The Federal Judiciary

1. The Federal Judiciary Chapter 18

2. The National Judiciary • Article III • Allows for the establishment of the Supreme Court • Gives Congress the power to establish the federal courts below the Supreme Court • Federal Courts work closely with the 50 state courts • Two types of Federal Courts • Legislative – hear a narrow range of cases related to the EXPRESSED powers of Congress • Constitutional – Supreme Court, Court of Appeals, District Courts, and several others

3. Jurisdiction is the right to hear a case • Determination of jurisdiction • Subject matter of the case • People involved in the case • Types of jurisdiction • Original - the first court to hear a case • Appellate – courts that can only hear cases whose verdict is being appealed • Exclusive – the only court that can hear a case • Concurrent – involves cases that can be tried in state or federal courts

4. Levels of Federal Courts • Highest Level, created in 1789 when the Constitution went into effect: • Supreme Court • Middle Level, created with the Judiciary Act of 1891 to lift the case burden from the U.S. Supreme Court: Courts of Appeals • Lowest Level, created with the Judiciary Act of 1789: Federal District Courts

5. The Inferior Courts • Includes all Constitutional courts below the Supreme Court • Federal Districts Courts (91 Total) • Are the federal trial courts • Hear about 80% of the federal caseload • Courts of Appeal (13 Total) • Can only hear cases being appealed • Two other inferior courts • Court of International Trade • Court of Appeals for the Federal Circuit

6. The U.S. Supreme Court • Basics • They have the final word on Constitutionality • Judicial Review is the key to their power • Judicial Review is the power to decide if a law is Constitutional • Judicial Review was established with the case of Marbury v Madison, 1803

7. Sessions • Convene • On the first Monday in October • Stay in session through June/July • Hear cases Monday through Thursday • Decision Day is Monday – it’s when they announce their decision to hear a case or their ruling on a case • Jurisdiction • Exclusive • Appellate

8. Opinions • Majority Opinion is the decision of the court. It’s written by one or more of the agreeing justices • Concurring Opinion is held and written by they justice(s) who agree with the majority, but not with how they reached their decision • Dissenting Opinion is held and written by the justices(s) who disagree with the majority opinion

9. The Justices • Appointed by the President • Approved by the Senate • There are 9 total • One Chief Justice • Eight Associate Justices • Term of office for a justice is for life or until he/she retires

10. Chief Justice John Roberts, Jr.

11. Associate Justices in order of Seniority Antonin Scalia Anthony Kennedy

12. Ruth Bader Ginsburg Clarence Thomas

13. Stephen Breyer Samuel Alito

14. ElanaKagan Sonia Sotomayor

15. First African-American Justice was Thurgood Marshall • First Female Justice was Sandra Day O’Connor • First Chief Justice was John Jay • Current Chief Justice is John Roberts, Jr.

16. Special Courts • Also known as Legislative Courts • Jurisdiction involves hearing cases that come from the Congressional exercise of its expressed powers • Other courts to help decide expressed power usage • U.S. Claims Court – you vs. the U.S. • Courts of the District of Columbia – hear cases in Washington, D.C. • Military Court of Appeals – hear court martial cases being appealed

17. U.S. Tax Court – you vs. the IRS • Territorial Courts – hear cases in the U.S. territories such as Guam, the U.S. Virgin Islands, etc., since they are not states • Court of Veterans Appeals – hear cases involving U.S. Veterans who feel they are not receiving the benefits they deserve