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Chapter 11: The Federal Court System

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1 Chapter 11: The Federal Court System
Section 1: Powers of the Federal Courts Section 2: Lower Federal Courts Section 3: The Supreme Court

2 Section 1: Powers of the Federal Courts
I: Jurisdiction of the Courts A. The U.S. has a _______ court system __________courts B. State courts have jurisdiction over cases involving STATE laws. Many state court judges are __________. Federal court judges are _____________. C. _________ courts have jurisdiction over cases involving U.S. laws, foreign treaties, and cases that involve how to interpret the Constitution.

3 Types of Jurisdiction 1. ___________ jurisdiction
Court the case goes to _________. This depends on ______________________and/or where the _____________________ are from. Courts that have original jurisdiction are TRIAL courts. If you lose your case, you can appeal to a court with. . . 2. ___________________ Jurisdiction 3. Concurrent Jurisdiction (what’s that?)

4 Where did the Supreme Court Get its Power?
Article _________ is vague The Supreme Court’s power has developed over time. . . Marbury v. Madison established the court’s power of __________________ _________________ was the first Chief Justice of the Supreme Court. He used the court’s early cases to establish and expand Supreme Court authority (set precedent/establish case law)

5 Examples of Marshall Court Activism
Marbury v. Madison Fletcher v. Peck Dartmouth College v. Woodward Gibbons V. Ogden Why is each of these cases historically important? Review the case description in the back of your book.

6 Other Important Eras in Supreme Court History
The Taney Court Was known for ___________________rights Dred Scott case as an example The Court and Due Process The “Civil War” or “Reconstruction” amendments Expansion of these amendments to ________________________________

7 Important Court Eras continued
The Court and ________________ Granger cases Slaughterhouse Cases U.S. v. E.C. Knight and Company Debs v. United States “sick chicken” case Because of the Supreme Court’s habit of ruling against his legislation, President Franklin D. Roosevelt attempted to “_______” the court with his appointees.

8 Important Eras continued
The Warren Court ( ) Chief Justice Earl Warren’s court focused on __________ ________of citizens The Warren Court’s landmark case was Brown v. Board of Education of Topeka (1954) Other cases involved protecting the rights of those ______________________________.

9 Section 2: Lower Federal Courts
Constitutional Courts a. Federal district courts serve as trial courts for both _______ and ____________cases There are currently ______ federal district courts. 1. ____________ cases are ones in which someone is being prosecuted for having broken a law. 2. A _________ case is when two people are suing each other or a person and the government are in a dispute.

10 Constitutional Courts continued
Criminal cases have 2 types of juries: ______ jury Petit or ________ jury If you lose your case, you can _________. There are 13 federal courts of appeals. Which appellate district is Alabama in? See p. 314

11 Legislative Courts These are courts created by Congress to deal with specific types of issues ________________________ Federal Intelligence Surveillance Court (FISA)

12 Selection of Federal Judges: What do Presidents Look For?
The president has the power to appoint all federal judges (with the approval of the Senate) according to the Constitution. Presidents usually appoint judges from _____________________________ or _____________________on major issues. Presidents follow _________________when nominating judges. Federal judges are appointed __________. They keep these jobs until they ______, die or are ______________.

13 Section 3:The Supreme Court
What is the jurisdiction of the “highest court in the land?” Has both appellate and original jurisdiction Original jurisdiction involving. . . Representatives of ______________________ Lawsuits between ____________or between a state and the federal government, as in McCulloch v. Maryland Very few of the cases the court hears every year are ___________ jurisdiction cases (only about 5 of the 100 or so cases the court hears.) Has appellate jurisdiction over cases from Lower courts _______________ Federal district courts in certain cases (when an act of Congress has been found unconstitutional) _______________________courts in cases involving federal laws or the Constitution.

14 Supreme Court Justices
How many are there? 1 chief justice John Roberts (09/29/05) 8 associate justices Samuel Alito (01/31/06) Stephen Breyer (08/03/94) Ruth Bader Ginsberg (08/10/93) Clarence Thomas (10/23/91) Associate justices continued David Souter (10/09/90) Anthony Kennedy (02/18/88 Antonin Scalia (09/26/86) John Paul Stevens (12/1975)

15 Congress and the Court _______________sets the number of the justices on the court. There have been _____since __________. Justices’ salaries are set by Congress and may not reduce it. Congress may remove justices by _____________them (treason, bribery) The Constitution says little about what the justices are supposed to do, so their jobs have evolved over time. Their main duty is to ____________________________. The chief justice provides leadership by presiding over ____________ and _____________, which is when the justices discuss cases among themselves. ________________ assist the justices in their work.

16 Who Becomes a Supreme Court Justice?
Most are ________in their 50s or 60s. One woman, one African-American on the current court. Most have been ________ or ________ judges or been state attorney generals.

17 Appointing Justices The Constitution gives the president the authority to appoint Supreme Court justices subject to Senate confirmation (how is this an example of checks & balances?) The President’s choices are usually confirmed, but there’s no guarantee--even Washington had one of his nominees rejected. The President solicits suggestions from top Justice Dept. officials, the ________________ and key Senators (senatorial courtesy) The ______ is also involved in evaluating the professional qualifications of the nominee. __________________, _________________, ____________

18 Other Influences on Nominating Justices
Key ____________________ play a role NAACP NOW The other ____________ on the Court also play a role Write letters of recommendation May contact the president directly on behalf of a candidate Ex. Chief Justice Burger and Harry Blackmun Sandra Day O’Connor and William Rehnquist


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