I: Federal CourtsI: Federal CourtsA: Article III of the Constitution lays the A: Article III of the Constitution lays the foundation for the Judicial Branch.foundation for the Judicial Branch.

1. The Judiciary Act (1789) 1. The Judiciary Act (1789) established federal district courts.established federal district courts.

2. In 1891, Congress created 2. In 1891, Congress created federal appeals courts and circuits, or federal appeals courts and circuits, or districts the courts serve.districts the courts serve.B: Federal Court Jurisdiction :B: Federal Court Jurisdiction : Jurisdiction=the authority to hear and Jurisdiction=the authority to hear and decide cases to Federal Court.decide cases to Federal Court.•1.1. Federal District Courts hear all Federal District Courts hear all cases related to the Constitution i.e. cases related to the Constitution i.e. civil rights violations, voting rights etc.civil rights violations, voting rights etc.•2.2. Federal Crimes ( kidnapping, tax Federal Crimes ( kidnapping, tax evasion, bank robbery, counterfeiting…evasion, bank robbery, counterfeiting…etcetc

II: Types of JurisdictionII: Types of Jurisdiction

A: Exclusive jurisdiction: Federal A: Exclusive jurisdiction: Federal courts only hear cases that effect courts only hear cases that effect Federal Laws. They do not intercede Federal Laws. They do not intercede on laws pertaining to state laws that on laws pertaining to state laws that are broken.are broken.

B: Concurrent jurisdiction: Either B: Concurrent jurisdiction: Either Federal or State Courts can try the Federal or State Courts can try the case. Some appeals can even reach case. Some appeals can even reach the US Supreme Court.the US Supreme Court.

III: How are the Federal Courts III: How are the Federal Courts organizedorganized

A: US District Court: Trials are held A: US District Court: Trials are held and large lawsuits are tried. US and large lawsuits are tried. US District Courts have District Courts have original original jurisdiction meaning all federal jurisdiction meaning all federal cases start cases start in District Court.in District Court. Witnesses testifyWitnesses testify Juries decide verdictJuries decide verdict Judge passes sentenceJudge passes sentence

B: There are 94 district courts. B: There are 94 district courts.

Federal Courts continuedFederal Courts continued C: US Court of Appeals: Reviews decisions from C: US Court of Appeals: Reviews decisions from

lower District Courtslower District Courts Referred to as Appellate jurisdictionReferred to as Appellate jurisdiction Lawyers argue that rights were violated, new Lawyers argue that rights were violated, new

evidence is obtained and could impact the evidence is obtained and could impact the verdict.verdict.

There are 12 United States courts of appeals. There are 12 United States courts of appeals. Have jurisdiction over circuits (geographic Have jurisdiction over circuits (geographic areas)areas)

Our (NC) Court of Appeals is in the 4Our (NC) Court of Appeals is in the 4thth Circuit, Circuit, Richmond, VA.Richmond, VA.

Judges but no juriesJudges but no juries

2: Making a Decision2: Making a Decision

Court of Appeals does not hold trial.Court of Appeals does not hold trial. A panel of 3 or more judges review A panel of 3 or more judges review

the case and listens to arguments.the case and listens to arguments. They may uphold the lower courts They may uphold the lower courts

original decision, reverse the original decision, reverse the decision, or decision, or remand remand the case (send the case (send the case back to the lower court to the case back to the lower court to be tried again.)be tried again.)

The US SUPREME COURTThe US SUPREME COURT

I: Judicial Branch: Interprets the lawI: Judicial Branch: Interprets the law

A: A: United States Supreme United States Supreme CourtCourt

• Highest court in the Highest court in the landland• Limited original Limited original jurisdictionjurisdiction• Judges hear both Judges hear both sides, sides, asks asks constitutional constitutional questions.questions.• No juries or No juries or witnesses.witnesses.

C: Two Kinds of Cases heard in the C: Two Kinds of Cases heard in the Supreme Court. Supreme Court.

Original jurisdiction means the Original jurisdiction means the Supreme Court is the Supreme Court is the firstfirst to hear the to hear the case, acting as a trial court. The only case, acting as a trial court. The only cases cases currentlycurrently heard under original heard under original jurisdiction involve jurisdiction involve disputes disputes between the statesbetween the states, and account for , and account for only a tiny percent of the Court's work only a tiny percent of the Court's work each year.each year.

