SECTION 1

The Federal Court The Federal Court SystemSystem

12.4 Students analyze the unique roles and 12.4 Students analyze the unique roles and responsibilities of the three branches of responsibilities of the three branches of government as established by the U.S. government as established by the U.S. Constitution. Constitution.

.5 Discuss Article III of the Constitution as it relates to .5 Discuss Article III of the Constitution as it relates to judicial power, including the length of terms of judicial power, including the length of terms of judges and the jurisdiction of the Supreme Court. judges and the jurisdiction of the Supreme Court.

.6 Explain the processes of selection and confirmation of .6 Explain the processes of selection and confirmation of Supreme Court justices. Supreme Court justices.

SECTION 2

Objective: Objective: Discuss Article III of the Constitution as Discuss Article III of the Constitution as it relates to judicial power, including the jurisdiction it relates to judicial power, including the jurisdiction

of the Supreme Court.of the Supreme Court. Pair SharePair Share What is the highest court in the land?What is the highest court in the land? What does jurisdiction mean?What does jurisdiction mean? What article in the Constitution sets up the What article in the Constitution sets up the

judicial branch?judicial branch? How many Supreme Court justices are How many Supreme Court justices are

there?there? What is a term for a Supreme Court What is a term for a Supreme Court

justice?justice? Who nominates justices and who confirms Who nominates justices and who confirms

them?them?

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Creation of a National JudiciaryCreation of a National Judiciary The Framers created the national judiciary in The Framers created the national judiciary in Article IIIArticle III

of the Constitution.of the Constitution. There are There are two court systemstwo court systems in the United States: the in the United States: the

national judiciarynational judiciary that spans the country, and the that spans the country, and the courts run by each of the 50 Statescourts run by each of the 50 States..

The Constitution created the The Constitution created the Supreme CourtSupreme Court and left and left Congress to establish the Congress to establish the inferior courtsinferior courts—the lower —the lower federal courts. There are two types of federal courts: federal courts. There are two types of federal courts: (1) constitutional courts and (2) special courts.(1) constitutional courts and (2) special courts.

SECTION 4

Types of Federal CourtsTypes of Federal Courts The Constitution created only the Supreme Court, giving Congress the The Constitution created only the Supreme Court, giving Congress the

power to create any lower, or “inferior,” courts as needed.power to create any lower, or “inferior,” courts as needed.

SECTION 5

Federal Court JurisdictionFederal Court Jurisdiction JurisdictionJurisdiction is defined as the authority of a court to hear (to is defined as the authority of a court to hear (to

try try and to and to decidedecide) a case.) a case. Article III, Section 2 of the Constitution provides that the Article III, Section 2 of the Constitution provides that the

federal courts may hear a case because either:federal courts may hear a case because either: (1) the (1) the subjectsubject matter (what is the case about?) matter (what is the case about?)

Application or interpretation of any Application or interpretation of any Federal LawFederal Law and the Constitution and the Constitution Matters pertaining to the Matters pertaining to the seasea

(2) the (2) the partiesparties involved in the case. involved in the case. United States official or agencyUnited States official or agency Foreign officialsForeign officials State vs. State, or citizens from different StatesState vs. State, or citizens from different States American citizen suing a foreign government/officialAmerican citizen suing a foreign government/official Citizen of one state Citizen of one state

SECTION 6

Types of JurisdictionTypes of Jurisdiction Exclusive and Concurrent Exclusive and Concurrent

JurisdictionJurisdiction Some cases can only be Some cases can only be

heard in federal courts. In heard in federal courts. In that case, federal courts that case, federal courts have have exclusive exclusive jurisdictionjurisdiction.. ((Federal crimes, Federal crimes, patents, foreign officialspatents, foreign officials ) )

Many cases may be tried in a Many cases may be tried in a federal courtfederal court or a or a State State court. court. In such an instance, the In such an instance, the federal and State courts have federal and State courts have concurrent jurisdictionconcurrent jurisdiction..

