Federal Court SystemFederal Court System

Judicial Branch BreakdownJudicial Branch Breakdown

CreationCreation

Created in the Constitution (Article 3) Created in the Constitution (Article 3) No national judiciary prior to No national judiciary prior to

ConstitutionConstitution ““Laws are a dead letter without courts to Laws are a dead letter without courts to

expound and define their true meaning and expound and define their true meaning and operation.” operation.” ~Alexander Hamilton~Alexander Hamilton

““The Judicial Power of the United States shall The Judicial Power of the United States shall be vested in one Supreme Court, and in be vested in one Supreme Court, and in such inferior Courts as the Congress may such inferior Courts as the Congress may from time to time ordain and establish.” from time to time ordain and establish.” ~U.S. Constitution (Article III) ~U.S. Constitution (Article III)

Dual Court SystemDual Court System

There are two separate Court There are two separate Court Systems in the United StatesSystems in the United States 1. Supreme Court1. Supreme Court

And Federal And Federal inferior courtsinferior courts 2. State Courts2. State Courts

State CourtsState Courts

Each state has its own court system Each state has its own court system to handle cases that occur within to handle cases that occur within that statethat state Each state court system has a State Each state court system has a State

Supreme Court and various levels of Supreme Court and various levels of inferior courtsinferior courts

JurisdictionJurisdiction

Jurisdiction: who gets to hear over Jurisdiction: who gets to hear over the particular casethe particular case 2 types of jurisdiction:2 types of jurisdiction:

1. Exclusive Jurisdiction1. Exclusive Jurisdiction 2. Concurrent Jurisdiction2. Concurrent Jurisdiction

Jurisdiction determined by:Jurisdiction determined by: The subject matterThe subject matter The parties involvedThe parties involved

What kinds of cases do the What kinds of cases do the Supreme Court hear?Supreme Court hear?

Interpretation of the ConstitutionInterpretation of the Constitution

If at any point in the case, an If at any point in the case, an interpretation of the Constitution is interpretation of the Constitution is warranted, the case can be heard by warranted, the case can be heard by Federal CourtsFederal Courts

International WatersInternational Waters

Any case involving international Any case involving international waters, Federal Courts can hearwaters, Federal Courts can hear

Also, any case involving maritime Also, any case involving maritime law, if under Federal law, if under Federal jurisdictionjurisdiction

Nick McKeever vs United StatesNick McKeever vs United States

Any case where the U.S. or a U.S. Any case where the U.S. or a U.S. agency is on trial is under Federal agency is on trial is under Federal JurisdictionJurisdiction

vs

U.S. Citizen vs Foreign PowerU.S. Citizen vs Foreign Power

vs

State 1 vs State 2State 1 vs State 2

vs

U.S. Ambassador vs …U.S. Ambassador vs …

If a foreign diplomat is charged with If a foreign diplomat is charged with a crime, or sues a foreign country, a crime, or sues a foreign country, the Federal Courts have jurisdiction. the Federal Courts have jurisdiction.

What’s my Jurisdiction What’s my Jurisdiction game?game?

State or Federal!!!State or Federal!!!

Napoleon Bonaparte sues Napoleon Bonaparte sues the U.S. for robbery after the U.S. for robbery after the Louisiana Purchase. the Louisiana Purchase.

Who’s Jurisdiction is it?Who’s Jurisdiction is it?

Nick McKeever is caught stealing Nick McKeever is caught stealing millions of staples from a school millions of staples from a school

office building. office building.

Who’s Jurisdiction is it? Who’s Jurisdiction is it?

Ambassador Sergei Smirnoff is Ambassador Sergei Smirnoff is caught drinking and driving in caught drinking and driving in

Moscow after a long night Moscow after a long night celebrating a new treaty. celebrating a new treaty.

Who’s Jurisdiction is it? Who’s Jurisdiction is it?

Ted Bundy is caught murdering 50 Ted Bundy is caught murdering 50 young women in three different young women in three different

states. states.

Who’s Jurisdiction is it? Who’s Jurisdiction is it?

