Chapter Introduction

Section 1: The Federal Courts

Section 2: How Federal Courts Are Organized Section 3: The Supreme Court

Section 4: The Supreme Court at Work

Visual Summary

What would our country be without a judicial system or a way of enforcing our laws? The courts see to it that our nations laws are justly applied. They also interpret the laws that protect the rights the Constitution guarantees. As you read this chapter, think about how the federal court system developed.

Section 1: The Federal Courts

Under our federal system, the executive, legislative, and judicial branches share the responsibility of governing the nation. Three levels of federal courts try to ensure that everyone in the United States receives equal justice under the law.

Section 2: How Federal Courts Are Organized

Under our federal system, the executive, legislative, and judicial branches share the responsibility of governing the nation. The different levels of federal courts each deal with a different caseload, ensuring all citizens receive a speedy trial or day in court.

Section 3: The Supreme Court

The judicial branch is charged with interpreting the law. The Supreme Courts decisions have wideranging effects because court justices interpret the meaning of the U.S. Constitution.

Section 4: The Supreme Court at Work

The judicial branch is charged with interpreting the law. Supreme Court justices weigh many factors and go through several complex steps before making a decision.

Guide to Reading
Big Idea
Under our federal system, the executive, legislative, and judicial branches share the responsibility of governing the nation.

Guide to Reading
Content Vocabulary
circuit jurisdiction exclusive jurisdiction

concurrent jurisdiction

Academic Vocabulary
acknowledge

circumstance

Do you think that everyone is treated equally in the United States? A. Yes B. No A. A B. B
0%
A

0%
B

Equal Justice for All

The courts that make up the judicial branch try to ensure that our nations laws are justly enforced.

Equal Justice for All (cont.)

Federal courts make up the third branch of the U.S. government. The United States Supreme Court is the top federal court

Equal Justice for All (cont.)

Idea of equal justice: Right to a public trial and a lawyer Innocent until proven guilty Right to ask for a review of case

Do you agree that the idea of equal justice is difficult to achieve? A. Agree B. Disagree A. A B. B
0%
A

0%
B

Federal Courts
The Constitution gives the federal courts the authority to hear and decide certain types of cases.

Federal Courts (cont.)

Article III of the Constitution: Established a national Supreme Court Gave Congress power to establish lower federal courts

Federal Courts (cont.)

The Judiciary Act Passed in 1789 Established federal district courts and circuit courts of appeals

Federal Courts (cont.)

System of federal appeals courts Established by Congress in 1891

Federal Courts (cont.)

Three levels of federal court system: The district courts The appeals courts The Supreme Court

Federal Courts (cont.)

Jurisdiction of the federal courts: The Constitution Federal laws Disputes between states Citizens from different states The federal government

Foreign governments and treaties

Federal Courts (cont.)

Admiralty and maritime laws U.S. diplomats Exclusive jurisdiction of the federal courts

Federal Judicial Circuits

Federal Courts (cont.)

Concurrent jurisdiction: Crimes that violate both state and federal law Disputes concerning at least $50,000

Which cases do you think are the most important for federal courts to decide upon? A. Cases involving the Constitution B. Cases involving federal laws

C. Cases involving disputes between states

D. Cases involving the federal government
0%
A

A. A B. B C. 0% C 0% D. D
C

0%
D

Guide to Reading
Big Idea
Under our federal system, the executive, legislative, and judicial branches share the responsibility of governing the nation.

Guide to Reading
Content Vocabulary
district court original jurisdiction appeals court appellate jurisdiction remand opinion precedent

Academic Vocabulary
affect submit

Do you agree that the Senate should have to approve a presidents candidate for federal judge? A. Agree

B. Disagree

A. A B. B
0%
A

0%
B

The Lower Federal Courts

There are three types of federal courts: district courts, courts of appeals, and the Supreme Court.

The Lower Federal Courts (cont.)

The lower federal courts are the district courts and the appeals courts.

The Lower Federal Courts (cont.)

District courts: 94 in all Original jurisdiction Determine the facts of a case Witnesses testify and juries reach verdicts

The Lower Federal Courts (cont.)

Appeals courts: Review decisions of district courts Appellate jurisdiction 12 in all Court of Appeals for the Federal Circuit

United States Court System

The Lower Federal Courts (cont.)

