The Judicial Branch
Essential Question
How would you describe the structure
and roles of the Judicial Branch?
Lesson Vocabulary
1) Interpret- to explain the meaning of
something
2) Federal Court System- they interpret
the Constitution and hears matters of
federal law.
3) State Court System- they interpret
state constitutions and decide matters of
state law.
Lesson Vocabulary
4) Appeals- apply to a higher court for a
reversal of the decision of a lower court.
5) Criminal case- court proceeding in
which
a person is charged with committing an act
against a community or state
Ex. Murder, burglary, robbery
6) Civil case- a non-criminal lawsuit
Ex: divorce, contract disputes,
copyright cases
The Federal Court System
• Articles of Confederation
• Major Weakness – No Courts
• Each State had its own courts and laws
The Constitution
• Article III of the Constitution
• Created a Supreme Court
• Congress can create inferior courts (courts of
lower authority)
• Judiciary Act of 1789 – created federal district
courts
• Later in 1791 appeals courts
were created
Criminal and Civil Cases
• There are two court systems in the US –
federal and state courts
• Criminal cases – cases in which juries decide
whether people have committed crimes
• Civil cases – cases in which two sides disagree
over some issue
Jurisdiction
• Federal Court Jurisdiction
• Jurisdiction – the authority to hear and decide a case
• Federal courts have jurisdiction in the following areas
• The Constitution – a constitutional right has been violated
• Federal laws and Federal crimes – kidnapping, bank
robbery
• Admiralty and Maritime law
• crimes and accidents on the high
seas
• Controversies between states
• any disagreement between states
The Lower Federal Courts
• District Courts
• Lowest level of the federal court system
• Are where trials are held and lawsuits
begin
• Original jurisdiction – authority to hear
cases for the first time
• Only federal courts is where jury trials are
held
• Each district is a geographic
area – mail fraud, income tax
evasion, bank robbery & treason
Cases
• Civil cases – disputes involving labor
relations, public lands, copyright and
patent laws, and civil rights
• Constitution states – “such Trial shall be
held in the State where the said Crimes
shall have been committed”
US Courts of Appeals
• Also called federal appeals courts
• Jurisdiction – appellate jurisdiction
• Hear only cases which have gone to district
courts or through federal regulatory agencies
• Can only be used if the law was not followed
properly or if procedures were not followed
properly
• Created to ease the work
of the Supreme Court
• There are 12 circuits
or geographic areas
Special Federal Courts
• US Tax Courts – hears appeals dealing
with federal tax laws
• US Court of Federal Claims – citizens who
sue the government for money claims
• US Court of Military Appeals – appeals
court for armed forces (after an individual
has been court – marshaled)
• US Court of International Trade – disputes
arising from tariff and trade laws
The Power of the Supreme Court
• Original jurisdiction
• Preside over trials in cases that involve
diplomats from foreign countries
• Preside over trials where states sue each other
(usually the Supreme Court allows a district
court to hear this)
Judicial Review
• Judicial Review - court may review
any federal or state law to see if it is in
compliance with the Constitution
• One of the most important powers of the
Supreme Court
• If a law is in conflict it will be found
unconstitutional and be nullified
• The Supreme Court is the final authority
on the Constitution
Marbury v. Madison
• Established judicial review in 1803
• President John Adams made some
midnight appointments; Marbury, who was
appointed a justice of the peace, took
James Madison to the
Supreme Court for not
carrying out President
Adams appointments
invoking the Judiciary
Act of 1789
Judicial Review
• Chief Justice John Marshall wrote the
majority opinion turning down Marbury’s
claim and the three basic principles of
judicial review were created:
• The Constitution is the supreme law of the land
• Where there is a conflict between the Constitution
and any other law, the Constitution must be
followed
• The judicial branch has the duty to uphold
the Constitution and nullify or cancel any
law in conflict with the Constitution
• The power of judicial review has become
an important check on any other branch
Supreme Court Justices
• There are currently eight associate justices and one
chief justice
• No set formal qualifications or set number of
justices
• Informal qualifications
• All have been lawyers
• Most have been judges
• Many have been public officials
• W.H. Taft was the only
chief justice to have been
President first
The Supreme Court Process
• Appointment by the President and
approval by the Senate, sworn in by
legislative branch
• The President tries to appoint judges who
share the same ideology, but once
appointed they have no obligation to
follow the President’s line