James McAwesome sues the FBI James McAwesome sues the FBI for harassment after having to strip for harassment after having to strip

search in an airport after being search in an airport after being illegally profiled. illegally profiled.

Who’s Jurisdiction is it? Who’s Jurisdiction is it?

Charles Manson leads a Charles Manson leads a group of cultists to kill a group of cultists to kill a

wealthy family of three in wealthy family of three in CaliforniaCalifornia

Who’s Jurisdiction is it? Who’s Jurisdiction is it?

2 Types of Federal Courts2 Types of Federal Courts

1. Regular Courts (constitutional courts)1. Regular Courts (constitutional courts) Make up the majority of courtsMake up the majority of courts

Supreme CourtSupreme Court Court of AppealsCourt of Appeals District CourtsDistrict Courts U.S. Court of International TradeU.S. Court of International Trade

2 Types of Federal Courts cont. 2 Types of Federal Courts cont.

2. Special Courts2. Special Courts Individual courts created by Congress to Individual courts created by Congress to

hear cases brought out by hear cases brought out by expressed expressed powers powers from Congressfrom Congress

i.e. U.S. Court of Federal Claims, U.S. Court of i.e. U.S. Court of Federal Claims, U.S. Court of Appeals for the Armed Forces, etc. Appeals for the Armed Forces, etc.

AppointmentsAppointments

The President appoints the judges of the The President appoints the judges of the Supreme Court and its inferior courts.Supreme Court and its inferior courts. The Senate approves the appointmentsThe Senate approves the appointments

Supreme Court appointments (and their Supreme Court appointments (and their inferior courts) are for LIFE!inferior courts) are for LIFE!

Judges can appoint magistrates to do Judges can appoint magistrates to do most of the work for them (warrants, most of the work for them (warrants, etc.)etc.)

District and Circuit CourtsDistrict and Circuit Courts

89 Federal Districts throughout the United 89 Federal Districts throughout the United StatesStates Created to help relieve the burden of the Created to help relieve the burden of the

Supreme CourtSupreme Court There are 12 Circuits that inferior courts are There are 12 Circuits that inferior courts are

split into, spread throughout the entire split into, spread throughout the entire country.country. The Circuit courts handle appeals throughout the The Circuit courts handle appeals throughout the

country. country. They serve as the “gatekeepers” for the Supreme They serve as the “gatekeepers” for the Supreme

CourtCourt 1 Supreme Court member serves on each Circuit1 Supreme Court member serves on each Circuit

THE SUPREME COURT!THE SUPREME COURT!

9 Members9 Members Led by the Chief Justice Led by the Chief Justice

Currently John RobertsCurrently John Roberts

Key to Judicial Power…Key to Judicial Power…

JUDICIAL REVIEWJUDICIAL REVIEW

Judicial ReviewJudicial Review

Allows the Supreme Court to go back Allows the Supreme Court to go back and decide whether any law is and decide whether any law is Constitutional or not. Constitutional or not. Marbury v. MadisonMarbury v. Madison

Thomas Jefferson v. William Marbury (court Thomas Jefferson v. William Marbury (court appointee)appointee)

Forever changed United States governmentForever changed United States government

When does a case go to the When does a case go to the SC?SC?

1. When a case involves a State, the 1. When a case involves a State, the Supreme court has original Supreme court has original jurisdictionjurisdiction

2. When a case involves a public 2. When a case involves a public minister/ambassadorminister/ambassador

Also…Also…

Most cases reach the Supreme Court Most cases reach the Supreme Court by writ of certiorari. by writ of certiorari. ““to be made more certain”to be made more certain”

How the SC works…How the SC works…

The Supreme Court sets a date for the The Supreme Court sets a date for the case to be heard. case to be heard. Those arguing the case prepare a brief for Those arguing the case prepare a brief for

the justices the justices The justices then make an opinion!The justices then make an opinion!

Majority opinion determines the case and Majority opinion determines the case and sets the precedentsets the precedent

Minority opinions can be written to point Minority opinions can be written to point out sides that are not mentioned in the out sides that are not mentioned in the majority. majority.

To be continued…To be continued…