THE JUDICIAL BRANCH INTRODUCTION TO THE JUDICIAL BRANCH

THE JUDICIAL BRANCH

INTRODUCTION TO THE JUDICIAL BRANCH • No judicial branch under Articles of Confederation • State courts had sole authority over all cases – major weakness of Articles • Judicial Branch created in Article III of the U. S. Constitution • Only 1 federal court created – The U. S. Supreme Court • Gives power to Congress to create any lower federal courts

U. S. COURT SYSTEM TODAY • U. S. has a dual system of courts: • Federal Courts – handle criminal and civil cases involving federal law or any constitutional issue • State Courts – handle criminal and civil cases involving state law • 90% of all cases heard in America happen at the state level. • Criminal Case – Federal Government or state charges an individual with violating one or more laws. • Civil Case – Government resolves a dispute between two parties.

FEDERAL COURT STRUCTURE • Supreme Court – Created by the Constitution • U. S. Court of Appeals – Created by Congress in 1891 – act as federal appeal courts • Federal District Courts – Created by Congress through the Judiciary Act of 1789 - act as federal trial courts

TYPES OF FEDERAL CASES Federal courts can only decide very limited types of cases: • Federal Questions: any case that is considered federal law. Constitutional law, federal crimes, bankruptcy intellectual property (patents, copyrights)… • Treaties and Diplomats: cases that involve ambassadors and the like. • US Government cases: if you wanted to sue the FBI it would be federal. But of you wanted to sue local sheriff, it would be state court. Federal District Court Locations in MI

FEDERAL COURT JURISDICTION • What is Jurisdiction? • The authority of the courts to hear certain cases • Types of Federal Jurisdiction • Original Jurisdiction: authority to hear a case for the first time • Trials are conducted, evidence is presented, and juries determine outcome of case • Federal District Courts and the Supreme Court (in certain cases) have original 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 • Concurrent Jurisdiction: allows certain types of cases to be tried in either the federal or state courts

TYPES OF FEDERAL COURTS Federal District Court • Federal trial courts • Every state has at least one; more people = more district courts • Currently 94 district courts (w/ over 673 judges) • Have original jurisdiction ONLY – no appeals • Decide civil & criminal cases arising under the Constitution & federal laws • Often 1 st & last resort in the federal system • Many don’t even go to trial because of plea deals • Of the cases that do go to trial, less than 15% are later appealed. • Judges serve for life – appointed by President of U. S. and confirmed by Senate • Can only be removed by impeachment with a guilty verdict

TYPES OF FEDERAL COURTS U. S. Courts of Appeal • Created by Congress in 1891 to help lessen the work load of the Supreme Court • Decide appeals from U. S. district courts • 13 U. S. Court of Appeals • States are divided into circuits, or geographic judicial districts. • Also a circuit for Washington, D. C. and a special appeals court with national jurisdiction • Have appellate jurisdiction ONLY (May only review cases already decided by a lower court) • Panel of 3 judges decide cases in the Courts of Appeals • They do not hear cases, they read briefs and make decisions • Judges serve for life – nominated by President and confirmed

TYPES OF FEDERAL COURTS U. S. Supreme Court • Only court actually created directly by the Constitution • Highest court in the federal judicial system • Final authority in dealing with questions arising from the Constitution, federal laws, and treaties • Has both original and appellate jurisdiction • 90% of cases are appeals from lower federal courts • Current size – 8 associate justices and 1 chief justice • Justices nominated by President of the U. S. and confirmed by Senate • Serve for “life”