Journal
• Looking at the picture below predict how the
American Court system works. (use your
vocabulary words to help explain your
prediction)
Judicial Branch
Some background information
LAWS AND JURISDICTION
Origin of law
• Case law: Court decisions that inform judicial
ruling
• Constitution: outline the structure of the
American government (or state)
• Statutes: laws made by the national or state
government
Jurisdiction
• The authority to hear certain cases is called
jurisdiction of the court.
– Concurrent jurisdiction is when both federal and
state courts have jurisdiction.
– Appellate Jurisdiction: The power to review cases
already decided in lower court
– Limited Jurisdiction: The power to hear only
certain kinds of cases (tax cases)
Types of Courts
• Federal (Supreme Court & inferior federal
courts)
– established by Congress.
• States
– Each state has it’s own courts system
whose power comes from state
constitution and laws.
Federal Courts
The Federal Courts
• Three layers of authority in the
federal court system:
1. The Supreme Court
2. Thirteen Courts of Appeals and the
Court of Appeals for the Federal
Circuit.
3. U.S. District Courts and Specialized
Federal Courts
Federal Court System
District Courts
• 94 courts
• Lowest level of the federal judicial
system
• Trial courts for both criminal/civil
federal cases
• District Courts has original jurisdiction
to hear cases involving
– Constitutional law
– Cases Involving citizens of different states
District
Courts
Federal Court System
Appeals
• If a person who loses a case in a trial court
wishes to appeal a decision, they may
take the case to a court with appellate
jurisdiction.
• Meaning a party may appeal a case from a
district court to a court of appeals
Court of Appeals
• 13 US Courts of Appeals
• Each covers a circuit-a geographic area
containing several district courts
• The Appeals court reviews the details of the
case. DOES NOT HOLD TRIALS!
• If an mistake was found the case will be send
back to the district court for a new trial
Court of
Appeals
District
Courts
Appeals
• Those who are unhappy with the
verdict from the court of appeals, may
appeal to the Supreme Court
Federal Court System
Supreme Court
• Is the highest court in the land
• Receives thousands of appeals every
year but only hears a small percentage
of them
Supreme
Court
Court of
Appeals
District
Courts
Worksheet
• Using your notes from today ,last class and the
reading complete the worksheets in the rest
of your packet
Answer the question on the paper provided
POP QUIZ
Question 1
• When someone is accused of a crime, the type
of case is…..
Question 2
• If you appeal a case, you are going to………
– Appellate court
– Trial Court
– A bench trial
– State court
Question 3
• The court that gets to decide what is
constitutional……
– Court of Appeals
– District Courts
– Inferior courts
– Supreme Court
Question 4
• If the appellate court thinks a decision was
wrong it will….
– Affirm the decision
– Reverse the decision
– Do nothing
Question 5
• If a groups of people gives the verdict after a
trial, that trial was a
– Appeal trial
– Bench trial
– Jury trial
– Evidence
Question 6
• If an appellate court sends a case back to the
trial court, it has
– Affirmed the case
– Not reviewed the case
– Remanded the case
Question 7
• The decision in a case is called the
– Evidence
– Jurisdiction
– Decision
– Verdict
Question 8
• If you break a law of the United States, your
case will probably be in
– Federal court
– State court
Question 9
• At trial, lawyers try to prove their case using
– An appeal
– Verdict
– Affirm
– Evidence
Question 10
• State courts were created by
– The US Constitution
– State constitutions
Journal
You have been elected the new Mayor of Sterling.
Before leaving office, the old mayor gave jobs to
several of his political friends but the paperwork
hasn’t made it to the personnel office yet.
a) Should you 1) honor the jobs promised by the
old mayor, or 2) cancel the jobs since they
aren’t “Officially” in the system yet?
b) What are the possible negatives to denying
these people their jobs? What are the possible
positives to allowing them to take these jobs?
Agenda
• Journal
• Lecture
• Activity-Marbury v. Madison
Objectives
Federal Courts System
Federal Court Jurisdiction
• The Constitution gave federal courts
jurisdiction in cases that involve United
States laws, treaties with foreign
nations.
Federal Courts System
Federal Courts Jurisdiction Cont.
1. Ambassadors and other representatives of
foreign governments
2. Two or more states government
3. United States government or one of it offices or
agencies
4. Citizens who are resident of different states
5. Citizens who are residents of the same state but
claim land under grants of different states
Federal Courts System
Supreme
Court
Court of
Appeals
District
Courts
Special Federal Courts
• Congress has created a series of courts
referred to as legislative Courts.
• Legislative courts help Congress exercise its
power.
– U.S. Court of federal Claims
– U.S. Court of Appeals for the Armed Forces
– U.S. Tax Court
– Territorial Courts
– US Court of Military Appeals
– Foreign Intelligence Surveillance Court
Supreme
Court
Court of
Appeals
District
Courts
Federal Courts System
Special Federal Courts
•
•
•
•
U.S. of Federal Claims Court
U.S. Court of International Trade
U.S. Tax Court
U.S. Court of Appeals for the Armed
Forces
Federal Courts System
The Court of Appeals for
the Federal Circuit
• Court of appeals for the federal
circuit
• National jurisdiction over certain
cases, such as those in which the U.S.
government is a defendant
Selection and Qualification
FEDERAL JUDGES
Federal Courts System
Qualifications
• No specific requirements in the
constitution
• Most have prior experience ( lower or
state courts)
Federal Courts System
Selection of Federal Judges
• All federal judges are appointed by the
president and approved by the senate.
– Senatorial courtesy -allows senators from the
president party to have a say in the
appointment of judges in their state
– Hold position for life (must be in good
standing)
Case Study
Adams appoints new judges…
John Adams signs appointments on his
last night in office.
 Thomas Jefferson is to take over as
President.

Vocabulary
“midnight judges”- what these new
judges were referred to as.
 William Marbury was one of these
“midnight judges.”

When does Madison come into
play?
James Madison, TJs new Secretary of
State, was supposed to officially present
Marbury with his new position…
 But he didn’t!
 So… Marbury sued and appealed to the
Supreme Court to get Madison to award
him the position…

The Verdict.
Supreme Court refuses to grant Marbury
his position!!
 Why?
 A section of the Judiciary Act of 1789
(which set up the federal court system in
the first place) was unconstitutional and
void.

Lasting Impact…
This is the first time the Supreme Court
overturns an act of Congress.
 Checks & balances in action!
 Judicial Review- Supreme Court’s ability
to declare a law or act unconstitutional

Virginia Court Structure