THE JUDICIAL BRANCH: THE

FEDERAL COURT SYSTEM

CHAPTER SEVEN, SECTION TWO

FEDERAL COURTS
There are three levels of federal courts:
U.S. District Courts
The lowest level.

U.S. Courts of Appeals

The second level.

U.S. Supreme Court

The highest level.

JURISDICTION
Jurisdiction of a court is the extent or scope of
authority that court has to hear and decide a case
that has been brought before it.
Two types of Jurisdiction:
Original Jurisdiction: the authority to be the first courts in
which cases are heard.
Appellate Jurisdiction: the power to review decisions
made by lower courts.

FEDERAL DISTRICT COURTS

District courts
Are the trial courts.
They are courts of original jurisdiction.
They cannot hear appeals from other courts.

Are the only federal courts in which jury trials are held.

There are 94 federal district courts in the U.S.

At least one in each of the 50 states and in the District of
Columbia.
Some states are divided into as many as 4 districts.

U.S. DISTRICT JUDGES

To help ensure that judges are not punished for
their decisions:
They are appointed for life by the president and must be
approved by the Senate.
They can only be removed from office by Congress
through the impeachment process.
During their time in office, a judges pay cannot be
lowered by Congress or the President.

U.S. DISTRICT JUDGES

They conduct both civil and criminal trials, with
and without juries.
In trials without juries the judge decides which side wins.
In civil cases the judge also sets the remedy for the winner.
In criminal cases the judge also decides the punishment.

In a federal district court there may be one or

there may be as many as 28 judges depending on
the caseload of that court.

U.S. COURTS OF APPEALS

These courts have appellate jurisdiction.
Therefore, after a trial in a district court, the losing party
may make an appeal in the Court of Appeals.

The 94 district courts are divided into 12 judicial

circuits, each circuit has its own court of appeals.
Each court of appeals has between 6-28 judges,
all of which are appointed for life.

U.S. COURTS OF APPEALS

Courts of appeal do not hold trials. Instead, a
panel of at least three judges make a decision on
the case based on majority vote.
The judges do not determine whether the
accused person is guilty or innocent of the crime,
their job is to determine only whether the original
trial was fair and if the law was interpreted
correctly.
They can either uphold the decision made in the
district court or send it back for a new trial.

THE SUPREME COURT

The size of the Supreme Court is determined by
Congress and has been the same since 1869.
This court consists of nine justices or judges, that
are appointed for life, and meet in Washington
D.C.
There is a chief justice, who is the principal judge
and eight associate justices.
This court is predominantly an appeals court,
reviewing cases that have been tried in lower
federal courts or state courts.

THE SUPREME COURT

However, the Supreme Court possesses original
jurisdiction in three types of cases:
1.) In cases involving diplomatic representatives of other
countries.
2.) In cases between states.
3.) In cases involving a state and the federal government.

THE JUDICIAL BRANCH:

THE SUPREME COURT
CHAPTER SEVEN, SECTION THREE

THE POWER OF JUDICIAL REVIEW

Judicial review: is the courts power to decide
whether a law or presidential action is in
agreement with the Constitution.
The Supreme Court holds the ultimate authority
to make this decision.
The Constitution does not explicitly give the
judicial branch the power of judicial review.
Justice John Marshall established the power in 1803 when
he claimed that the Judiciary Act of 1798 was
unconstitutional.

CHOOSING CASES
More than 7,000 cases are filed with the Supreme
Court each year.
Merely, 130-150 are heard by the Supreme Court.
If they refuse to review a case then the decision of the lower
court remains in effect.
They may also remand, or return a case to a lower court for a
new trial.

At least 4/9 of the justices must vote to hear a case, and

they generally only choose cases that deal with important
constitutional or national questions.

HEARING AND DECIDING CASES

The Supreme Court hears cases by oral
argument.
Lawyers for the parties in a case each have 30
minutes to present their arguments.
Then the justices read over written argument.
Finally, they hold a private meeting in which they
vote.
Each justice possesses one vote, and decisions are made
by majority rule.

HEARING AND DECIDING CASES

After they vote, the Court delivers its opinion.
An opinion explains the reasoning that led to the
decision.
Concurring opinion: is an explanation of a justice
who agrees with the decision of the majority; but
for different reason.
Dissenting opinion: is an explanation of the
reasoning of justices who disagree with a majority
Supreme Court decision.

CHECKING THE COURTS POWER

The Executive Branch has the power to appoint all
federal judges
The Legislative Branch must confirm all nominees
by a majority vote.
The Legislative Branch must attempt to write a
better law or amend the already exiting one when
the courts deem it unconstitutional.
Another way for Congress to check the Courts
power is to amend the Constitution.
For example in 1895, the Courts declared that an income
tax Congress passed was unconstitutional, in response in
1913 the 16th Amendment was ratified to allow this power.

STRENGTHENING RIGHTS
Supreme Court decisions have allowed the
Constitution to meet the demands of changing
times.
Ex. Plessy v. Ferguson and Brown v. The Board of
Education.