Ch8 The Judicial Branch
8-2 How Courts Are Organized
Supreme Court
Justices
No Jury
Decisions are final
US courts of Appeal
Appellate jurisdiction
Review lower courts decision
3 decisions-uphold, reverse, remand
DO NOT decide guilt or innocence
-fair trial and rights protected
Can appeal to Supreme Court
District Court-all federal cases begin here
-original jurisdiction –trials are held w/judge,jury,
& witnesses (guilt or innocence is decided)
-94 district courts, at least one for each state
2. Appeals Court
-review lower courts decisions
-appellate jurisdiction
-lawyers appeal when:
-they think the law was applied
incorrectly
-used wrong procedures
-new evidence
-panel of 3 or more judges reviews case
records
-DO NOT decide guilt or innocence
-rule on fair trial and if rights were
protected
-decision is usually final but may
appeal to Supreme Court
-decisions
-uphold original decision
-reverse decision
-remand the case
3. announcing the decision
-judge writes an opinion
-sets a precedent
-does not have the force of
law
4. federal judges
-chief decision makers in the Judicial
Branch
-more than 550 judges
-2/district court
-appeals courts have 6-27 judges
-Supreme Court has 9 justices
-most federal judges serve for life
-job security
-free from public pressure
-can be removed by impeachment
5. selection of judges
-appointed by president
-senate approval
-no specific qualifications
-most judges usually share same political
party, political ideas, and judicial ideas as
president
-senatorial courtesy is usually followed
for district court judges
-presidents submits name of
judicial candidate to the 2 senators
from the candidates state
-if rejected by 2 senators, president
selects another candidate
-if accepted, names goes to senate
for approval
6. other court officials
-clerks
-secretaries
-court reporters
-probation officers
-magistrate for district courts
-take care of judges routine work
-issue court orders (subpoena)
-search warrants
-arrest warrants
-hear preliminary evidence to decide
if a case should be brought to trial
-decide if a person who was
arrested should be released or
held in jail
-may hear minor cases
-U.S. attorney
-governments lawyer
-prosecute people accused of breaking
federal laws
-represent U.S. in civil cases
-appointed to 4 yr. terms by president
w/senate approval
-report to attorney general
-U.S marshal
-make arrests
-collect fines
-take convicted people to prison
-protect jurors
-keep order in federal court
-serve legal papers
-subpoenas
-work for justice department
-appointed by president w/senate
approval