types of Federal Courts
U.S. Supreme Court
Only court actually created directly by the Constitution
Highest court in the federal judicial system
Final authority in dealing with questions arising from the Constitution, federal laws, and treaties
Has both original and appellate jurisdiction
90% of cases are appeals from lower federal courts
Current size – 8 associate justices and 1 chief justice
Justices nominated by President of the U.S. and confirmed by Senate
Serve for “life”