The Federal Judiciary Dr. Christopher S. Rice
 
Judiciary Act of 1789
Trial Courts or U.S. District Courts (94)
Trial Courts or U.S. District Courts (94) <ul><ul><li>Appellate Courts or </li></ul></ul><ul><ul><li>U.S. Courts of Appeal...
Trial Courts or U.S. District Courts (94) <ul><ul><li>Appellate Courts or </li></ul></ul><ul><ul><li>U.S. Courts of Appeal...
“ Specialty Courts”
Jurisdiction A court’s authority to hear cases of a particular type.
US Federal Courts may hear cases involving: <ul><li>Cases involving the Constitution, federal statutes and treaties. </li>...
Becoming a federal judge <ul><li>Nomination & Confirmation </li></ul><ul><li>Qualifications (?) </li></ul><ul><li>Impeachm...
Becoming a federal judge <ul><li>Nomination & Confirmation </li></ul><ul><li>Qualifications (?) </li></ul><ul><li>Impeachm...
Becoming a federal judge <ul><li>Nomination & Confirmation </li></ul><ul><li>Qualifications (?) </li></ul><ul><li>Impeachm...
Trial (District) Courts
Original Jurisdiction the authority to be the first court to hear a case.
Criminal Law Deals with offenses against society as a whole.
Civil Law Regulates obligations between individuals, individuals and government, & individuals and corporations.
Grand Juries
Appellate Courts
Appellate Courts vs. Trial Courts <ul><li>Appellate courts do not hear new cases, just cases on appeal from federal trial ...
Appellate Courts vs. Trial Courts <ul><li>Appellate courts do not hear new cases, just cases on appeal from federal trial ...
Appellate Courts vs. Trial Courts <ul><li>Appellate courts do not hear new cases, just cases on appeal from federal trial ...
Appellate Courts vs. Trial Courts <ul><li>Appellate courts do not hear new cases, just cases on appeal from federal trial ...
Most appeals courts decisions are  final .
Appellate Court Procedure
Precedent A judicial decision that serves as a rule for settling subsequent cases of a similar nature.
Stare Decisis Doctrine of closely following precedent as the basis for legal reasoning.
Supreme Court of the United States
Supreme Court of the  United States <ul><li>Size determined by Congress. </li></ul>
Supreme Court of the  United States <ul><li>Size determined by Congress. </li></ul><ul><li>Congress determines appellate j...
Supreme Court of the  United States <ul><li>Size determined by Congress. </li></ul><ul><li>Congress determines appellate j...
Writ of Certiorari Order from the Court to lower courts demanding that they send up a complete record of a case.
The “Rule of Four”
Oral Arguments
Amicus Curiae  briefs
Written Opinions
Majority Opinion (aka the “opinion of the court”) Statement of the legal reasoning that supports the decision of the major...
Concurring Opinion Opinion of a justice or justices who support the majority decision but have different legal reasons for...
Dissenting Opinion The reasoning of the minority, explaining their dissent.
A Confusion of Opinions
Remanding to a lower court
Judicial Review the power of the Court to rule on the constitutionality of state, federal laws and executive actions.
Jefferson & Madison vs. Hamilton
Marbury v. Madison  (1803)
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The Federal Judiciary

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Slide show prepared for a series of lectures on the Federal Judiciary for PS 101 American Government at the University of Kentucky, Fall 2007. Dr. Christopher S. Rice, Lecturer.

