The Federal Courts and the Judicial Branch
Section 1 at a Glance
The Federal Court System
• The United States has a dual court system.
• The Judiciary Act of 1789 organized the federal courts into
three tiers. Today these tiers consist of the district courts, the
courts of appeals, and the Supreme Court.
• Through its powers of judicial review, the judicial branch plays
a critical role in the system of checks and balances.
The Federal Courts and the Judicial Branch
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
• S
• Court that first hears a case has original jurisdiction; if appealed to another
court, that court has appellate jurisdiction.
• F
• 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
The Federal Courts and the Judicial Branch
Structure of the Federal Court System
T
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
The Federal Courts and the Judicial Branch
Structure of the Federal Court System
(cont’d.)
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
• S
• C
Other Courts
• Some other courts created by Congress, known as Article I courts, have
limited jurisdiction
The Federal Courts and the Judicial Branch
The Federal Courts and the Judicial Branch
Appointing Federal Judges
P
Legal Expertise
Judicial Philosophy
• Most judges have been lawyers
• 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
Party Affiliation
• Presidents usually nominate judges
from their political party
The Federal Courts and the Judicial Branch
Appointing Federal Judges (cont’d.)
Opinions of the Senate
• P
• 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
• I
The Federal Courts and the Judicial Branch
Checks and Balances
Judicial Review
• P
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