The Judicial Branch

What article of the Constitution creates the Judicial Branch?Article III of the

Constitution creates the Judicial Branch of government.

What is the Judicial Branch? judicial branch : the branch of the United

States government responsible for the administration of justice

It includes the Chief Justice and all courts and agencies under his or her direct control to protect citizens.

The role of the judicial branch is to interpret laws and determine what the Constitution means.

There are 11 Federal Court Districts in the U.S. Plus D.C.

Current U.S. Supreme Court members

Current Members of the Supreme Court Current U.S. Supreme Court Justices Chief Justice John Roberts Associate Justices Samuel Alito Stephen Breyer Ruth Bader Ginsburg Anthony Kennedy Antonin Scalia David Hackett Souter John Paul Stevens Clarence Thomas

Section Two—Jurisdiction of the Federal Courts

1. Clause One—Jurisdiction-Some Definitions Jurisdiction—power and right to apply law Plaintiff—one who brings charges Defendant—one being charged Criminal case—when government is plaintiff

(California vs. O.J. Simpson) Civil case—between two or more people

(O. J. Simpson vs. Goldman family)

2. Clause Two - How does a case reach the Supreme Court?

SC has two kinds of jurisdiction:

a. Original—a case is first heard by the SC

b. Appellate—cases that are appealed by a lower court (Most cases come to the SC through appellate jurisdiction)

Thousands of cases are brought to the SC each year

About 75 are heard each year

Writ of Certiorari—an order from a higher court to a lower court to see the records and proceedings of a previous case

3. Clause Three—Conduct of Trials

Guarantees a trial by jury in federal courts

Extradition—returning a fugitive to the state in which the crime was committed

How are federal courts organized?•Most federal cases are handled in the 94 U.S. district courts.

•District Courts are the federal courts where trials and lawsuits are begun.

•Every state has at least one federal district court, and some states have has many as four.

•All federal cases must begin in a federal district court because district courts have original jurisdiction (the authority to hear cases for the first time)

U.S. Court of Appeals A large number of people who

lose their cases in a federal district court appeal to the next highest level—a U.S. Court of Appeals.

These courts are also referred to as appeals courts, circuit courts of appeals or appellate courts.

The job of the appeals courts is to review decisions made in lower district courts.

This is called appellate jurisdiction or the authority of a court to hear a case appealed from a lower court.

There are 12 Regional Circuits for Courts of Appeals The 94 U.S. judicial districts

are organized into 12 regional circuits, each of which has a United States court of appeals. A court of appeals hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies.

In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws and cases decided by the Court of International Trade and the Court of Federal Claims.

What do appeals courts do?

Appeals courts do not hold trials. Instead, these courts may decide an appeal

in one of three ways:

1. uphold the original decision

2. reverse the original decision

3. remand the case (send it back to

the lower court to be tried again)

Courts of Appeals A panel of three or more judges Review the record of the case and listen to

lawyers arguments from both sides Judges meet and make decision by majority

vote Judges do not decide the guilt or innocence

of a defendant in a criminal case or which side should win in a civil law suit. They rule on whether a defendants rights have been protected and if he or she has had a fair trial.

Cases Heard in Federal Courts Cases Involving the Constitution

Violations of Federal Laws Controversies Between States Disputes Between Parties from Different States Suits Involving the Federal Government Cases Involving Foreign Governments & Treaties Cases Based on Admiralty and Maritime Laws Cases Involving U.S. Diplomats

Cases Involving the ConstitutionIf a person believes a basic right such as the freedom or speech or the right to bear arms has been violated, that person has the right to be heard in a federal court.

Cases Involving Violations of Federal Laws

Persons accused of kidnapping, tax evasion or counterfeiting would be tried in Federal Courts.

Cases Involving Controversies Between StatesDisagreements between state

governments are settled in Federal Courts. For example, when Virginia wanted to pipe water from North Carolina’s Kerr Dam to Virginia Beach, the case went to Federal Court. Virginia Beach won the case and is drawing water from the N.C. lake/reservoir.

Cases Involving Disputes Between Parties from Different States Lawsuits between

citizens of different states come under federal courts.

Mr. Jones of N.C. may bring suit in a federal court against Mr. Smith of S.C. for not fulfilling his part of a business agreement.

Suits Involving the Federal Government

The U.S. Government may sue someone. For Example, the government may sue a company which contracted to make parts for nuclear missiles and did not complete the contract.

Cases Involving Foreign Governments and Treaties

Any dispute between the U.S. and a foreign government or an American private citizen is heard in a federal Court. The case could involve a dispute over the way the State Department interpreted a trade agreement.

Cases Based on Admiralty and Maritime Law

These cases involve crimes or accidents on the high seas.

One recent case involved the rights to millions of dollars in sunken treasure recovered from a shipwreck off the South Carolina Coast.

Cases Involving U.S. Diplomats

Craig Stapleton, U.S. Ambassador to France 2005-Present

An American diplomat working in a U.S. Embassy in France is accused of breaking an American law. The case would go to a federal court.

Let’s Try Our Skills…

A court's authority to hear and decide cases is called __________.   

a.  appellate   b.  jurisdiction   c.  Ex parte Endo   d.  maritime law      

When state and federal courts share the authority to hear a case it is called __________.   

a.  concurrent jurisdiction   b.  exclusive jurisdiction   c.  original jurisdiction   d.  appellate jurisdiction      

4.Most federal cases are first heard in __________.   

a.  U.S. courts of appeals   b.  U.S. district courts   c.  the U.S. Supreme Court   d.  remanded courts