Article III – The Judicial Branch. The Judicial Branch – The Federal Court System The Federal Court System Articles of Confederation Major Weakness.

Article III The Judicial Branch

The Judicial Branch The Federal Court SystemThe Federal Court SystemArticles of ConfederationMajor Weakness No CourtsEach State had own courts and lawsArticle III of the ConstitutionCreated a Supreme CourtCongress can create inferior courts (courts of lower authority)Judiciary Act of 1789 created federal district courtsLater in 1791 appeals courts were created

The Judicial Branch The Federal Court SystemCriminal and Civil CasesThere are two court systems in the US federal and state courtsState courts hear most legal disputesCriminal cases cases in which juries decide whether people have committed crimes The cases are heard in state courtsCivil cases cases in which two sides disagree over some issue

The Judicial Branch The Federal Court SystemFederal Court JurisdictionJurisdiction the authority to hear and decide a case

The Judicial Branch The Federal Court SystemFederal courts have jurisdiction in the following areasThe Constitution a constitutional right has been violatedFederal laws and Federal crimes kidnapping, bank robberyAdmiralty and Maritime law crimes and accidents on the high seas or related to the seas

The Judicial Branch The Federal Court SystemDisputes in which the US government is involved the government can sue if someone does not live up to their part of a contract or a person/company can take the government to court if they do not believe the government lived up to their part of a contractControversies between states any disagreement between states

The Judicial Branch The Federal Court SystemControversies between citizens of different states if a person in Maine is cheated by a person from California and it is worth more than $50,000, then the federal courts can interveneDisputes involving foreign governments any dispute between an American (US government, American company) and a foreign countryUS ambassadors, ministers, and consuls serving in foreign countries if an ambassador breaks an American law in the embassy, the federal courts will hear the case

The Judicial Branch The Federal Court SystemExclusive jurisdiction only federal courts may hear the caseConcurrent jurisdiction state and federal courts share jurisdiction

The Judicial Branch The Lower Federal CourtsDistrict CourtsLowest level of the federal court systemAre where trials are held and lawsuits beginOriginal jurisdiction authority to hear cases for the first timeOnly federal courts is where jury trials are heldEach district is a geographic area mail fraud, income tax evasion, bank robbery and treason

The Judicial Branch The Lower Federal CourtsCivil cases disputes involving labor relations, public lands, copyright and patent laws, and civil rightsConstitution states such Trial shall be held in the State where the said Crimes shall have been committed

The Judicial Branch The Lower Federal CourtsDistrict Court JudgesEach district has at least twoEach district court judgeDecides procedures to be followedExplain the law involved in a case to the juryDecide on punishment/fine when the jury finds a defendant guiltyAre paidCannot have pay reduced during term in office

The Judicial Branch The Lower Federal CourtsOther District Court OfficialsMagistrateIssues court ordersHears preliminary evidence to determine whether the case should be brought to trialHear minor casesUS AttorneyGovernments lawyerHis/Her job to prove that a suspect has committed a crimeDo most of the trial work

The Judicial Branch The Lower Federal CourtsServing SubpoenasMarshal Arrests suspectsDelivers defendants to courtServes subpoenas court order requiring someone to appear in courtClerks and Secretaries and other individuals who paper push to make judicial branch work as swiftly as possible

The Judicial Branch The Lower Federal CourtsUS Courts of AppealsAlso called federal appeals courts (are above district courts)Jurisdiction appellate jurisdictionHear only cases which have gone to district courts or through federal regulatory agenciesCan only be used if the law was not followed properly or if procedures were not followed properlyCreated to ease the work of the Supreme CourtThere are 12 circuits or geographic areas

The Judicial Branch The Lower Federal CourtsAppeals Court JudgesThere are 6 to 27 per courtThey do not preside over trialsNo jury only a panel of three judges hear arguments and review casesThey only rule if rights are protected and a fair trial was received

The Judicial Branch The Lower Federal CourtsThree types of rulingsUphold the lower courts verdictRemand (return) the case for a new trialOverturn the decisionAppeals courts decision is usually finalVery few cases reach the Supreme Court

The Judicial Branch The Lower Federal CourtsSpecial Federal CourtsUS Tax Courts hears appeals dealing with federal tax lawsUS Court of Federal Claims citizens who sue the government for money claimsUS Court of Military Appeals appeals court for armed forces (after an individual has been court marshaled)US Court of International Trade disputes arising from tariff and trade laws

The Judicial Branch The Supreme CourtThe Power of the Supreme CourtOriginal jurisdictionPreside over trials in cases that involve diplomats from foreign countriesPreside over trials where states sue each other (usually the Supreme Court allows a district court to hear this)

The Judicial Branch The Supreme CourtAppellate jurisdiction in all other cases of over 6,000 appealed usually around 150 are heardPose significant legal or constitutional questionsOf great public interest or concernJudicial Review - court may review any federal or state law to see if it is in compliance with the Constitution

The Judicial Branch The Supreme CourtJudicial ReviewOne of the most important powers of the Supreme CourtIf a law is in conflict it will be found unconstitutional and be nullifiedThe Supreme Court is the final authority on the Constitution

The Judicial Branch The Supreme CourtMarbury v. MadisonEstablished judicial review in 1803President John Adams made some midnight appointments; Marbury, who was appointed a justice of the peace, took James Madison to the Supreme Court for not carrying out President Adams appointments invoking the Judiciary Act of 1789)

The Judicial Branch The Supreme CourtChief Justice John Marshall wrote the majority opinion turning down Marburys claim and the three basic principles of judicial review were created:The Constitution is the supreme law of the landWhere there is a conflict between the Constitution and any other law, the Constitution must be followedThe judicial branch has the duty to uphold the Constitution and nulify or cancel any law in conflict with the Constitution

The Judicial Branch The Supreme CourtThe power of judicial review has become an important check on any other branchChecking the Courts PowerCongress can change laws so they are no longer in conflictCongress can create a new amendment

The Judicial Branch The Supreme CourtControversy and the CourtThe Court has made people very MAD (they may even ask Congress to change a law to fix the problem)1857 Dred Scott v. Sanford ruling; the Constitution did not prohibit slavery in the territories (Slaves were not citizens and therefore could not sue in the federal courts)Amendment 13 changed that

The Judicial Branch The Supreme CourtSupreme Court JusticesThere are eight associate justices and one chief justiceNot set formal qualificationsInformal qualificationAll have been lawyersMost have been judgesMany have been public officialsW.H. Taft was the only chief justice to have been President first

The Judicial Branch The Supreme CourtAppointment by the President and approval by the SenateThe President tries to appoint judges who share the same ideology, but once appointed the have no obligation to follow the Presidents line

The Judicial Branch The Supreme CourtFacts about the Supreme CourtMost justices have been white malesThurgood Marshall (1967) and Clarence Thomas (1991) were the first African Americans Sandra Day OConnor (1981) and Ruth Bader Ginsberg (1993) were the first women