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The Federal Judiciary

  1. 1. The Federal Judiciary Dr. Christopher S. Rice
  2. 3. Judiciary Act of 1789
  3. 4. Trial Courts or U.S. District Courts (94)
  4. 5. Trial Courts or U.S. District Courts (94) <ul><ul><li>Appellate Courts or </li></ul></ul><ul><ul><li>U.S. Courts of Appeals (13) </li></ul></ul>
  5. 6. Trial Courts or U.S. District Courts (94) <ul><ul><li>Appellate Courts or </li></ul></ul><ul><ul><li>U.S. Courts of Appeals (13) </li></ul></ul>U.S. Supreme Court (1)
  6. 7. “ Specialty Courts”
  7. 8. Jurisdiction A court’s authority to hear cases of a particular type.
  8. 9. US Federal Courts may hear cases involving: <ul><li>Cases involving the Constitution, federal statutes and treaties. </li></ul><ul><li>Ambassadors, other public ministers and consuls. </li></ul><ul><li>Admiralty and maritime issues. </li></ul><ul><li>Controversies to which the US government is a party. </li></ul><ul><li>Disputes between two or more states. </li></ul><ul><li>Disputes between a state and citizens of another state. </li></ul><ul><li>Disputes between citizens of different states. </li></ul><ul><li>Disputes between states (or their citizens) and foreign states (or their citizens). </li></ul>
  9. 10. Becoming a federal judge <ul><li>Nomination & Confirmation </li></ul><ul><li>Qualifications (?) </li></ul><ul><li>Impeachment </li></ul>
  10. 11. Becoming a federal judge <ul><li>Nomination & Confirmation </li></ul><ul><li>Qualifications (?) </li></ul><ul><li>Impeachment </li></ul>
  11. 12. Becoming a federal judge <ul><li>Nomination & Confirmation </li></ul><ul><li>Qualifications (?) </li></ul><ul><li>Impeachment </li></ul>
  12. 13. Trial (District) Courts
  13. 14. Original Jurisdiction the authority to be the first court to hear a case.
  14. 15. Criminal Law Deals with offenses against society as a whole.
  15. 16. Civil Law Regulates obligations between individuals, individuals and government, & individuals and corporations.
  16. 17. Grand Juries
  17. 18. Appellate Courts
  18. 19. Appellate Courts vs. Trial Courts <ul><li>Appellate courts do not hear new cases, just cases on appeal from federal trial courts. </li></ul>
  19. 20. Appellate Courts vs. Trial Courts <ul><li>Appellate courts do not hear new cases, just cases on appeal from federal trial courts. </li></ul><ul><li>Appeals are based on legal issues rather than questions of factual material. </li></ul>
  20. 21. Appellate Courts vs. Trial Courts <ul><li>Appellate courts do not hear new cases, just cases on appeal from federal trial courts. </li></ul><ul><li>Appeals are based on legal issues rather than questions of factual material. </li></ul><ul><li>Do not accept new evidence or hear additional witnesses. </li></ul>
  21. 22. Appellate Courts vs. Trial Courts <ul><li>Appellate courts do not hear new cases, just cases on appeal from federal trial courts. </li></ul><ul><li>Appeals are based on legal issues rather than questions of factual material. </li></ul><ul><li>Do not accept new evidence or hear additional witnesses. </li></ul><ul><li>Restrict their review to points of law under dispute. </li></ul>
  22. 23. Most appeals courts decisions are final .
  23. 24. Appellate Court Procedure
  24. 25. Precedent A judicial decision that serves as a rule for settling subsequent cases of a similar nature.
  25. 26. Stare Decisis Doctrine of closely following precedent as the basis for legal reasoning.
  26. 27. Supreme Court of the United States
  27. 28. Supreme Court of the United States <ul><li>Size determined by Congress. </li></ul>
  28. 29. Supreme Court of the United States <ul><li>Size determined by Congress. </li></ul><ul><li>Congress determines appellate jurisdiction of Supreme Court. </li></ul>
  29. 30. Supreme Court of the United States <ul><li>Size determined by Congress. </li></ul><ul><li>Congress determines appellate jurisdiction of Supreme Court. </li></ul><ul><li>Supreme Court decisions become most important forms of precedent on federal and constitutional questions, for all levels of jurisdiction. </li></ul>
  30. 31. Writ of Certiorari Order from the Court to lower courts demanding that they send up a complete record of a case.
  31. 32. The “Rule of Four”
  32. 33. Oral Arguments
  33. 34. Amicus Curiae briefs
  34. 35. Written Opinions
  35. 36. Majority Opinion (aka the “opinion of the court”) Statement of the legal reasoning that supports the decision of the majority of the court.
  36. 37. Concurring Opinion Opinion of a justice or justices who support the majority decision but have different legal reasons for doing so.
  37. 38. Dissenting Opinion The reasoning of the minority, explaining their dissent.
  38. 39. A Confusion of Opinions
  39. 40. Remanding to a lower court
  40. 41. Judicial Review the power of the Court to rule on the constitutionality of state, federal laws and executive actions.
  41. 42. Jefferson & Madison vs. Hamilton
  42. 43. Marbury v. Madison (1803)

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