Created by Article III of the Constitution. Supreme Court is the only Court Created by the Constitution all other federal courts were created by Congress. Chief Justice John Marshall appointed in 1801-1835 did much to increase the power of the Court.

1. David Ford Avon Ct

2. Federal Court System
 Created by Article III of the Constitution
 Supreme Court is the only Court
Created by the Constitution all other
federal courts were created by
Congress.
 Chief Justice John Marshall appointed in
1801-1835 did much to increase the
power of the Court.

3. Jurisdiction of the Courts
 Jurisdiction-the authority to hear a case.
 Original Jurisdiction – hear a case first.
 Appellate Jurisdiction – review decisions
of lower courts.
 Concurrent Jurisdiction – power shared
by federal and state courts to hear
certain cases.

4. Marbury v. Madison
 The first case in which the Supreme
Court declared the actions of one of the
other branches of government to be
unconstitutional.
 Established the principal of Judicial Review

5. Constitutional Courts
(called regular or Art. III courts)
 Federal District Courts-created to serve as federal trial
courts.
 Original jurisdiction- principle courts of court system
○ 642 judges- 300,000 cases/yr
○ 80% of federal caseload
 Hear both criminal and civil cases
 94 districts- Judiciary Act of 1789
 Juries
○ Grand Jury
 Indictment of defendents
○ Petit Jury
 Try defendents

6. Constitutional Courts
 Federal Courts of Appeals- created in 1891 by Congress
 http://www.uscourts.gov/courtlinks/
 12 Judicial Circuits
 1 appellate court in each circuit
 1 court with national jurisdiction
 Panel of 3 judges hear each appeal
○ Very important case the judges my sit (en blanc)
○ May uphold original decision
○ Reverse the decision
○ Send case back to be retried again

7. Constitutional Courts
 United States Circuit Court of Appeals
for the Federal Circuit-hears cases from:
 Federal Claims Court
 Court of International Trade
 United States Patent Office

8. Constitutional Courts
 Court of International Trade
 Based in New York but may listen to cases
involving other port cities
○ New Orleans
○ Houston
○ San Francisco
 Mainly hears cases involving tariff issues

9. Legislative Courts
 United States Claims Court
 United States Tax Court
 The Court of Military Appeals
 Territorial Courts
 Courts for Washington D.C.
 The Court of Veterans’ Appeals

11. Federal Judges
 Appointed for life
 Appointed by President
 Approved by the Senate
 May be removed through impeachment
 Senatorial Courtesy
 Pay is set by congress

13. The Supreme Court
 The Supreme court is the only court with
both:
 Original jurisdiction
 Appellate jurisdiction
 Supreme court is composed of 9 justices
 http://www.supremecourtus.gov/about/bi
ographiescurrent.pdf
 Chief Justice – John Roberts

14. How Cases Reach the
Supreme Court
 Discuss List-cases worthy of
consideration requires “Rule of Four” for
a case to be accepted.
 Writ of Certiorari
 Appeal- When a lower or State court has
ruled a law unconstitutional

15. How Cases Reach the
Supreme Court
 Writ of Certiorari-main route for case an
order from the court to the lower court to
send up the records on a case for
review.
 Belief that a legal error was made in
handling the case or
 The case raises some serious Constitutional
question.
 More than 90% of these cases are rejected

16. Steps in Deciding Major
Cases
1. Submitting Briefs-a written statement
setting forth the legal arguments, relevant
facts, and precedents supporting one side
of a case.
 Amicus curiae-briefs submitted by outside
interested parties.
2. Oral Arguments-each side is allowed only
30 minutes to summarize the key points of
the case.
3. The Conference-on Fridays the justices
meet to discuss the cases they have
heard. Then they vote on the case.

17. Steps in Deciding Major
Cases
4. Writing the Opinion
 Majority opinion- Court’s opinion
○ Opinion of Court
○ Decision and reasoning
 Dissenting opinion
○ Disagree w/Majority opinion
 Concurring opinion
○ Agree, add/emphasize new point

18. Texas Court System
 Types of Law
 Constitutional Law
 Statutory Law
 Administrative Law
 Common Law-unwritten judge made law
○ Stare decisis (precedent)
 Equity-preventative law
○ Injuctions

19. Texas Court System
 Types of Law
 Criminal Law- offenses against public order
○ Felony-greater crime
○ Misdemeanor-lesser offense
 Civil Law
○ Human conduct
 Divorce, custody disputes

20. Texas Court System
 Local Trial Courts
 Justice of the Peace
○ Traffic violations
○ Disturbing the peace
○ Civil cases less than $5,000
 Municipal Courts
○ Traffic violations (most of its cases)
○ Criminal cases with fines under $2,000

21. Texas Court System
 County-Level Courts
 General Trial Courts (de novo)
○ Criminal Courts
○ Civil Courts
○ Family Court
○ Juvenile Court
 Intermediate Appellate Courts

22. Texas Court System
 County-Level Courts
 Court of Criminal Appeals-highest level court
for criminal cases.
○ 9 justices who are elected
○ Serve a 6 year term that are staggered.
 Texas State Supreme Court-highest level
court for civil cases.
○ 9 justices who are elected
○ Serve a 6 year term that are staggered.

23. Judges in Texas
 All Judges in Texas hold elected
positions with a specified term.
 If a vacancies occurs the vacancy is
filled by appointment until the next
election.