Original and Appellate Original and Appellate JurisdictionJurisdiction

A court in which a case is first A court in which a case is first heard is said to have heard is said to have original original jurisdictionjurisdiction over that case. over that case.

A court that hears a case on A court that hears a case on appeal from a lower court has appeal from a lower court has appellate jurisdictionappellate jurisdiction over over that case.that case.

The Supreme CourtThe Supreme Court exercises exercises both original and appellate both original and appellate jurisdiction.jurisdiction.

SECTION 7

Appointment of JudgesAppointment of Judges

The power to appoint judges to federal The power to appoint judges to federal courts falls on the courts falls on the PresidentPresident..

The The President nominates Supreme CourtPresident nominates Supreme Court justices, as well as federal court judges, justices, as well as federal court judges, who are then subject to the approval of who are then subject to the approval of the the SenateSenate. .

Most federal judges are drawn from the Most federal judges are drawn from the ranks of leading attorneys, legal scholars ranks of leading attorneys, legal scholars and law school professors, former and law school professors, former members of Congress, and State courts.members of Congress, and State courts.

SECTION 8

The Federal Court SystemThe Federal Court System

SECTION 9

Terms and Pay of JudgesTerms and Pay of Judges

Judges appointed to the constitutional courts, Judges appointed to the constitutional courts, including the Supreme Court, are appointed for including the Supreme Court, are appointed for life.life.

Judges of constitutional courts may only be Judges of constitutional courts may only be removed by their own will or through removed by their own will or through impeachmentimpeachment. . Only 13 federal judges have ever been impeached, Only 13 federal judges have ever been impeached, and of them, seven were convicted.and of them, seven were convicted.

Judges who sit in the Judges who sit in the special courtsspecial courts are appointed are appointed for terms varying from 4 to 15 years.for terms varying from 4 to 15 years.

CongressCongress determines determines salaries salaries for federal judges. for federal judges. (current salary of Supreme Court justices = (current salary of Supreme Court justices = $208,000)$208,000)

SECTION 10

Activity: You Be the JudgeActivity: You Be the Judge

SECTION 11

Objective: Discuss Article III of the Objective: Discuss Article III of the Constitution as it relates to judicial Constitution as it relates to judicial power, including the courts of appeal.power, including the courts of appeal.

Pair Share:Pair Share: There is no There is no liberty, if the power of liberty, if the power of judging be not separated judging be not separated from the legislative and from the legislative and executive powers.executive powers. What do What do you think this quote you think this quote means? means?

SECTION 12

The District CourtsThe District CourtsFederal Judicial DistrictsFederal Judicial Districts

The The 94 94 federal judicial federal judicial districts include at least districts include at least one district in each one district in each StateState, , the District of Columbia, the District of Columbia, and Puerto Rico. and Puerto Rico.

Larger and more populous Larger and more populous States are divided into States are divided into two or more districts, two or more districts, reflecting the larger reflecting the larger amount of judicial work amount of judicial work done there.done there.

District Court JurisdictionDistrict Court Jurisdiction District courts have District courts have original original

jurisdictionjurisdiction over most cases that over most cases that are heard in federal courts. are heard in federal courts.

The district courts hear a wide The district courts hear a wide range of range of criminal casescriminal cases and and civil civil casescases. .

A criminal case, in the federal A criminal case, in the federal courts, is one in which a courts, is one in which a defendant is tried for defendant is tried for committing some action that committing some action that Congress declared by law to be Congress declared by law to be a a federal crimefederal crime. A federal civil . A federal civil case is one which involves case is one which involves non-non-criminal criminal matters.matters.

SECTION 13

The Courts of AppealsThe Courts of Appeals

Appellate Court JudgesAppellate Court Judges Altogether, Altogether, 179 179 circuit circuit

judges sit in the judges sit in the 1212 appeals courts. appeals courts.

