Post on 14-Nov-2014
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THE THE JUDICIAL JUDICIAL BRANCHBRANCH
The Federal Court SystemThe Federal Court System established in Article IIIestablished in Article III
The Federal Court system is established in the
Constitution
The The jurisdictionjurisdiction, or , or authority to hear authority to hear
and decide a case, and decide a case, is also establishedis also established
(III, 2, 1)(III, 2, 1)
The Federal Courts have
jurisdiction over the following areas
the Constitutionthe Constitution
federal lawsfederal laws
law of the high seaslaw of the high seas
disputes involving the U.S. Governmentdisputes involving the U.S. Government
disputes between states, or citizens of different statesdisputes between states, or citizens of different states
disputes involving foreign governmentsdisputes involving foreign governments
EVERYTHING ELSE GOESTO THE STATE EVERYTHING ELSE GOESTO THE STATE AND LOCAL COURTSAND LOCAL COURTS
THE LOWER FEDERAL THE LOWER FEDERAL COURTSCOURTS
District Courts
Courts of Appeals
District CourtsDistrict Courts
• federal courts where lawsuits are begun
• at least 1 per state
• district courts handle most of the Federal Court System's work (90%)
• district courts have original jurisdiction: the authority to hear cases the first time
Courts of AppealsCourts of Appeals(Circuit courts)(Circuit courts)
• these courts only hear cases that are appealed from lower courts
• appellate jurisdiction
Additional courtsAdditional courtsMilitary courts
Territorial courts
US Tax Court
Claims courts
THE U.S. SUPREME COURTTHE U.S. SUPREME COURT
the highest court in
the land
The Supreme Court rarely has original original
jurisdictionjurisdiction - almost all of the cases that come to the Supreme Court are
from appeals
The JusticesThe Justices
9 Justices, including a Chief Justiceappointed by the President, they hold their terms until they die, resign, or are impeached
very powerful, very prestigious
The Supreme Court has the power of
judicial reviewjudicial review this allows the Court to
review any law and decide if it is unconstitutional
From Marbury v. Madison, 1803
but only if the law comes to the Court in a case
The Supreme Court is the
final authorityfinal authority on the
Constitution and the laws of
the United States.
How can a Supreme Court
decision be overturned?A new decision by the Court
A constitutional amendment
MAKING A RULING
MAKING A RULING
MAJORITY OPINION
DISSENTING OPINION
CONCURRING OPINION
INTERPRETING THE CONSTITUTION
Judicial Activism vs. Judicial Restraint
Loose Interpretation vs. Strict Interpretation