How does the Constitution
define the powers of the
federal courts, and how are
the various courts related to
one another?
Jurisdiction of the Courts
• Parallel systems of federal and state courts
• Federal Court System: Derive Power from the
Constitution and federal laws
• Supreme Court
• Lower Federal Courts
• State courts = jurisdiction over cases involving state
laws
• Federal courts = jurisdiction over cases involving
federal laws.
3 Types of Jurisdiction
1. Concurrent jurisdiction: Both federal and state
courts have jurisdiction.
2. Original jurisdiction: Trial court is where the case
was originally tried.
3. Appellate jurisdiction: If someone loses a case in
a trial court and wish to appeal their decision to an
Appellate Court.
The trial court in which a case is originally
tried is said to have
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A
B
C
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D
C
A
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A.
B.
C.
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D.
B
A. primary jurisdiction.
B. original jurisdiction.
C. appellate jurisdiction.
D. concurrent
jurisdiction.
Developing Supreme Court Power
• Certain principles were established early in the
Supreme Court’s history:
 The courts must wait for litigants, or people
engaged in a lawsuit, to come before them.
 Federal courts only decide cases involving actual
conflicts between two or more people.
Landmark Supreme Court Cases
• Marbury v. Madison (1803):
 Established Judicial Review - the power to
determine whether a law or government action is
constitutional.
• McCulloch v. Maryland (1819):
 Established that the federal government was
“supreme in its sphere of action.”
Landmark Supreme Court Cases (cont.)
• Gibbons v. Ogden (1824):
 Court broadened the definition of interstate
commerce in a way that increased the power of
the federal government.
• Dred Scott v. Sandford (1857):
 Court declared that African Americans could not
be citizens and that the Missouri Compromise of
Congress was unconstitutional.
Landmark Supreme Court Cases (cont.)
• Plessy v. Ferguson (1896):
 Established the “separate but equal” doctrine,
which held that if facilities for both races were
equal, they could be separate.
• Brown v. Board of Education of Topeka (1954):
 Court outlawed segregation in public schools,
over-ruling Plessy.
The individuals engaged in a lawsuit are
called
A. lawyers.
B. judges.
C. litigants.
D. defendants.
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A
A.
B.
C.
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D.
B
A
B
C
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D
C
0%
D
Due Process
• Reconstruction Amendments:
• 13th, 14th, and 15th Amendments (Post Civil War)
• Intended to ensure the rights and liberties of newly
freed African-Americans (Freedmen)
• 14th Amendment contains the due process clause,
which says that no state may deprive any person of
life, liberty, or property without due process of law.
The part of the Fourteenth Amendment
which says that no state may deprive any
person of life, liberty, or property without
due process of law is called the
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B
A. A
B. B
C. C
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D. 0%D
A
A. Bill of Rights.
B. anti-slavery clause.
C. liberty clause.
D. due process clause.
Content Vocabulary
• grand jury
• indictment
• petit jury
• judicial circuit
• senatorial courtesy
Academic Vocabulary
• network
• sufficient
• panel
Reading Strategy
As you read, create a graphic organizer to list
the possible effects when a person loses a
case in a district court.
Which of these legislative courts exerts the
greatest impact on private U.S. citizens?
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C
A
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A. A
B. B
C.0%C
B
A. The U.S. Court of
Federal Claims
B. the Tax Court
C. the Foreign
Intelligence
Surveillance Court
Constitutional Courts
• Courts established by Congress under the
provisions of Article III of the Constitution
are constitutional courts.
• These courts include the federal district
courts, the federal courts of appeals, and
the United States Court of International
Trade.
• United States district courts are the trial
courts for both criminal and civil federal
cases.
Constitutional Courts (cont.)
• District courts use two types of juries in
criminal cases:
– A grand jury, which usually includes 16 to
23 people, hears charges against a person
suspected of having committed a crime.
• If a grand jury believes sufficient
evidence exists to bring the person to
trial, it issues an indictment—a formal
accusation charging a person with a
crime.
Constitutional Courts (cont.)
– A petit jury, which usually consists of 6
or 12 people, is a trial jury.
• Many appointed officials provide support
services for district courts, including:
– a U.S. attorney
– deputy clerks
– a U.S. magistrate
– bailiffs
– a bankruptcy judge
– a stenographer
– a U.S. marshal
Constitutional Courts (cont.)
• The appellate level includes 13 United
States courts of appeals.
• The U.S. is divided into 12 judicial
circuits, or regions, with 1 appellate court
in each circuit.
• The thirteenth court is a special appeals
court with national jurisdiction.
Federal Judicial Circuits and Districts
Constitutional Courts (cont.)
• The courts of appeals may decide an
appeal in one of three ways:
– uphold the original decision;
– reverse that decision; or
– send the case back to the lower court to
be tried again.
A formal accusation charging a person with
a crime is called
A. an appeal.
B. a litigant.
C. a ruling.
D. an indictment.
0%
A
A.
