1. The Federal Court System Section 1 The Federal Courts and the Judicial Branch Chapter 8

2. Main Idea The Framers created an independent judicial branch as part of the separation of powers of the national government. At the federal level, the judicial branch consists of three tiers of courts, each performing a different function. Reading Focus How is jurisdiction determined in the American court system? How is the federal court system structured? How are federal judges appointed? What is the judicial branch’s role in the system of checks and balances? The Federal Court System

3. The American Court System A Dual Court System Constitution set up federal court system to clarify rulings between state courts and set national standard. Authority of state and federal court systems from different sources: powers of state courts from state constitutions and state laws; authority of federal courts from Constitution and federal law Jurisdiction State courts have jurisdiction over state law; federal courts have jurisdiction over federal law. Court that first hears a case has original jurisdiction; if appealed to another court, that court has appellate jurisdiction. Federal courts have exclusive jurisdiction over matters involving U.S. Constitution Cases involving residents of different states and sums above $75,000 fall under concurrent jurisdiction, both state and federal courts; plaintiff may file case in either state or federal court

5. Judiciary Act of 1789 Outlined three-tiered system of federal courts; has remained virtually the same since original proposal Supreme Court is at top; below are circuit courts, district courts District Courts Each state must have one district court District courts have original jurisdiction over most federal cases Structure of the Federal Court System The Constitution left much of the structure of the U.S. federal court system to the discretion of Congress.

6. Courts of Appeals Originally circuit courts, courts of appeals hear appeals from district courts and some federal agencies 12 circuits with a court of appeals in each circuit The Supreme Court Supreme Court is mainly an appellate court; has original jurisdiction over some cases as outlined in the Constitution Court chooses which cases it hears; usually concern issues of constitutionality Other Courts Some other courts created by Congress, known as Article I courts, have limited jurisdiction Structure of the Federal Court System {continued}

8. Legal Expertise Most judges have been lawyers Judicial Philosophy Presidents usually nominate judges with similar judicial philosophy Judicial restraint: judges interpret Constitution based on Framers’ original intention Judicial activism: meaning of Constitution should be adapted to meet modern needs Most judges respect precedent Appointing Federal Judges Presidents usually consider four items when nominating a federal judge: legal expertise, party affiliation, judicial philosophy, and the opinions of the Senate. Party Affiliation Presidents usually nominate judges from their political party

9. Appointing Federal Judges {continued} Opinions of the Senate President consults senators before making judicial nominations Tradition of senatorial courtesy: senator from same state as judicial nominee and same political party as president can block nomination to federal district court for almost any reason Individual senators cannot block nominations to courts of appeals or Supreme Court

11. Judicial Review Primary check the judicial branch performs on executive and legislative branches Checks and Balances Checks on the Judiciary Appointment process is check on judiciary by executive and legislative branches Congress has power to impeach and remove judges from office Amendment process is legislative check on the judiciary

12. Vocabulary JurisdictionThe authority to hear and decide a case Exclusive JurisdictionThe sole right to hear a case Concurrent JurisdictionWhen both state courts and federal courts have the right to hear a case PlaintiffThe person making a legal complaint DefendantThe person against whom a legal complaint is filed Original JurisdictionA court’s right to have heard a case simply because it was the first court to hear it Appellate JurisdictionA court’s right to hear a case once it has been appealed from a lower court

13. Vocabulary Judicial RestraintThe concept that a judge should interpret the Constitution according to the Framers’ original intentions Judicial ActivismThe concept that judges can adapt the meaning of the Constitution to contemporary realities PrecedentPrevious court rulings on a given legal question Senatorial CourtesyTradition in which a senator from the same state as a judicial nominee and from the same political party as the president can block the nominee and expect no opposition from other senators.