Judicial Branch Chapter 11 & 12
Types of Federal Courts Constitutional Courts Set up by Congress under Article III of the Constitution Special Courts Are legislative courts set up by Congress
Divisions of the U.S. Court System Supreme Court Courts of Appeal District Courts Court of International Trade Court of Military Appeals U.S. Tax Court Territorial Courts Courts of District of Columbia Court of Veteran’s Appeals
Jurisdiction Authority to hear and decide cases Subject matter  Federal laws (federal courts) State law (state courts)
Jurisdiction Parties- plaintiffs and defendants Exclusive- determines where court cases belong Concurrent- federal, state, local Original- where the case is first heard Appellate- next step after the original case
District Courts 91 Courts 632 Judges Judges Salary- $133,000 Cases heard in District Courts Bank robbery, kidnapping, mail fraud, computer fraud, counterfeiting, murder of federal official, treason
District Courts These courts use both grand and petit juries Judges appointed for life by the President Confirmed by the U.S. Senate East St. Louis and Benton are the district courts near here
Courts of Appeal Formed in 1891 12 Courts 179 Judges Appointed by the President for life, confirmed by the U.S. Senate Salary: $141,000
Courts of Appeal Any appeal from a lower court in their district Hear 25,000 cases a year Seventh Circuit Court located in Chicago is the closest
Supreme Court Chief Justice- John Roberts Appointed by George W. Bush in 2006 Jurisdiction Original and appellate cases 3,500-4,000 cases reach the S.C. each year Half are returned to lower court Writ of Certiorari Writ of Appeal Writ of Certificate Page 523
Supreme Court at Work Sits for nine months of the year Opens at 10:00 a.m. (Monday-Thursday) Fridays are used to discuss, debate, and write decisions Must be six judges which make up a quorum
Supreme Court at Work Types of Opinions Majority (5-4, 6-3, 7-2, 8-1, 9-0) Dissenting- one judge goes against and writes an opposing view point Concurring
Court of International Trade Nine judges appointed by the President Salary- $133,000 Courts are in San Francisco, New Orleans, Boston, New York
Court of Appeals Federal and Circuit courts 12 Judges appointed by the President Salary: $133,000
Special Courts- Set up by Congress U.S. Claims Court 16 Judges appointed by President Hears claims against the government Salary: $133,000 Territorial Courts (2 judges each court) 8 total  Salary: $125,000 Courts located in Virgin Islands, Guam, Puerto Rico, North Mariana Islands
Special Courts-Set up by Congress Courts of District of Columbia Salary $133,000 Superior Courts and Court of Appeals Salary $133,000 Court of Military Appeals One Chief Justice and four associate justices serve for 15 years Salary: $133,000
Special Courts-Set up by Congress Courts of Veteran’s appeals One chief justice and six associates serve for 15 years Salary: $125,000 U.S. Tax Court One chief justice and 18 associate judges Hear civil not criminal cases Salary $133,000
Appointment of Judges, Terms, and Salary President appoints all federal judges Confirmed by the U.S. Senate Appointed for life unless otherwise designated Removal by impeachment Nine have been impeached four have been found guilty
Federal Court Officials Clerk- has custody of the federal seal Magistrates- issues warrants, sets bail, may try some cases U.S. Attorney- prosecutes the criminals U.S. Marshals- issues subpoenas and arrest warrants Baliff- keeps order in the court and calls cases
State Court System Organized from the lowest to highest court Justice of the Peace Found in small southern towns Usually elected to a 2-4 year term Hears very minor cases Marries people Pay is usually from fines collected (higher fine better pay) No formal qualifications
Magistrates Court Found mostly in large cities Elected to office for a 2-4 year term No formal qualifications, except some states require a law degree
Municipal Court night court in large cities Many divisions like criminal minor crimes: Civil, juvenile, small claims, traffic Appointed and must have a law degree
General Trial Court Judges may be elected or appointed Cases tried before a single judge Hear cases on estates, probates, and affairs of minors Circuit court are the trial courts of the states judges must have a law degree as well as a states attorney elected
Intermediate Appellate Court (State) level Called the states appellate court Judges may be elected or appointed Must have a law degree Reviews cases from lower courts and has final say so in most cases Mt. Vernon is the nearest state appellate court
State Supreme Court Located in Springfield 5-7 judges ½ are appointed by the Governor and the other half may be elected Their decisions are final Selection of judges at state levels Popular election, legislature selects, governor appoints
Juries Grand jury- hears evidence to decide if trial needs to be held Petit jury is the trial jury Bench trial- is done before a judge with no jury
Make up of a Jury and how it works Impaneling- jury is selected from a pool Presentment- accusations before the grand jury Indictment- formal charge by the grand jury
Make up of a Jury and how it works Jury selection  list prepared by county official Usually taken from the poll book Today may be done from a drivers’ license Most jurors are notified by mail One must show up or be arrested d
Jury Selection May be excused if Suffering from an illness Is a criminal Is illiterate Some professionals Doctors Lawyers Policemen Firemen
Kinds of State Law Law- principle rules of conduct Constitutional Law- highest form of law in America Statutory Law- enacted by legislatures Administrative Law- rules issued on any level Criminal Law- defies public wrongs Civil Law- relates to human behavior Common Law- written laws or made by judges

Judicial Branch

  • 1.
  • 2.
    Types of FederalCourts Constitutional Courts Set up by Congress under Article III of the Constitution Special Courts Are legislative courts set up by Congress
  • 3.