Example; South Carolina v. Georgia Example; South Carolina v. Georgia suing one another over nuclear waste suing one another over nuclear waste dump.dump.

Supreme Court cases.Supreme Court cases. Under appellate jurisdiction:Under appellate jurisdiction:

The Supreme Court hears appeals of cases that raise The Supreme Court hears appeals of cases that raise important "federal questions" involving the US important "federal questions" involving the US Constitution, Federal laws and US Treaties. The Constitution, Federal laws and US Treaties. The Supreme Court may hear cases from both federal and Supreme Court may hear cases from both federal and state court systems under the following general state court systems under the following general classes: classes: A: Cases involving the constitutionality of the laws A: Cases involving the constitutionality of the laws passed by the Legislative Branch- Supreme Court passed by the Legislative Branch- Supreme Court

B: Citizens from different statesB: Citizens from different states C: The Govt vs. a private business or a private citizen C: The Govt vs. a private business or a private citizen

can sue the Federal govt for grievances brokencan sue the Federal govt for grievances broken D: Foreign Govt. and TreatiesD: Foreign Govt. and Treaties E: Admiralty and Maritime LawE: Admiralty and Maritime Law F: US Diplomats- Diplomats overseas who break an F: US Diplomats- Diplomats overseas who break an

American law are tried in Supreme CourtAmerican law are tried in Supreme Court

Supreme CourtSupreme Court 8 Justices- Head Justice is 8 Justices- Head Justice is

called called Chief JusticeChief Justice Thurgood Marshall – first Thurgood Marshall – first

African American Justice-African American Justice-Appointed by John F. Appointed by John F. Kennedy in 1967Kennedy in 1967

Sandra Day O’Conner- first Sandra Day O’Conner- first female Justice appointed female Justice appointed by Ronald Reagan in 1981by Ronald Reagan in 1981

Sonia Sotomayor- first Sonia Sotomayor- first Hispanic to serve as Hispanic to serve as Justice- appointed by Justice- appointed by Barack Obama in 2010Barack Obama in 2010

Other Court OfficialsOther Court Officials

Federal Federal MagistratesMagistrates

Issue court orders, Issue court orders, hear evidence, hear evidence, may hear casesmay hear cases

US Attorneys: gov’t US Attorneys: gov’t lawyers who lawyers who prosecute people prosecute people accused of federal accused of federal crimescrimes

U.S. Marshalls: U.S. Marshalls: make arrests, make arrests, order in courts, order in courts, serve subpoenasserve subpoenas

Duties of the CourtDuties of the Court

Hear and rule on casesHear and rule on cases Choose cases to be heard among thousands Choose cases to be heard among thousands

submittedsubmitted Decide cases and submit written explanation Decide cases and submit written explanation

for the decision called the for the decision called the Court’s opinion.Court’s opinion. President appoints JusticePresident appoints Justice Vacancies open up due to the resignation or Vacancies open up due to the resignation or

death of a justice.death of a justice. Most justices are lawyers but there is no legal Most justices are lawyers but there is no legal

requirement that they must be lawyers.requirement that they must be lawyers.

Powers and LimitationsPowers and Limitations Holds power of Judicial Review –check on the Holds power of Judicial Review –check on the

Legislative BranchLegislative Branch Depends on Executive Branch to enforce its decisionsDepends on Executive Branch to enforce its decisions Most presidents follow the court although there have Most presidents follow the court although there have

been exceptions. Andrew Jackson refused to obey the been exceptions. Andrew Jackson refused to obey the John Marshall court when they ruled in favor of the John Marshall court when they ruled in favor of the Cherokee Nation in 1832. Because the public favored Cherokee Nation in 1832. Because the public favored Jackson there was not public pressure for Jackson to Jackson there was not public pressure for Jackson to uphold the Court’s decision.uphold the Court’s decision.

The Legislative Branch can check the Court by passing The Legislative Branch can check the Court by passing a new law ruled unconstitutional by court or by a new law ruled unconstitutional by court or by passing an amendment to the Constitution.passing an amendment to the Constitution.

Stays out of political questions-but had to decide the Stays out of political questions-but had to decide the 2000 presidential election because of election results. 2000 presidential election because of election results. Bush v. Gore was decided based on voting rights.Bush v. Gore was decided based on voting rights.