A Supreme Court A Supreme Court justice is also assigned justice is also assigned to each of the circuits.to each of the circuits.

Appellate Court Appellate Court JurisdictionJurisdiction

The courts of appeals The courts of appeals only have only have appellateappellate jurisdiction, hearing jurisdiction, hearing cases on appeal from cases on appeal from lower federal courts.lower federal courts.

The courts of appeals were created in 1891 to handle much of the burden that the Supreme Court faced in

ruling on appealed cases.

SECTION 14

How Federal Cases Are How Federal Cases Are AppealedAppealed

SECTION 15

Read aloud: Read aloud: Let’s Take Let’s Take This Baby Up!This Baby Up!

Pairs: complete Pairs: complete worksheet: worksheet: Appellate Appellate Courts: Define!Courts: Define!

SECTION 16

Pair-SharePair-Share1. Describe the 1. Describe the

people, words and people, words and objects you see in objects you see in the cartoon.the cartoon.

2. Describe the action 2. Describe the action taking place.taking place.

3. What is the 3. What is the cartoonist’s cartoonist’s opinion on this opinion on this issue?issue?

4. What special 4. What special interest groups interest groups would agree or would agree or disagree with the disagree with the cartoon.cartoon.

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Supreme Court JurisdictionSupreme Court Jurisdiction

The The Supreme CourtSupreme Court has both has both originaloriginal and and appellateappellate jurisdiction. jurisdiction.

The Court has original jurisdiction over The Court has original jurisdiction over cases involving cases involving two or more Statestwo or more States and all cases brought against and all cases brought against ambassadors or other public ministers.ambassadors or other public ministers.

Most cases heard by the Court are Most cases heard by the Court are appeals cases.appeals cases. The Court hears only The Court hears only one to two cases in which it has one to two cases in which it has original jurisdiction per year. original jurisdiction per year.

SECTION 18

How Cases Reach the Supreme CourtHow Cases Reach the Supreme CourtFor a case to be heard by the Court, four of nine judges must

agree that it should be placed on the Court’s docket.

Writ of CertiorariWrit of Certiorari Most cases reach Most cases reach

the Court via the Court via writ writ of certiorariof certiorari, an , an orderorder to a lower to a lower court to send a court to send a record in a given record in a given case for its review.case for its review.

CertificateCertificate Cases can reach Cases can reach

the Court by the Court by certificatecertificate when a when a lower court asks for lower court asks for the Court to the Court to certify certify the answerthe answer to a to a specific question in specific question in the matter.the matter.

SECTION 19

Appealing a Case to the Supreme CourtAppealing a Case to the Supreme Court

Chapter 18, Section 3Chapter 18, Section 322 4411

SECTION 20

How the Supreme Court OperatesHow the Supreme Court OperatesOral ArgumentsOral Arguments

• Once the Supreme Court accepts a case, it Once the Supreme Court accepts a case, it sets a date on which sets a date on which lawyers lawyers on both sides on both sides will present oral arguments.will present oral arguments.

BriefsBriefs• Briefs are Briefs are written documentswritten documents filed with the filed with the

Court before oral arguments begin.Court before oral arguments begin.

The Court in ConferenceThe Court in Conference• The Chief Justice presides over a closed-door The Chief Justice presides over a closed-door

conference in which justices conference in which justices present their present their viewsviews on the case at hand. on the case at hand.

SECTION 21

Judicial PhilosophiesJudicial Philosophies judicial restraintjudicial restraint Judges should always try to decide cases on the Judges should always try to decide cases on the

basis of basis of (1) original intent of those who wrote the constitution or (1) original intent of those who wrote the constitution or

enacted the statute and enacted the statute and (2) precedent – in line with previous decisions in similar (2) precedent – in line with previous decisions in similar

cases.cases.

