The Judicial Branch Federal Courts. Objectives Know the length of terms of judges Know the jurisdiction of the Supreme Court, Federal Courts, and State.

The Judicial BranchThe Judicial Branch

Federal CourtsFederal Courts

ObjectivesObjectives

Know the length of terms of judges Know the length of terms of judges

Know the jurisdiction of the Supreme Know the jurisdiction of the Supreme Court, Federal Courts, and State CourtsCourt, Federal Courts, and State Courts

Know the processes of selection and Know the processes of selection and confirmation of Supreme Court justices.confirmation of Supreme Court justices.

Political VocabularyPolitical Vocabulary

Judicial RestraintJudicial Restraint

Judicial ActivismJudicial Activism

Criminal CaseCriminal Case

Civil CaseCivil Case

JurisdictionJurisdiction

Original JurisdictionOriginal Jurisdiction

Concurrent JurisdictionConcurrent Jurisdiction

Appellate JurisdictionAppellate Jurisdiction

Exclusive JurisdictionExclusive Jurisdiction

DocketDocket

PrecedentPrecedent

Concurring OpinionConcurring Opinion

Dissenting OpinionDissenting Opinion

Writ of CertiorariWrit of Certiorari

Certificate Certificate

Military TribunalMilitary Tribunal

Civilian TribunalCivilian Tribunal

Court MartialCourt Martial

Purpose of the JudiciaryPurpose of the Judiciary

Decide issues in equity and lawDecide issues in equity and law

Judicial Review- Determining the Judicial Review- Determining the constitutionality of laws.constitutionality of laws.

Marbury v. MadisonMarbury v. Madison

The Structure of the Federal CourtsThe Structure of the Federal Courts

SupremeSupreme CourtCourt

FederalFederalCourt of AppealsCourt of Appeals

(12 Districts)(12 Districts)

Court of AppealsCourt of Appeals for the for the

Armed ForcesArmed Forces

Court of Court of Appeals Appeals for the for the

Federal CircuitFederal Circuit

State State Supreme Supreme CourtsCourts

State State AppellatAppellate Courtse Courts

U.S. U.S. Court of Court of Veteran Veteran AppealsAppeals

U.S.U.S.Superior Superior CourtsCourts

(94 Districts)(94 Districts)

Courts of Courts of AppealAppeal

Army, Navy, Army, Navy, Air Force, Air Force,

Marines, Coast Marines, Coast GuardGuard

FederalFederalClaims Claims CourtsCourts

U.S.U.S.Tax Tax

CourtCourt

U.S. Court of U.S. Court of International International

TradeTradeState State

Superior Superior CourtsCourts

Legal JurisdictionLegal Jurisdiction

ExclusiveExclusive State

Jurisdiction

ExclusiveExclusive Federal

Jurisdiction

Concurrent Jurisdiction

Appellate Jurisdiction

Federal JurisdictionFederal Jurisdiction

Federal Courts may decide a case if the case:Federal Courts may decide a case if the case: involves the Constitution, a federal law, or a treaty.involves the Constitution, a federal law, or a treaty. involves admiralty or maritime law.involves admiralty or maritime law. involves disputes over land between states.involves disputes over land between states. names the Federal government or a state government names the Federal government or a state government

as a party in the case.as a party in the case. involves a disputed sum of $50,000 or more between involves a disputed sum of $50,000 or more between

citizens of two different states.citizens of two different states. involves a foreign diplomat.involves a foreign diplomat.

The US Courts of AppealsThe US Courts of Appeals

Opposing Views of Judicial Opposing Views of Judicial dutiesduties

Judicial philosophy Judicial philosophy proposing that judges proposing that judges should interpret the should interpret the Constitution to reflect Constitution to reflect current conditions and current conditions and values.values.

Examples:Examples: DesegregationDesegregation Further separation of Further separation of

church and statechurch and state

Judicial philosophy Judicial philosophy proposing that judges proposing that judges should interpret the should interpret the Constitution to reflect Constitution to reflect what the framers what the framers intended and what its intended and what its words literally say.words literally say.Examples:Examples:

Striking down the line item Striking down the line item vetoveto

Judicial ActivismJudicial Activism Judicial RestraintJudicial Restraint

Factors Constraining Federal JudgesFactors Constraining Federal Judges

Judicial NominationsJudicial Nominations

Steven Breyer- Pres. ClintonSteven Breyer- Pres. Clinton

Ruth Bader-Ginsburg- Pres. ClintonRuth Bader-Ginsburg- Pres. Clinton

John Roberts –Pres. W. BushJohn Roberts –Pres. W. BushAntoine Scalia- Pres. ReaganAntoine Scalia- Pres. ReaganSamuel Alito Pres. W. BushSamuel Alito Pres. W. BushClarence Thomas- Pres. Bush Sr.Clarence Thomas- Pres. Bush Sr.John Stevens- Pres. FordJohn Stevens- Pres. FordAnthony Kennedy- Pres. ReaganAnthony Kennedy- Pres. ReaganDavid Souter- Pres. Bush Sr.David Souter- Pres. Bush Sr.

ReviewReview

Know the terms of judgesKnow the terms of judges

Know the organization of the court systemKnow the organization of the court system

Know the types of jurisdictionsKnow the types of jurisdictions

Know the selection process of judgesKnow the selection process of judges