Uphold, reverse, or remand a case Decision by majority vote Rulings concern only protection of rights and fair trial

Opinion for the court sets precedent

Why do you think appeals courts are necessary? A. They rule on whether a defendants rights have been protected. B. They rule on whether a defendant received a fair trial. C. They set precedents for all courts and agencies within their districts.

0%
A

D. All of the above

A. A B. B C. 0% C 0% D. D
C

0%
D

Federal Judges
Federal judges interpret the laws and protect the rights the Constitution guarantees.

Federal Judges (cont.)

Federal judges are the chief decision makers in the judicial branch. More than 650 district court judges Six to 28 judges in each appeals court

Nine Supreme Court justices

Federal Judges (cont.)

Article II, Section 2, of the Constitution: Federal judges appointed by the president with consent of the Senate No particular qualifications for federal judges

Federal Judges (cont.)

Senatorial courtesy President submits name to states Senators for consideration Applies only to district and other trial courts

Federal Judges (cont.)

Appointed for life

Federal Judges (cont.)

Magistrate judges: Take care of routine work Issue court orders Hear preliminary evidence Decide whether people should be held in jail or released on bail Hear minor cases

Federal Judges (cont.)

U.S. attorneys: Prosecute people accused of breaking federal laws Represent the nation in civil cases involving the government Four-year terms Appointed by the president with consent of the Senate Report to the attorney general

Federal Judges (cont.)

U.S. marshals: Make arrests Collect fines Take convicted persons to prison Protect jurors Keep order in federal courts

Serve legal papers

Do you think that federal judges should be removed from office if they make unpopular decisions? A. Yes B. No A. A B. B
0%
A

0%
B

Guide to Reading
Big Idea
The judicial branch is charged with interpreting the law.

Guide to Reading
Content Vocabulary
judicial review constitutional

Academic Vocabulary
philosophy

conflict

Do you think that Supreme Court justices should have to be lawyers? A. Yes B. No A. A B. B
0%
A

0%
B

Jurisdiction and Powers

The Supreme Court is composed of nine justices: the chief justice of the United States and eight associate justices.

Jurisdiction and Powers (cont.)

The Supreme Court decides whether laws are allowable under the U.S. Constitution.

Jurisdiction and Powers (cont.)

Original jurisdiction: Cases involving diplomats from foreign countries Disputes between states

Jurisdiction and Powers (cont.)

Other cases Hears appeal cases from lower courts Does not have to hear every case presented

Jurisdiction and Powers (cont.)

Eight associate justices led by a chief justice Duty of justices is to hear and rule on cases

Jurisdiction and Powers (cont.)

Selection of justices: Appointed by president Senate approval Rejection of nominees

Jurisdiction and Powers (cont.)

Background of justices Lawyers Judges in lower courts Other public positions

Jurisdiction and Powers (cont.)

Thurgood Marshall was first African American justice in 1967 Sandra Day OConnor was first female justice in 1981

Who do you think has the most influence on a presidents decision to nominate a candidate for Supreme Court justice?

A. Justice Department officials

B. Supreme Court justices C. The American Bar Association
0%
A

D. Interest groups

A. A B. B C. C 0% 0% 0% D. D
C D

Powers of the Court

The Supreme Court is the final court to which anyone can appeal a legal decision.

Powers of the Court (cont.)

The legislative and executive branches of government must follow the Supreme Courts rulings.

Powers of the Court (cont.)

Powers of the Supreme Court: Judicial review to determine if any federal, state, or local law is constitutional Judiciary Act of 1789 Marbury v. Madison

Powers of the Court (cont.)

Principles of judicial review Constitution is supreme law Judicial branch must uphold the constitution

Powers of the Court (cont.)

Limits on the Supreme Court: Dependent on the executive branch and officials to enforce rulings Worcester v. Georgia Congress and Court rulings

Powers of the Court (cont.)

Hear and make rules only on the cases that come to it Accepts only cases that involve a federal question

2000 presidential election

Do you agree that Congress should be allowed to undo Court rulings by adopting new amendments to the Constitution? A. Agree B. Disagree
0%
A

A. A B. B
0%
B

Guide to Reading
Big Idea
The judicial branch is charged with interpreting the law.