(Rehnquist Court)(Rehnquist Court)

judicial activismjudicial activismJudges should act more boldly. The law should be Judges should act more boldly. The law should be

interpreted and applied in the light of ongoing interpreted and applied in the light of ongoing changes in conditions and values changes in conditions and values

(Warren Court)(Warren Court)

SECTION 22

Opinions of the CourtOpinions of the Court

Majority OpinionThe majority opinion, formallycalled the Opinion of the Court,announces the Court’s decision in acase and its reasoning on which it isbased.

PrecedentsThe majority opinions stand asprecedents, or examples to befollowed in similar cases as theyarise in the lower courts or reach theSupreme Court.

Concurring OpinionsConcurring opinions aresometimes authored by justices toadd or emphasize a point that wasnot made in the majority opinion.

Dissenting OpinionsDissenting opinions are oftenwritten by those justices who do notagree with the Court's majorityopinion.

Once the Court finishes its conference, it reaches a decision and its opinion is written.

SECTION 23

The Current Supreme CourtThe Current Supreme Court

John Roberts Antonin ScaliaSonia Sotomayor

Anthony Kennedy

David Souter

Clarence Thomas

Ruth Bader Ginsberg Stephen Breyer Samuel Alito

SECTION 24

SECTION 25

The Supreme CourtThe Supreme Court

SECTION 26

1. Describe the 1. Describe the people, words and people, words and objects you see in objects you see in the cartoon.the cartoon.

2. Describe the action 2. Describe the action taking place.taking place.

3. What is the 3. What is the cartoonist’s cartoonist’s opinion on this opinion on this issue?issue?

4. What special 4. What special interest groups interest groups would agree or would agree or disagree with the disagree with the cartoon.cartoon.

SECTION 27

1. Describe the 1. Describe the people, words and people, words and objects you see in objects you see in the cartoon.the cartoon.

2. Describe the action 2. Describe the action taking place.taking place.

3. What is the 3. What is the cartoonist’s cartoonist’s opinion on this opinion on this issue?issue?

4. What special 4. What special interest groups interest groups would agree or would agree or disagree with the disagree with the cartoon.cartoon.

SECTION 28

1. Describe the 1. Describe the people, words and people, words and objects you see in objects you see in the cartoon.the cartoon.

2. Describe the action 2. Describe the action taking place.taking place.

3. What is the 3. What is the cartoonist’s cartoonist’s opinion on this opinion on this issue?issue?

4. What special 4. What special interest groups interest groups would agree or would agree or disagree with the disagree with the cartoon.cartoon.

SECTION 29

1. Describe the 1. Describe the people, words people, words and objects and objects you see in the you see in the cartoon.cartoon.

2. Describe the 2. Describe the action taking action taking place.place.

3. What is the 3. What is the cartoonist’s cartoonist’s opinion on this opinion on this issue?issue?

4. What special 4. What special interest groups interest groups would agree or would agree or disagree with disagree with the cartoon.the cartoon.

SECTION 30

Objective: Objective: Discuss Article III of the Discuss Article III of the Constitution as it relates to judicial Constitution as it relates to judicial power, including the power of Judicial power, including the power of Judicial ReviewReview..

Read and highlight: Read and highlight: Judicial ReviewJudicial ReviewBe prepared to discuss Be prepared to discuss the questionsthe questions

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Judicial ReviewJudicial Review

Judicial review refers to the power of a Judicial review refers to the power of a court to determine the court to determine the constitutionalityconstitutionality of of a government action.a government action.

The Supreme Court first asserted its power The Supreme Court first asserted its power of judicial review in the case of of judicial review in the case of MarburyMarbury v. v. MadisonMadison (1803). (1803).

SECTION 32

Objective: Objective: Discuss Article III of the Discuss Article III of the Constitution as it relates to judicial power, Constitution as it relates to judicial power,

including the power of Judicial Reviewincluding the power of Judicial Review..

Please take out worksheet: Please take out worksheet: ““Gambling and Judicial Gambling and Judicial Review”Review”