B.
C.
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D.
B
A
B
C
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D
C
0%
D
Legislative Courts
• Congress has created a series of courts
called the legislative courts that help
Congress exercise its powers.
• The U.S. Court of Federal Claims is a
court of original jurisdiction that handles
claims against the United States for money
damages.
Legislative Courts (cont.)
• Congress established the Tax Court in
1969 to hear cases from citizens who
disagree with the Internal Revenue
Service or other Treasury Department
agencies about their federal taxes.
• Congress has created a territorial court
system for the Virgin Islands, Guam, the
Northern Mariana Islands, and Puerto Rico
that are roughly similar to district courts in
how they operate.
Legislative Courts (cont.)
• Because the District of Columbia is a
federal district, Congress has developed a
judicial system for the nation’s capital.
• In 1988 Congress created the United
States Court of Appeals for Veterans to
hear appeals from the Board of Veterans’
Appeals in the Department of Veterans
Affairs.
Legislative Courts (cont.)
• Congress created the Foreign Intelligence
Surveillance Court in 1978 as part of the
Foreign Intelligence Surveillance Act.
The group of courts created by Congress to
help it exercise its power is called
0%
D
A
B
C
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D
C
A
0%
A.
B.
C.
0%
D.
B
A. the grand jury.
B. the petit jury.
C. the legislative courts.
D. the judicial circuits.
Selection of Federal Judges
• Article II, Section 2, of the Constitution
provides that the president, with the advice
and consent of the Senate, appoints all
federal judges.
• Presidents favor judges who belong to
their own political party.
Judicial Appointments to the Federal Courts
Selection of Federal Judges (cont.)
• Because judges are appointed for life,
presidents view judicial appointments as a
means of perpetuating their political views
even after they have left office.
• Under the senatorial courtesy system, a
president submits the name of a judicial
candidate to the senators from the
candidate’s state before submitting it for
formal Senate approval.
Judicial Appointments to the Federal Courts
The Constitution provides that the president
appoints all federal judges with the advice
and consent of
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B
C
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C
A.
B.
C.
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D.
B
0%
A
A. the Supreme Court.
B. the House of
Representatives.
C. the Senate.
D. the vice president.
Supreme Court Jurisdiction
• Article III, Section 2, of the Constitution addresses two
types of cases in which the Supreme Court has
original jurisdiction:
1. Cases involving representatives of foreign govt.
2. Cases in which a state is a party
• The Supreme Court can also hear cases appealed
from the highest court of a state if claims under
federal law or the Constitution are involved.
Supreme Court Justices
• Supreme Court = nine justices
• Chief Justice of the United States and eight
associate justices.
• 3 decision-making tasks of the court:
1. Deciding which cases to hear from among the
thousands appealed to the Court each year
2. Deciding the case itself
3. Giving an explanation for the decision, called the
Court’s opinion
Supreme Court Justices (cont.)
• Chief Justice’s responsibilities:
• Presides over sessions and conferences at which
the justices discuss cases
• Assigns the writing of the Court’s opinion to one of
the justices who voted for the ruling
• Helps administer the federal court system
• The Court’s law clerks assist the justices with many
tasks, enabling the justices to concentrate on their
pressing duties.
Appointing Justices
• Appointed by the president with Senate approval
• Presidents prefer to nominate a candidate whose
political beliefs are similar to their own
• American Bar Association:
• Evaluates the professional qualifications of
candidates for all Article III judicial positions—the
Supreme Court, the United States Courts of
Appeals, and the United States District Courts.
What body evaluates the professional
qualifications of candidates for all Article III
judicial positions?
A. the Supreme Court
B. the appellate court
C. the American Bar
Association
D. the U.S. District
Courts
0%
A
A.
B.
C.
0%
D.
B
A
B
C
0%
D
C
0%
D
Lower Federal Courts: Constitutional courts
• Established by Congress under the provisions
of Article III of the Constitution
• Include federal district courts, federal courts
of appeals, and United States Court of
International Trade
Lower Federal Courts: Legislative courts
• Created by Congress under provisions in
Article I of the Constitution to help Congress
carry out its powers
• Include United States Tax Court, U.S. Court of
Appeals for the Armed Forces, Court of
Appeals for Veterans, and others
The Supreme Court
• Original jurisdiction in cases involving
representatives of foreign countries and certain
cases in which a state is a party
• Appellate jurisdiction in cases that are appealed
from lower courts of appeals or from a state’s
highest court, as well as certain cases from
federal district courts in which an act of Congress
was held unconstitutional
• Justices appointed by president with Senate
approval
Development of Supreme Court Power
• 1801–1883: Marshall Court extended power
of Supreme Court and strengthened federal
power over the states
• 1803: Marbury v. Madison established power
of judicial review
• 1953–1969: Warren Court adopted a more
liberal view on civil rights and public-policy
issues
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