Part B: Notes: Chapter 18
“The Federal Court System”
Section 18.1: “The
National Judiciary”
Homework for tonight:
READ PAGES 506-511
A. The United States represents a dual
court system
1.
The National Judiciary Courts
(The Federal Courts): Court
Systems of the National Government
2. State Court System: most cases are
heard in the State Court System (50
state systems exist)
B. Types of Federal Courts (see diagram
on page 507)
The District Courts: 94 Districts Courts:
Usually is where a federal court case is heard
first; Most district court decisions are final
2. U.S. Court of Appeals: (The Appellate
Courts or the Circuit Courts): 13 Total
Appellate Courts: Hear cases that were
appealed after the district court ‘s decision
3. The U.S. Supreme Court: Highest court of
the land whose decisions must be followed
by both state and federal governments
1.
United States Court System
Pennsylvania’s Federal Districts
The Court of Appeals: Thirteen total
(two are in D.C.)
C. Federal Court Jurisdiction
1. Federal Courts hear cases that involve
constitutional interpretation, state conflicts,
matters pertaining to Federal officers, and
matters pertaining to representatives of
foreign governments
2. Federal Courts have exclusive jurisdiction,
concurrent jurisdiction, original jurisdiction,
and appellate jurisdiction.
The Federal
District
Courts and
Healthcare
States in conflict and the Colorado River
D. Appointing Federal Judges: The
President appoints Federal Judges with
the Senate’s Consent
1. Judges of the Constitutional Courts are
appointed for life
a. Reason: so the judiciary is not
influenced by outsiders
What is the following cartoon saying
about appointing judges?
What does the following political
cartoon imply about Supreme Court
Justices?
2. Removing federal judges: The House
of Representatives can impeach a
judge and the Senate can remove a
judge (the same is true for
impeaching and removing the
President)
E. Judicial Restraint vs. Judicial
Activism: Used by Federal Judges
1. Judicial Restraint: Belief that judges should
always decide cases on the original
content of the Constitution or written law
and the precedents that already exist regarding
a case
a. when this is used, judges shape public
policy less
How does the following cartoon
represent judicial restraint?
2. Judicial Activism: Belief that the law
should be interpreted and applied in
the light of ongoing changes,
conditions, and values in society
a. When this is used, judges shape
public policy more
How does the following cartoon depict
judicial activism?
More Contemporary Judicial Activism
Judicial Activism: Citizens United v. FEC
(2010)
F. Court Officers
1. Clerks of the Federal Courts:
summarize cases, review appeals, and
write the rough drafts of justices’
opinions
a. Appointed by the Federal judges
b. Recommend what cases Federal
judges should hear
2. U.S. Magistrates: At least one exists
in the 94 Federal District Courts
a. Issues warrants of arrest and
hears evidence to decide whether or
not a person who has been arrested
for a federal crime should be held
for action by a grand jury
b. Sets bail in Federal cases
3. U.S. Attorneys: One exists within
each federal district
a. Prosecutes all persons charged with
Federal Crimes
b. Represent the United States in all
civil action brought by or against the
Federal Government in their district
4. U.S. Marshals: one exists within each
federal district
a. Makes arrests in federal criminal cases,
keep accused people in custody and execute
court orders and decisions
 **** N.B:
U.S. Attorneys and
Federal Marshals both answer to the
Attorney General (who is head of
the Justice Department)
 ++++ U.S. Attorneys and Federal
Marshals are members of the Justice
Department
Section 18.2: The Inferior Courts
A. District Courts: 94 District Courts, 3
in Pennsylvania
1. Hear Both criminal cases and civil cases
2. Criminal Cases: Often use grand juries
to issue indictments and trial juries to
determine a defendant’s fate
3. Civil Case: Plaintiff files a suit against a
defendant
4. Most District Court decisions are final
5. District courts usually exercise original
jurisdiction
U.S. District Courts
Pennsylvania’s Federal Districts
B. Courts of Appeals
1. Exist to decrease the amount of cases
that exist in the Supreme Court’s Docket
2. Have only appellate jurisdiction
Title of the 1885 Political Cartoon:
“Our Overworked Supreme Court”
U.S. Court of Appeals
The Supreme Court
Section 18.3: The Supreme Court
 The Supreme Court is the final
authority in any case involving a
question of Constitutional
interpretation, an act of Congress, and
action of the President, or a treaty of
the United States
 Comprises of 8 Associate Justices and 1
Chief Justice (9 total justices)
– Chief Justice: John Roberts
Chief Justice
John Roberts
A. Judicial Review: The Supreme Court
has ultimate exercise of judicial review
1. Judicial Review: the power to decide
the constitutionality of an act of
government, whether executive,
legislative, or judicial
2. Ultimate exercise of judicial review
exists because of the precedent set in
Marbury vs. Madison (1803)
3.
The Court also decides how a law
should be interpreted
B. Supreme Court Jurisdiction: The Supreme Court
has exclusive, original, and appellate jurisdiction
Most cases are heard on appeal in The Supreme
Court
2.
10,000 cases are appealed to the Supreme Court
each year
a. approximately 100 are actually heard by The
Court
b. ‘ Rule of Four’ is used to determine if the
Supreme Court hears a case: At least four of
the nine Supreme Court Justices agree that a
case should be put heard
1.
3. Most cases heard reach The Court
through the use of a writ of cert
a. Writ of cert: a party in a court case
requests the Supreme Court to answer
a Constitutional question or a serious
problem of statutory interpretation.
C. How the Court Operates
-- The Supreme Court hears cases in twoweek cycles from October to early May
1 Part One: The Supreme Court reads a
series of briefs
a. Briefs: written documents given to
the Supreme Court in support of one
side of a case: provided before oral
arguments are given:
b. Amicus curiae briefs: ‘friend of the
court briefs’: briefs filed by persons or
groups who are not actual parties to a case
but who, nonetheless, have a substantial
interest in its outcome.
 c. The Solicitor General: officer of the
Justice Department: often called the Federal
Government’s chief lawyer because he or
she represents the National Government in
the U.S. Supreme Court
– Files amicus curiae briefs: on behalf of
the President: provides the Executive
Branch’s views in different cases

2. Part 2: Oral Arguments: Each litigant
(side) of a case gets 30 minutes to
address their perspective to the Supreme
Court
3. Part 3: The Conference: The Chief
Justice presides over the conference –
Justices share their viewpoints and
develop decisions for a particular case
a. Held in private
b. Approximately one-third of the Court’s
decisions are unanimous: most
decisions of the Court are divided
(1) Reasons why most cases are not
unanimous: all cases are very
controversial
4. Part 4: The Delivery of Opinions:
majority opinions, concurring opinions,
and dissenting opinions exist
 a. Majority opinions are important
because they are used as precedents in
future cases by the lower courts in both
the state and federal government
 b. Majority opinions represent common
law
How is the cartoonist critical of the
Supreme Court?