The Federal Court System
Section 1
The Federal Courts and the Judicial Branch
Chapter 8
The Federal Court System
Main Idea
The Framers created an independent judicial branch as part of the
separation of powers of the national government. At the federal level, the
judicial branch consists of three tiers of courts, each performing a different
function.
Reading Focus
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How is jurisdiction determined in the American court system?
How is the federal court system structured?
How are federal judges appointed?
What is the judicial branch’s role in the system of checks and balances?
The American Court System
A Dual Court System
• Constitution set up federal court system to clarify rulings between state
courts and set national standard.
• Authority of state and federal court systems from different sources:
powers of state courts from state constitutions and state laws; authority
of federal courts from Constitution and federal law
Jurisdiction
• State courts have jurisdiction over state law; federal courts have
jurisdiction over federal law.
• Court that first hears a case has original jurisdiction; if appealed to
another court, that court has appellate jurisdiction.
• Federal courts have exclusive jurisdiction over matters involving U.S.
Constitution
• Cases involving residents of different states and sums above $75,000 fall
under concurrent jurisdiction, both state and federal courts; plaintiff
may file case in either state or federal court
Structure of the Federal Court System
The Constitution left much of the structure of the U.S. federal court system to
the discretion of Congress.
Judiciary Act of 1789
• Outlined three-tiered system
of federal courts; has
remained virtually the same
since original proposal
• Supreme Court is at top;
below are circuit courts,
district courts
District Courts
• Each state must have one
district court
• District courts have original
jurisdiction over most federal
cases
Structure of the Federal Court System
{continued}
Courts of Appeals
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Originally circuit courts, courts of appeals hear appeals from district
courts and some federal agencies
12 circuits with a court of appeals in each circuit
The Supreme Court
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Supreme Court is mainly an appellate court; has original jurisdiction
over some cases as outlined in the Constitution
Court chooses which cases it hears; usually concern issues of
constitutionality
Other Courts
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Some other courts created by Congress, known as Article I courts,
have limited jurisdiction
Appointing Federal Judges
Presidents usually consider four items when nominating a federal judge: legal
expertise, party affiliation, judicial philosophy, and the opinions of the Senate.
Legal Expertise
• Most judges have been lawyers
Party Affiliation
• Presidents usually nominate
judges from their political party
Judicial Philosophy
• Presidents usually nominate
judges with similar judicial
philosophy
• Judicial restraint: judges
interpret Constitution based
on Framers’ original intention
• Judicial activism: meaning
of Constitution should be
adapted to meet modern
needs
• Most judges respect
precedent
Appointing Federal Judges {continued}
Opinions of the Senate
• President consults senators before making judicial nominations
• Tradition of senatorial courtesy: senator from same state as judicial
nominee and same political party as president can block nomination to
federal district court for almost any reason
• Individual senators cannot block nominations to courts of appeals or
Supreme Court
Checks and Balances
Judicial Review
• Primary check the judicial
branch performs on executive
and legislative branches
Checks on the Judiciary
• Appointment process is check
on judiciary by executive and
legislative branches
• Congress has power to
impeach and remove judges
from office
• Amendment process is
legislative check on the
judiciary
Vocabulary
Jurisdiction
The authority to hear and decide
a case
Exclusive Jurisdiction
The sole right to hear a case
Concurrent Jurisdiction
When both state courts and
federal courts have the right to
hear a case
Plaintiff
The person making a legal
complaint
Defendant
The person against whom a legal
complaint is filed
Original Jurisdiction
A court’s right to have heard a
case simply because it was the
first court to hear it
Appellate Jurisdiction
A court’s right to hear a case
once it has been appealed from a
lower court
Vocabulary
Judicial Restraint
The concept that a judge should
interpret the Constitution
according to the Framers’ original
intentions
Judicial Activism
The concept that judges can
adapt the meaning of the
Constitution to contemporary
realities
Precedent
Previous court rulings on a given
legal question
Senatorial Courtesy
Tradition in which a senator from
the same state as a judicial
nominee and from the same
political party as the president
can block the nominee and
expect no opposition from other
senators.