Chapter 8 The Federal Courts and the Judicial

Chapter 8: The Federal Courts and the Judicial Branch Section 1: The Federal Court System (pgs. 220 -225)

The American Court System • Judicial independence is a cornerstone of our judicial system b/c it helps safeguard the rule of law. • The rule of law is the belief that no person is above the law & all people are entitled to equal justice. • The courts are where people settle disputes. • The courts determine whether a law has been broken, they decide how to provide relief for those who have harmed, & they determine the meaning of a particular law or of the Constitution itself.

A Dual Court System • The Constitution created a dual court system with the state’s courts and the national courts. • The vast majority of cases are heard in state courts & state courts have their power from state constitutions. • The federal courts get their power from the U. S. Constitution. • If state courts contradict each other, the federal courts get to rule on which one is correct.

Jurisdiction • Jurisdiction means the authority to hear and decide a case. • In general state courts hear matters of state law and federal courts hear cases that involve the Constitution or other federal laws. • See the chart on page 221 for federal courts exclusive jurisdiction. • Concurrent jurisdiction refers to cases that fall under both state and federal jurisdiction. This applies when cases involve residents of different states & the amount of money is over &75, 000.

Court System Vocab • The plaintiff is the person making the legal complaint and they can file their case in federal or state court. • The defendant is the person against whom the complaint is filed and they can insist that the case be in federal court. • The court that first hears the case is said to have original jurisdiction. • If the case is appealed to a higher court, it then moves to the court that has appellate jurisdiction.

Structure of the Federal Court System • The Constitution only sets up the Supreme Court with Congress to establish inferior courts. • The Judiciary Act of 1789 proposed a 3 -tiered structure for the federal courts. • They were district courts, circuit courts, and the Supreme Court. • This has remained since 1789.

District Courts • These courts are spread throughout the nation and serve as the trial courts of the federal system. • This means that they have original jurisdiction over nearly all criminal laws like murder & kidnapping. • Civil cases involve disputes between private individuals over money or property. • There are 94 federal judicial districts— 89 in the 50 states & 5 more in D. C. & our territories.

Court of Appeals • These were called circuit courts b/c the judges would travel from district to hear cases. • Courts of appeals hear appeals from district courts and also from those federal agencies that have rule-making and rule-enforcement powers. • The U. S. is divided into 12 different circuits with a court of appeals in each circuit.

The Supreme Court • The Supreme Court is at the top of the federal court system and is mainly an appellate court. • The Supreme Court does have original jurisdiction in “cases affecting Ambassadors, and other public Ministers and Consuls, and those in which a State shall be a Party. ” • Congress sets the number of justices. • The Court received 8, 000 petitions a year and only hears around 100 a year.

Appointing Federal Judges • The Constitution allows the president the power to nominate federal judges and the Senate then must approve. • The nominee needs to have legal expertise. The American Bar Ass. (ABA) reports on their competence. • Today, presidents will only nominate judges that have the same party affiliation. • Democratic presidents usually appoint judges that use judicial activism, while republican presidents usually appoint judges that use judicial restraint. • Presidents usually check with the senators of the state the judge is from before they nominate the judge.

Checks and Balances • Judicial Review– started with Marbury v. Madison in 1803 • The appointment process— involving both the president and the Senate • Congress has the power to impeach and remove judges from office • Must federal judgeships permanent, to made rulings independent. • Judges pay can’t be reduced during their time in office. • Congress and the states can pass an amendment to check the judiciary.