The Judicial Branch
Chapter 14
The Federal Court System
The American Court Structure
The U.S. has a dual court system.
dual court
One system of state and local courts and another
system of federal courts.
The American Court Structure
The court’s jurisdiction is set by law and
limited by territory and type of case.
Jurisdiction: The authority of a court to hear and
decide cases.
Original jurisdiction – hear the case first (criminal or
civil)
Appellate jurisdiction – review cases from lower courts
involving questions or law or procedure
The Federal Courts
The authority for the federal court system is in
the Constitution. The system, and its
jurisdiction & size is created/monitored by
Congress and includes:
• The Supreme Court
• The federal Courts of Appeals (circuit
courts)
• The federal District Courts
United States District Courts
• Trials in federal district court are usually
heard by a judge & jury.
• Both civil & criminal cases can be filed
• Federal criminal cases involve:
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Bank robbery
Identity Theft
Counterfeiting
Mail fraud
Kidnapping
Civil rights abuses
Maritime & Admiral law
Circuit Courts of Appeals
A party that loses a case in district court may
appeal to a Federal Circuit Court of Appeals,
or in rare cases, directly to the U.S. Supreme
Court.
When appealing to the S.C., a party petitions
the Court for a writ of certiorari or “cert.” The
S.C. then requests the transcripts &
documents from all previous trials.
Circuit Courts of Appeals
• 13 Circuit courts of appeals review a case for
procedural errors & interpretations of law, not fact
(11 districts + D.C. + federal circuit)
• Normally, three judges sit as a panel to hear cases.
Jury trials are not allowed.
• “En banc” cases involve all judges hearing a case
together. Most often, it is to review a previous
decision made by the panel.
• “Per curiam” decisions are those that are not signed
by individual judges.
• Virginia is in the Fourth Circuit with WV, NC, SC, &
MD - located in Richmond, VA
The United States Supreme Court
• Final arbiter of federal laws, Constitution &
treaties (appellate jurisdiction)
• The court may hear cases:
 Appealed from federal courts of appeal,
directly from district courts or from the high
court of a state, if claims under federal law
or the Constitution are involved
 The court has original jurisdiction for cases
involving state v. state, fed. gov. v. state or
foreign diplomats/country
The United States Supreme Court
The U.S. Supreme Court is composed of:
•A chief justice & eight associate justices (since
1869 Circuit Judges Act)
•Justices have life tenure & are appointed by the
president and affirmed by Senate after hearings
with Judiciary Committee.
•Life tenure to insulate Justices from political arena
of elections & from undue influence of those who
might reappoint them.
•Justices can be impeached by Congress.
The United States Supreme Court
• At least four justices must vote to hear the case
– rule of four (law clerks play a role here)
• If accepted, S.C. requests writ of certiorari
ordering lower court to send up the case records
• In general, they choose cases that have broad
national significance, involve civil rights or
liberties, or appeal to ideology of justices
• U.S. solicitor general represents U.S. in S.C. &
70-80% of the fed. gov. cases are accepted
• Cases set precedents for law
The United States Supreme Court
When the court decides a case, it can:
• Affirm the decision of lower court -“let it stand” – stare
decisis – this is a measure of policy-making (restraint –
stare decisis v. activism – if overturning)
• Modify the decision of the lower court, without totally
reversing it (multiple issues are involved)
• Reverse the decision of the lower court, requiring no
further court action
• Reverse the decision of the lower court & remand the case
to the court of original jurisdiction, for either retrial or resentencing
Politics & The U.S. Supreme Court
•Litmus Test: Most presidents seek to appoint justices who share
their policy preferences, taking into account whether they are strict
or loose constructionists of the Constitution based on previous
judicial experience & actions; Senate Judiciary Committee conducts
litmus tests during appointment process too
•Most presidents recognize Senatorial Courtesy – unwritten
custom whereby president consults with the senior Senator of
her/his party regarding an appointment to district court in that state
•Designed to be more independent of public opinion, but rulings
rarely deviate far from prevalent opinion
•Appointed for life, control their docket, no demotions, appointed,
not elected & public has limited access to Court proceedings
•Rely on public officials to execute decisions, appointment &
confirmation tend to be public today, impeachment, Congress can
change jurisdiction & #, concern for reputation, credibility, etc.
Judicial Activism v. Restraint
Judicial decision making is based on the Constitution & the
reading of various statutes & precedents. Determining
what the framers meant often appears to be based on an
individual jurist’s philosophy.
Activism v. restraint debate:
• Advocates of restraint argue that the courts should be
less involved in policymaking, they are appointed, not
elected, hence other branches or states should be
policymakers. (cite Roe v. Wade)
• Advocates of activism argue that judges should use
their powers broadly, especially in the areas of
equality & personal liberty, interpreting the
Constitution loosely. (cite Brown v. Board of Ed.)