Judicial Branch

Chapter 11 & 12

Types of Federal Courts

• Constitutional Courts– Set up by Congress under Article III of the

Constitution

• Special Courts– Are legislative courts set up by Congress

Divisions of the U.S. Court System

• Supreme Court• Courts of Appeal• District Courts• Court of International

Trade• Court of Military

Appeals

• U.S. Tax Court• Territorial Courts• Courts of District of

Columbia• Court of Veteran’s

Appeals

Jurisdiction

• Authority to hear and decide cases– Subject matter

– Federal laws (federal courts)

– State law (state courts)

Jurisdiction

• Parties- plaintiffs and defendants

• Exclusive- determines where court cases belong

• Concurrent- federal, state, local

• Original- where the case is first heard

• Appellate- next step after the original case

District Courts

• 91 Courts

• 632 Judges

• Judges Salary- $133,000

• Cases heard in District Courts– Bank robbery, kidnapping, mail fraud,

computer fraud, counterfeiting, murder of federal official, treason

District Courts

• These courts use both grand and petit juries

• Judges appointed for life by the President

• Confirmed by the U.S. Senate

• East St. Louis and Benton are the district courts near here

Courts of Appeal

• Formed in 1891

• 12 Courts

• 179 Judges

• Appointed by the President for life, confirmed by the U.S. Senate

• Salary: $141,000

Courts of Appeal

• Any appeal from a lower court in their district

• Hear 25,000 cases a year

• Seventh Circuit Court located in Chicago is the closest

Supreme Court

• Chief Justice- John Roberts– Appointed by George W. Bush in 2006

• Jurisdiction– Original and appellate cases– 3,500-4,000 cases reach the S.C. each year– Half are returned to lower court

• Writ of Certiorari• Writ of Appeal• Writ of Certificate Page 523

Supreme Court at Work

• Sits for nine months of the year

• Opens at 10:00 a.m. (Monday-Thursday)

• Fridays are used to discuss, debate, and write decisions

• Must be six judges which make up a quorum

Supreme Court at Work

• Types of Opinions– Majority (5-4, 6-3, 7-2, 8-1, 9-0)– Dissenting- one judge goes against and writes

an opposing view point– Concurring

Court of International Trade

• Nine judges appointed by the President

• Salary- $133,000

• Courts are in San Francisco, New Orleans, Boston, New York

Court of Appeals

• Federal and Circuit courts

• 12 Judges appointed by the President

• Salary: $133,000

Special Courts- Set up by Congress

• U.S. Claims Court– 16 Judges appointed by President– Hears claims against the government– Salary: $133,000

• Territorial Courts– (2 judges each court) 8 total – Salary: $125,000– Courts located in Virgin Islands, Guam,

Puerto Rico, North Mariana Islands

Special Courts-Set up by Congress

• Courts of District of Columbia– Salary $133,000

• Superior Courts and Court of Appeals– Salary $133,000

• Court of Military Appeals– One Chief Justice and four associate justices

serve for 15 years• Salary: $133,000

Special Courts-Set up by Congress

• Courts of Veteran’s appeals– One chief justice and six associates serve for

15 years– Salary: $125,000

• U.S. Tax Court– One chief justice and 18 associate judges– Hear civil not criminal cases– Salary $133,000

Appointment of Judges, Terms, and Salary

• President appoints all federal judges

• Confirmed by the U.S. Senate

• Appointed for life unless otherwise designated

• Removal by impeachment– Nine have been impeached four have been

found guilty

Federal Court Officials

• Clerk- has custody of the federal seal

• Magistrates- issues warrants, sets bail, may try some cases

• U.S. Attorney- prosecutes the criminals

• U.S. Marshals- issues subpoenas and arrest warrants

• Baliff- keeps order in the court and calls cases

State Court System

• Organized from the lowest to highest court• Justice of the Peace

– Found in small southern towns– Usually elected to a 2-4 year term– Hears very minor cases– Marries people– Pay is usually from fines collected (higher fine

better pay)– No formal qualifications

Magistrates Court

• Found mostly in large cities

• Elected to office for a 2-4 year term

• No formal qualifications, except some states require a law degree

Municipal Court

– night court in large cities

– Many divisions like criminal minor crimes:• Civil, juvenile, small claims, traffic

– Appointed and must have a law degree

General Trial Court

• Judges may be elected or appointed

• Cases tried before a single judge– Hear cases on estates, probates, and affairs

of minors

• Circuit court are the trial courts of the states judges must have a law degree as well as a states attorney elected

Intermediate Appellate Court (State) level

• Called the states appellate court

• Judges may be elected or appointed

• Must have a law degree

• Reviews cases from lower courts and has final say so in most cases

• Mt. Vernon is the nearest state appellate court

State Supreme Court

• Located in Springfield

• 5-7 judges

• ½ are appointed by the Governor and the other half may be elected

• Their decisions are final

• Selection of judges at state levels– Popular election, legislature selects, governor

appoints

Juries

• Grand jury- hears evidence to decide if trial needs to be held

• Petit jury is the trial jury

• Bench trial- is done before a judge with no jury

Make up of a Jury and how it works

• Impaneling- jury is selected from a pool

• Presentment- accusations before the grand jury

• Indictment- formal charge by the grand jury

Make up of a Jury and how it works

• Jury selection – list prepared by county official– Usually taken from the poll book– Today may be done from a drivers’ license– Most jurors are notified by mail– One must show up or be arrested

• d

Jury Selection

• May be excused if– Suffering from an illness– Is a criminal– Is illiterate– Some professionals

• Doctors• Lawyers• Policemen• Firemen

Kinds of State Law

• Law- principle rules of conduct• Constitutional Law- highest form of law in

America• Statutory Law- enacted by legislatures• Administrative Law- rules issued on any level• Criminal Law- defies public wrongs• Civil Law- relates to human behavior• Common Law- written laws or made by judges