THETHE
JUDICIALJUDICIAL
BRANCHBRANCH
The Federal Court SystemThe Federal Court System
established in Article IIIestablished in Article III
The Federal Court system
is established in the
Constitution
TheThe jurisdictionjurisdiction,,
or authority toor authority to
hear and decidehear and decide
a case, is alsoa case, is also
establishedestablished
(III, 2, 1)(III, 2, 1)
The Federal
Courts have
jurisdiction over
the following areas
the Constitutionthe Constitution
federal lawsfederal laws
law of the high seaslaw of the high seas
disputes involving the U.S. Governmentdisputes involving the U.S. Government
disputes between states, or citizens of different statesdisputes between states, or citizens of different states
disputes involving foreign governmentsdisputes involving foreign governments
EVERYTHING ELSE GOESTO THE STATEEVERYTHING ELSE GOESTO THE STATE
AND LOCAL COURTSAND LOCAL COURTS
THE LOWER FEDERALTHE LOWER FEDERAL
COURTSCOURTS
District
Courts
Courts of
Appeals
District CourtsDistrict Courts
• federal courts where lawsuits are begun
• at least 1 per state
• district courts handle most of the Federal
Court System's work (90%)
• district courts have original jurisdiction:
the authority to hear cases the first time
Courts of AppealsCourts of Appeals
(Circuit courts)(Circuit courts)
• these courts only hear
cases that are appealed
from lower courts
• appellate jurisdiction
Additional courtsAdditional courts
Military courts
Territorial courts
US Tax Court
Claims courts
THE U.S. SUPREME COURTTHE U.S. SUPREME COURT
the
highest
court in
the
land
The Supreme Court
rarely has originaloriginal
jurisdictionjurisdiction - almost all of
the cases that come to
the Supreme Court are
from appeals
The JusticesThe Justices
9 Justices, including a Chief Justice
appointed by the President, they hold their terms
until they die, resign, or are impeached
very powerful, very prestigious
The Supreme Court has the power of
judicial reviewjudicial review
this allows the Court to
review any law and
decide if it is
unconstitutional
From Marbury v.
Madison, 1803
but only if the law comes
to the Court in a case
The Supreme
Court is the
final authorityfinal authority
on the
Constitution
and the laws of
the United
States.
How can a
Supreme Court
decision be
overturned?
A new decision
by the Court
A constitutional
amendment
MAKING A RULING
MAKING A RULING
MAJORITY
OPINION
DISSENTING
OPINION
CONCURRING
OPINION
INTERPRETING THE
CONSTITUTION
Judicial Activism vs.
Judicial Restraint
Loose Interpretation vs.
Strict Interpretation

The Judicial Branch

  • 1.
    THETHE JUDICIALJUDICIAL BRANCHBRANCH The Federal CourtSystemThe Federal Court System established in Article IIIestablished in Article III
  • 3.
    The Federal Courtsystem is established in the Constitution TheThe jurisdictionjurisdiction,, or authority toor authority to hear and decidehear and decide a case, is alsoa case, is also establishedestablished (III, 2, 1)(III, 2, 1)
  • 4.
    The Federal Courts have jurisdictionover the following areas the Constitutionthe Constitution federal lawsfederal laws law of the high seaslaw of the high seas disputes involving the U.S. Governmentdisputes involving the U.S. Government disputes between states, or citizens of different statesdisputes between states, or citizens of different states disputes involving foreign governmentsdisputes involving foreign governments EVERYTHING ELSE GOESTO THE STATEEVERYTHING ELSE GOESTO THE STATE AND LOCAL COURTSAND LOCAL COURTS
  • 6.
    THE LOWER FEDERALTHELOWER FEDERAL COURTSCOURTS District Courts Courts of Appeals
  • 7.
    District CourtsDistrict Courts •federal courts where lawsuits are begun • at least 1 per state • district courts handle most of the Federal Court System's work (90%) • district courts have original jurisdiction: the authority to hear cases the first time
  • 9.
    Courts of AppealsCourtsof Appeals (Circuit courts)(Circuit courts) • these courts only hear cases that are appealed from lower courts • appellate jurisdiction
  • 11.
    Additional courtsAdditional courts Militarycourts Territorial courts US Tax Court Claims courts
  • 12.
    THE U.S. SUPREMECOURTTHE U.S. SUPREME COURT the highest court in the land
  • 13.
    The Supreme Court rarelyhas originaloriginal jurisdictionjurisdiction - almost all of the cases that come to the Supreme Court are from appeals
  • 14.
    The JusticesThe Justices 9Justices, including a Chief Justice appointed by the President, they hold their terms until they die, resign, or are impeached very powerful, very prestigious
  • 15.
    The Supreme Courthas the power of judicial reviewjudicial review this allows the Court to review any law and decide if it is unconstitutional From Marbury v. Madison, 1803 but only if the law comes to the Court in a case
  • 16.
    The Supreme Court isthe final authorityfinal authority on the Constitution and the laws of the United States.
  • 17.
    How can a SupremeCourt decision be overturned? A new decision by the Court A constitutional amendment
  • 18.
  • 19.
  • 20.
    INTERPRETING THE CONSTITUTION Judicial Activismvs. Judicial Restraint Loose Interpretation vs. Strict Interpretation

Editor's Notes

  • #19 http://faculty.smu.edu/jkobylka/SupremeCourt/SC2000Term.gif