    Divisions of theU.S. Court System Supreme Court Courts of Appeal District Courts Court of International Trade Court of Military Appeals U.S. Tax Court Territorial Courts Courts of District of Columbia Court of Veteran’s Appeals
  • 4.
    Jurisdiction Authority tohear and decide cases Subject matter Federal laws (federal courts) State law (state courts)
  • 5.
    Jurisdiction Parties- plaintiffsand defendants Exclusive- determines where court cases belong Concurrent- federal, state, local Original- where the case is first heard Appellate- next step after the original case
  • 6.
    District Courts 91Courts 632 Judges Judges Salary- $133,000 Cases heard in District Courts Bank robbery, kidnapping, mail fraud, computer fraud, counterfeiting, murder of federal official, treason
  • 7.
    District Courts Thesecourts use both grand and petit juries Judges appointed for life by the President Confirmed by the U.S. Senate East St. Louis and Benton are the district courts near here
  • 8.
    Courts of AppealFormed in 1891 12 Courts 179 Judges Appointed by the President for life, confirmed by the U.S. Senate Salary: $141,000
  • 9.
    Courts of AppealAny appeal from a lower court in their district Hear 25,000 cases a year Seventh Circuit Court located in Chicago is the closest
  • 10.
    Supreme Court ChiefJustice- John Roberts Appointed by George W. Bush in 2006 Jurisdiction Original and appellate cases 3,500-4,000 cases reach the S.C. each year Half are returned to lower court Writ of Certiorari Writ of Appeal Writ of Certificate Page 523
  • 11.
    Supreme Court atWork Sits for nine months of the year Opens at 10:00 a.m. (Monday-Thursday) Fridays are used to discuss, debate, and write decisions Must be six judges which make up a quorum
  • 12.
    Supreme Court atWork Types of Opinions Majority (5-4, 6-3, 7-2, 8-1, 9-0) Dissenting- one judge goes against and writes an opposing view point Concurring
  • 13.
    Court of InternationalTrade Nine judges appointed by the President Salary- $133,000 Courts are in San Francisco, New Orleans, Boston, New York
  • 14.
    Court of AppealsFederal and Circuit courts 12 Judges appointed by the President Salary: $133,000
  • 15.
    Special Courts- Setup by Congress U.S. Claims Court 16 Judges appointed by President Hears claims against the government Salary: $133,000 Territorial Courts (2 judges each court) 8 total Salary: $125,000 Courts located in Virgin Islands, Guam, Puerto Rico, North Mariana Islands
  • 16.
    Special Courts-Set upby Congress Courts of District of Columbia Salary $133,000 Superior Courts and Court of Appeals Salary $133,000 Court of Military Appeals One Chief Justice and four associate justices serve for 15 years Salary: $133,000
  • 17.
    Special Courts-Set upby Congress Courts of Veteran’s appeals One chief justice and six associates serve for 15 years Salary: $125,000 U.S. Tax Court One chief justice and 18 associate judges Hear civil not criminal cases Salary $133,000
  • 18.
    Appointment of Judges,Terms, and Salary President appoints all federal judges Confirmed by the U.S. Senate Appointed for life unless otherwise designated Removal by impeachment Nine have been impeached four have been found guilty
  • 19.
    Federal Court OfficialsClerk- has custody of the federal seal Magistrates- issues warrants, sets bail, may try some cases U.S. Attorney- prosecutes the criminals U.S. Marshals- issues subpoenas and arrest warrants Baliff- keeps order in the court and calls cases
  • 20.
    State Court SystemOrganized from the lowest to highest court Justice of the Peace Found in small southern towns Usually elected to a 2-4 year term Hears very minor cases Marries people Pay is usually from fines collected (higher fine better pay) No formal qualifications
  • 21.
    Magistrates Court Foundmostly in large cities Elected to office for a 2-4 year term No formal qualifications, except some states require a law degree
  • 22.
    Municipal Court nightcourt in large cities Many divisions like criminal minor crimes: Civil, juvenile, small claims, traffic Appointed and must have a law degree
  • 23.
    General Trial CourtJudges may be elected or appointed Cases tried before a single judge Hear cases on estates, probates, and affairs of minors Circuit court are the trial courts of the states judges must have a law degree as well as a states attorney elected
  • 24.
    Intermediate Appellate Court(State) level Called the states appellate court Judges may be elected or appointed Must have a law degree Reviews cases from lower courts and has final say so in most cases Mt. Vernon is the nearest state appellate court
  • 25.
    State Supreme CourtLocated in Springfield 5-7 judges ½ are appointed by the Governor and the other half may be elected Their decisions are final Selection of judges at state levels Popular election, legislature selects, governor appoints
  • 26.
    Juries Grand jury-hears evidence to decide if trial needs to be held Petit jury is the trial jury Bench trial- is done before a judge with no jury
  • 27.
    Make up ofa Jury and how it works Impaneling- jury is selected from a pool Presentment- accusations before the grand jury Indictment- formal charge by the grand jury
  • 28.
    Make up ofa Jury and how it works Jury selection list prepared by county official Usually taken from the poll book Today may be done from a drivers’ license Most jurors are notified by mail One must show up or be arrested d
  • 29.
    Jury Selection Maybe excused if Suffering from an illness Is a criminal Is illiterate Some professionals Doctors Lawyers Policemen Firemen
  • 30.
    Kinds of StateLaw Law- principle rules of conduct Constitutional Law- highest form of law in America Statutory Law- enacted by legislatures Administrative Law- rules issued on any level Criminal Law- defies public wrongs Civil Law- relates to human behavior Common Law- written laws or made by judges