Journal • Looking at the picture below predict how the

American Court system works. (use your vocabulary words to help explain your prediction)

Judicial Branch

LAWS AND JURISDICTIONSome background information

Origin of law• Case law: Court decisions that inform judicial

ruling• Constitution: outline the structure of the

American government (or state)• Statutes: laws made by the national or state

government

Jurisdiction • The authority to hear certain cases is called

jurisdiction of the court.– Concurrent jurisdiction is when both federal and

state courts have jurisdiction.– Appellate Jurisdiction: The power to review cases

already decided in lower court– Limited Jurisdiction: The power to hear only

certain kinds of cases (tax cases)

Types of Courts• Federal (Supreme Court & inferior federal

courts)

– established by Congress. • States

– Each state has it’s own courts system whose power comes from state constitution and laws.

Federal Courts

The Federal Courts• Three layers of authority in the

federal court system:1. The Supreme Court2. Thirteen Courts of Appeals and the

Court of Appeals for the Federal Circuit.

3. U.S. District Courts and Specialized Federal Courts

District Courts• 94 courts• Lowest level of the federal judicial

system• Trial courts for both criminal/civil

federal cases• District Courts has original jurisdiction

to hear cases involving – Constitutional law– Cases Involving citizens of different states

Federal Court System

District Courts

Appeals• If a person who loses a case in a trial court

wishes to appeal a decision, they may take the case to a court with appellate jurisdiction.

• Meaning a party may appeal a case from a district court to a court of appeals

Federal Court System

Court of Appeals

• 13 US Courts of Appeals• Each covers a circuit-a geographic area

containing several district courts• The Appeals court reviews the details of the

case. DOES NOT HOLD TRIALS! • If an mistake was found the case will be send

back to the district court for a new trial

District Courts

Court of Appeals

Appeals• Those who are unhappy with the

verdict from the court of appeals, may appeal to the Supreme Court

Supreme Court • Is the highest court in the land• Receives thousands of appeals every

year but only hears a small percentage of them

Federal Court System

District Courts

Court of Appeals

Supreme Court

Worksheet

• Using your notes from today ,last class and the reading complete the worksheets in the rest of your packet

POP QUIZ Answer the question on the paper provided

Question 1• When someone is accused of a crime, the type

of case is…..

Question 2• If you appeal a case, you are going to………

– Appellate court– Trial Court – A bench trial – State court

Question 3• The court that gets to decide what is

constitutional……– Court of Appeals– District Courts– Inferior courts– Supreme Court

Question 4• If the appellate court thinks a decision was

wrong it will….– Affirm the decision – Reverse the decision – Do nothing

Question 5• If a groups of people gives the verdict after a

trial, that trial was a – Appeal trial– Bench trial – Jury trial – Evidence

Question 6• If an appellate court sends a case back to the

trial court, it has – Affirmed the case – Not reviewed the case– Remanded the case

Question 7 • The decision in a case is called the

– Evidence – Jurisdiction – Decision – Verdict

Question 8 • If you break a law of the United States, your

case will probably be in – Federal court– State court

Question 9 • At trial, lawyers try to prove their case using

– An appeal – Verdict – Affirm– Evidence

Question 10 • State courts were created by

– The US Constitution – State constitutions

Journal You have been elected the new Mayor of Sterling.

Before leaving office, the old mayor gave jobs to several of his political friends but the paperwork hasn’t made it to the personnel office yet. a) Should you 1) honor the jobs promised by the

old mayor, or 2) cancel the jobs since they aren’t “Officially” in the system yet?

b) What are the possible negatives to denying these people their jobs? What are the possible positives to allowing them to take these jobs?

Agenda

• Journal• Lecture• Activity-Marbury v. Madison

Objectives

Federal Court Jurisdiction• The Constitution gave federal courts

jurisdiction in cases that involve United States laws, treaties with foreign nations.

Federal Courts System

Federal Courts Jurisdiction Cont.1. Ambassadors and other representatives of

foreign governments2. Two or more states government3. United States government or one of it offices or

agencies 4. Citizens who are resident of different states5. Citizens who are residents of the same state but

claim land under grants of different states

Federal Courts System

District Courts

Court of Appeals

Supreme Court

Federal Courts System

Special Federal Courts• Congress has created a series of courts referred

to as legislative Courts.• Legislative courts help Congress exercise its

power.– U.S. Court of federal Claims– U.S. Court of Appeals for the Armed Forces– U.S. Tax Court– Territorial Courts– US Court of Military Appeals – Foreign Intelligence Surveillance Court

District Courts

Court of Appeals

Supreme Court

Special Federal Courts• U.S. of Federal Claims Court• U.S. Court of International Trade• U.S. Tax Court• U.S. Court of Appeals for the Armed

Forces

Federal Courts System

The Court of Appeals for the Federal Circuit

• Court of appeals for the federal circuit

• National jurisdiction over certain cases, such as those in which the U.S. government is a defendant

Federal Courts System

FEDERAL JUDGES Selection and Qualification

Qualifications• No specific requirements in the

constitution• Most have prior experience ( lower or

state courts)

Federal Courts System

Selection of Federal Judges• All federal judges are appointed by the

president and approved by the senate.– Senatorial courtesy -allows senators from the

president party to have a say in the appointment of judges in their state

– Hold position for life (must be in good standing)

Federal Courts System

MARBURY V. MADISON

Case Study

Adams appoints new judges…

John Adams signs appointments on his last night in office.

Thomas Jefferson is to take over as President.

Vocabulary

“midnight judges”- what these new judges were referred to as.

William Marbury was one of these “midnight judges.”

When does Madison come into play? James Madison, TJs new Secretary of

State, was supposed to officially present Marbury with his new position…

But he didn’t! So… Marbury sued and appealed to the

Supreme Court to get Madison to award him the position…

The Verdict.

Supreme Court refuses to grant Marbury his position!!

Why? A section of the Judiciary Act of 1789

(which set up the federal court system in the first place) was unconstitutional and void.

Lasting Impact…

This is the first time the Supreme Court overturns an act of Congress.

Checks & balances in action! Judicial Review- Supreme Court’s ability

to declare a law or act unconstitutional

Virginia Court Structure