2. Standards Overview
SSCG13: Demonstrate knowledge of
the operation of the judicial branch of
government.
SSCG13a: Describe the selection and
approval process for federal judges.
SSCG13b: Explain the jurisdiction of the
Supreme Court, federal courts and the
state courts.
3. The Role of the Judicial Branch
To interpret and define law
This involves hearing individual
cases and deciding how the law
should apply
Remember federalism – there are
federal courts for federal law, and
state courts for state laws!
4. The Federal Judiciary
The judiciary is simply the judicial branch
of government, which includes the court
system and the judges.
The President appoints federal judges
The Senate Judiciary Committee holds
hearings to evaluate candidates and sends
it’s recommendations to the floor for the
final vote.
5. Appointment of Judges
President nominates
someone to become
a judge
Senate majority
vote confirms
Remember –
Senatorial Courtesy!
Judges serve for life
6. The Federal Judiciary
When a judge retires, dies, or is removed from his or
her position, a vacancy appears that must be filled.
There are 7 steps to filling a judicial vacancy:
1. The White House consults the state in order to find out
who they should appoint.
2. The candidates are vetted (backgrounds checked)
3. Nomination is made
4. The Senate Judiciary Committee conducts a hearing and
the candidate is asked many questions
5. The Senate Judiciary Committee votes.
6. The full floor vote is scheduled
7. The full floor of the Senate votes and the candidate is
confirmed.
7. Where Do the Courts’ Jurisdiction
Come From?
Article III of the Constitution
creates “one supreme court, and
such inferior courts” that
Congress creates
Thus, Congress creates the
system underneath Supreme
Court
8. Federal Court System
The Federal Court system is a pyramid
with 3 levels of federal courts:
Bottom: District Courts
Middle: Appeals Courts
Top: United States Supreme Court
9.
10. District Courts
Lower level of the federal
court system
All states have at least
one
Where trials are held and
lawsuits are begun
For all federal cases,
district courts have
original jurisdiction
Hear criminal and civil
cases
Only courts that involve
witnesses and juries
11. Court of Appeals
Intermediate level of the
federal court system
Review decisions of the lower
courts/appellate jurisdiction
Don’t decide guilt or
innocence but whether the
original trial was fair
Most appeals are final
Cases can be sent back to lower
courts for review
Parties can ask the Supreme
Court to review the case
12. Supreme Court
Highest federal court in the
U.S.
The “Court of Last Resort”
Decision cannot be
appealed
Has both appellate and
original jurisdiction
Has power of judicial
review
Has 9 justices; 8 associate
justices and 1 chief justice
17. Original Jurisdiction
Original Jurisdiction
authority to hear the case
for the first time
trials are conducted,
evidence is presented,
and juries/judge decides
the outcome
Federal District Courts and
the Supreme Court (in
certain cases) have
original jurisdiction
18. Appellate Jurisdiction
Appellate Jurisdiction – courts that hear
reviews or appeals of decisions from the
lower courts.
Federal Courts of Appeals and the Supreme
Court have appellate jurisdiction.