Judicial Branch
Transcript of Judicial Branch
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
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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