The Judicial Branch
Chapter 8
The Federal Court System
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Supreme Court top court in the US
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Goal is “equal justice for all”
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Accused considered innocent
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Federal court system created in Article III
of the Constitution
Established Supreme Court, gave Congress
power to establish lower federal courts
1789 Judiciary Act, established federal
district courts and circuit courts of appeals
1891 System of appeals courts created
Three levels: District Court, Appeals
Court, Supreme Court
Exists alongside state court systems
The Federal Court System
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Jurisdiction over the following 8 kinds of
cases (courts authority to hear cases)
Cases involving the Constitution
Violations of Federal Laws
Controversies between states
Disputes between parties from different states
Suits involving the federal government
Cases involving foreign gov’t
Cases based on admiralty and maritime laws
Cases involving U.S. diplomats
The Federal Court System
Relation to State Courts
 In some areas federal courts
have exclusive jurisdiction,
state courts have jurisdiction
over all other matters
 Cases heard in either a state or
federal court, concurrent
jurisdiction, they share
jurisdiction
 Someone has broke both federal
and state laws, option to have
the trial in either the federal
court or state court
 Citizens of different states
where $50,000 involved
How Federal Courts Are Organized
U.S. District Courts
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94 District Courts (all states
have at least one district)
Federal courts where trials are
held and lawsuits are begin
All federal cases must begin in
a district court (original
jurisdiction)
Responsible for determining
facts of cases
Trial courts for criminal and
civil cases, only district courts
where witnesses testify and
juries hear cases
How Federal Courts Are Organized
U.S. Courts of Appeals
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Next level of court system
(appellate courts, federal
appeals court)
Review decisions of lower
district courts
Have appellate jurisdiction
Review cases where lower
court applied law incorrectly,
review regulatory agency
rulings
12 U.S. courts of appeals,
geographic area called a
circuit
13TH court, Court of Appeals
for the Federal Circuit, nation
wide jurisdiction (patent law,
international trade)
How Federal Courts Are Organized
Appeals courts do not hold trials
Decide appeals in one of 3 ways
1. uphold the original decision,
2. reverse the decision,
3. remand the case where it must be tried again
 Panel of 3 or more judges review case, listen to arguments
 Announcing the Decision
 One judge writes an opinion (a detailed explanation
behind the decision)
 Sets a precedent for all courts, gives guidance to other
judges hearing similar cases
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How Federal Courts Are Organized
Selection and Tenure of Federal Judges
 President appoints Federal judges,
share his opinion on politics and
issues
 Gives president opportunity to affect
country after he leaves office
 Have to be approved by Senate
 Appointed for life
 Judge only removed through
impeachment, allows judges to make
decisions knowing job is safe
How Federal Courts Are Organized
Other Court Officials
 Magistrate Judges: issue court orders,
hear preliminary evidence, decide
whether case should go to trial,
whether accused should be held or
released
 U.S. Attorneys: gov’t lawyers,
prosecute people accused of breaking
federal laws, represent U.S. in civil
cases; appointed to 4 year terms by
president
 Report to Attorney General
 U.S. Marshals: make arrests, collect
fines, take people to prison, protect
jurors, keep order in courts, serve legal
papers including subpoenas
The United States Supreme Court
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Supreme Court has original jurisdiction in only two instances:
A.
cases involving diplomats from foreign countries,
B.
cases which state is involved
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All other cases come from appeals from lower federal courts
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When it refuses to hear a case, decision from lower court upheld
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8 associate justices led by a chief justice
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Main duty is to hear and rule on cases
United States Supreme Court
The Supreme Court Justices
 Selection of Justices
 President appoints Supreme Court justices, with consent of
Senate
 Chosen based on political views and motives, receive help from
justice department
 Senate has rejected many presidential nominees, doubts on the
candidate’s qualification (1 in 5)
 Background of the Justices
 Always lawyers, been successful judges or lawyers
 First African American justice Thurgood Marshall (1967)
 First female justice Sandra Day O’Connor (1981)
United States Supreme Court
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Judicial Review
Main job of Court- decide whether laws or actions by
gov’t officials are constitutional
Judicial review, power to say whether any federal,
state, or local law against the Constitution
Constitution does not give court power of judicial
review
Court claimed power Marbury v Madison case (1803)
Question over judges appointed by Adams at the end of
his term
Marbury took case to Supreme Court
Chief Justice Marshall ruled Marbury’s claim was
valid (ruled that Judiciary Act gave the court powers it
shouldn’t have and Marbury lost his case)
United States Supreme Court
Three important principles of
judicial review:
1) Constitution is the supreme law
of the land
2) Conflict between the
Constitution and any other law,
Constitution rules
3) The judicial branch has duty to
uphold the constitution
4) Decision helped make the
judicial branch equal in power to
executive and legislative
branches
 Supreme Court also interprets
language of the law
United States Supreme Court
Limits on the Courts’ Power
 Checking the Court
1. Presidents are supposed to follow the court’s
decisions but this has not always happened
 In Worcester v. Georgia (1832)- Jackson refused
to carry out Supreme Court decision
2. Congress can get around Supreme Court ruling
passing new law, changing a law deemed
unconstitutional
3. President can also keep the Court in check by
appointing people to the court who will work with
him
4. Tries to stay away from political questions
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Deciding Cases at the Supreme Court
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How Cases Reach the Court
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Acceptance
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Supreme Court meets October -July
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Each month justices spend 2 weeks
listening to oral arguments, 2 weeks in
recess (writing opinions, studying new
cases
Most cases the Supreme Court receives
are appeals from lower federal court
and state courts
7,000 cases to review a year
Only select those that 4 of 9 justices
agree to review; accepted cases go on
the court docket, or calendar
Justices give a higher priority to the
cases that involve constitutional issues,
civil liberties, cases that affect the
entire country
Deciding Cases at the Supreme Court
1)
Written Arguments
 Brief (written document
explaining side) submitted by
each side that the justices will
study
2)
Oral Arguments
 30 minutes given to each side
to summarize the case, judges
often ask questions
3)
Conference
 Fridays – secret meetings (no
one else is there, and no
minutes kept) – justices
debate the case and decide on
where they stand
Deciding Cases at the Supreme Court
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5)
Opinion Writing
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Opinion states facts and reasoning for the decision
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Set a precedent for lower courts to follow
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Chief Justice determines who will write the opinion,
written opinion sets a precedent for future cases,
communicates Court’s views to the public
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Majority Opinion
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Dissenting Opinion
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Concurring Opinion
Announcement
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Announced after the opinion writing is completed.
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Printed and given to the press and on the court’s website
Reasons for Court Decisions
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The Law
Stare decisis (let the decision stand) following precedent,
makes law predictable
Law can be flexible, courts can overrule outdated precedent
Court decisions can clarify meaning of Constitution
Social Conditions
As society changes court makes changes in the law
1890’s Plessy vs. Ferguson; 1954 Brown vs. Board of
Education
Two different interpretations of the 14th Amendment
Reasons for Court Decisions
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Legal Views
Judges have varying
views on role of courts
Some judges active- want
to hear many types of
cases
Others hesitant to use
court to promote new ideas
and policies
Personal Beliefs
Judges have different
experiences that affect
their viewpoints