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The Judicial Branch. Western Civilization November 5, 2012. The National Judiciary. Why did the founders establish a National Judiciary? What is the structure of the federal court system? What criteria is used to determine jurisdiction? How are federal judges appointed?.
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The Judicial Branch Western Civilization November 5, 2012
The National Judiciary • Why did the founders establish a National Judiciary? • What is the structure of the federal court system? • What criteria is used to determine jurisdiction? • How are federal judges appointed?
Creation of the National Judiciary • Article III of the Constitution establishes the National Judiciary • The Constitution establishes ONLY the Supreme Court, leaving Congress the ability to create inferior courts (lower federal courts) • Created as a tool to settle disputes between states and act as a unifier of the nation • The U.S. Constitution… • Clearly defined treason to limit power of the court • Provided for jury trials to limit power of the court
Federal Court Jurisdiction • Jurisdictionis defined as the authority of a court to hear (to try and to decide) a case. • Article III, Section 2 of the Constitution provides that the federal courts may hear a case because either: • the subject matter or • the parties involved in the case.
Types of Jurisdiction • Exclusive • Cases which can be heard ONLY in federal courts • Concurrent • Cases which can be tried in federal OR state courts • Original • The court in which the case is first heard has Original Jurisdiction • Appellate • The court which hears the case on appeal from a lower court has Appellate Jurisdiction
Appointment of Judges • The President has the power to appoint judges to federal courts • The President appoints Supreme Courts justices as well as federal court judges (in each state) who are subject to Senate approval • Most federal judges are drawn from attorneys, legal scholars, law professors, former members of congress, and state courts
Court Officers Federal judges have many levels of support in order to fulfill their roles: • United States magistrates are appointed by each federal district court judge to handle duties ranging from issuing warrants to setting bail in federal criminal cases. • Each federal district judge appoints one bankruptcy judge for their district. • The President nominates, and the Senate approves, a United States attorney for each federal judicial district. • The President and the Senate also select a United States marshal to serve each of the district courts. Marshals act much like sheriffs in regard to federal crime
Inferior Courts • What is the structure and jurisdiction of the federal district courts? • What is the structure and jurisdiction of the federal courts of appeals? • What is the structure and jurisdiction of other constitutional courts?
The District Courts • Federal Judicial Districts • 94 Federal Judicial Districts in the United States • At least 1 in each state • District Court Jurisdiction • Have Original Jurisdiction over most federal cases • Hears criminal and civil cases • A criminal case, in the federal courts, is one in which a defendant is tried for committing some action that Congress declared by law to be a federal crime. A federal civil case is one which involves noncriminal matters.
The Courts of Appeal • Created in 1891to ease the burden on the Supreme Court • Appellate Court Judges • 179 Judges sit in 12 appeals courts • A Supreme Court justice is assigned to each circuit • Appellate Court Jurisdiction • Only have Appellate Jurisdiction, meaning they only hear cases on appeal from lower courts
Constitutional Courts • Court of International Trade • Hears civil cases arising out of tariff and trade-related law • The Court of Appeals for the Federal Circuit • Nation-wide jurisdiction • Most cases arise from 3 places: • U.S. Court of International Trade • U.S. Court of Federal Claims • U.S. Court of Appeals for Veterans Claims
Supreme Court Jurisdiction • The Supreme Court has both original and appellate jurisdiction. • Original Jurisdiction • Cases involving 2+ states • Cases involving ambassadors or public ministers • Hears only 1-2 Original Jurisdiction cases each year • Appellate Jurisdiction
Judicial Review • Power of the court to determine the constitutionality of a government action • The Supreme Court first asserted this power in Marbury v. Madison (1803) • How did this case change how the Supreme Court was involved in government?
How Cases Reach the Supreme Court • 4 out of 9 justices must agree that a cases should be heard by the Supreme Court • Writ of Certiorari • An order to a lower court to send a record of a case for the Supreme Court to review • Certificate • A lower court asks the Supreme Court to certify the answer to a specific question
How the Supreme Court Operates • Briefs • Briefs are written documents filed with the Court before oral arguments begin. • Oral Arguments • Once the Supreme Court accepts a case, it sets a date on which lawyers on both sides will present oral arguments. • The Court in Conference • The Chief Justice presides over a closed-door conference in which justices present their views on the case at hand.
Opinions of the Court Once the court finishes its conference, it reaches a decision and opinions are written by each side