Guide to Reading
Content Vocabulary
docket brief majority opinion unanimous opinion communicate attitude concurring opinion

dissenting opinion
stare decisis

Academic Vocabulary

Do you think that the Supreme Court should hear every case that is brought before it? A. Yes

B. No

A. A B. B
0%
A

0%
B

Court Procedures
The Supreme Court is not required to hear all cases presented before it and carefully chooses the cases it will consider.

Court Procedures (cont.)

Supreme Court justices meet each year for a nine-month term. Special sessions Supreme Court justices will place an accepted case on the court's docket, or calendar, if four out of the nine justices agree to do so.

Court Procedures (cont.)

Accepting a case Significant constitutional question Deal with real people and events Address legal rather than political issues

Supreme Court Caseload

Court Procedures (cont.)

Constitutional questions: Freedom of speech Equal protection of the laws Fair trial

Court Procedures (cont.)

Writ of certiorari

Court Procedures (cont.)

Supreme Court cases go through a series of steps: Written arguments Oral arguments

Conference
Opinion writing Announcement

Court Procedures (cont.)

Preparing and studying a brief Oral arguments Secret conference of justices Reaching a decision

Court Procedures (cont.)

Opinion writing takes several documents: Majority opinion Concurring opinion Dissenting opinion Unanimous opinion

Court Procedures (cont.)

Announcing the opinion

Do you think that every Supreme Court decision should be unanimous? A. Yes B. No

A. A B. B
0%
A

0%
B

Reasons for Decisions

The law, social conditions, and legal and personal views are among the factors that influence the decisions of the Supreme Court.

Reasons for Decisions (cont.)

There are many factors that influence Supreme Court decisions.

Reasons for Decisions (cont.)

Law as the foundation: Stare decisis Adapting to changing times Clarifying the meaning of the Constitution Bush v. Gore

Reasons for Decisions (cont.)

Social conditions: Segregation Plessy v. Ferguson Brown v. Board of Education of Topeka, Kansas

Landmark Decisions of the Supreme Court

Reasons for Decisions (cont.)

Different views of the law Personal beliefs

Which do you think has the biggest influence on Supreme Court decisions? A. The law B. Changing social conditions C. Differing legal views
0%
A

0%
B

D. Personal beliefs

A. B. 0% C. D.

A B 0% C D

The Judicial Branch

The Constitution provided for a Supreme Court of the United States as part of a court system that would balance the powers of the other two branches of government. The United States judiciary consists of parallel systems of federal and state courts.

Federal Court System

District Courts are the federal courts where trials are held and lawsuits are begun. Courts of Appeals review decisions made in lower district courts. Once appointed, federal judges may have their jobs for life.

The Supreme Court

The Supreme Court is the final authority in the federal court system. Most of the Supreme Court cases come from appeals of lower court decisions. Judicial review gives the Supreme Court the authority to determine the constitutionality of government laws and actions.

The Supreme Court (cont.)

The Supreme Court is made up of eight associate justices and a chief justice. The Supreme Court does not have unlimited powers. The Constitution provides that the legislative and executive branches of the national government have several ways to check the Supreme Court's power.

Decisions of the Court

The Courts decisions are written in an opinion.

When all justices unanimously agree on an opinion, it is written for the entire Court in a unanimous opinion.
When there is not a unanimous opinion, a majority opinion is written. One or more dissenting opinions are usually written by those justices who do not agree with the majority.

District Court, Appeals Court, Supreme Court

After a suite is brought to the Court, the Court can declare that law unconstitutional.

circuit
the area of jurisdiction of a federal court of appeals

jurisdiction
a courts authority to hear and decide cases

exclusive jurisdiction
authority of only federal courts to hear and decide cases

concurrent jurisdiction
authority for both state and federal courts to hear and decide cases

acknowledge
to recognize the existence of or to make something known

circumstance
an incident or occurrence; a condition that accompanies or determines a fact or event

district courts
federal courts where trials are held and lawsuits are begun

original jurisdiction
the authority to hear cases for the first time

appeals court
a court that reviews decisions made in lower district courts

appellate jurisdiction
the authority of a court to hear a case appealed from a lower court

remand
to send a case back to a lower court to be tried again

opinion
a detailed explanation of the legal thinking behind a courts decision in a case

precedent
a ruling that is used as the basis for a judicial decision in a later, similar case

affect
to produce an effect on

submit
to present for review or decision

judicial review
the power of the Supreme Court to say whether any federal, state, or local law or government action goes against the Constitution

constitutional
in accordance with the Constitution

philosophy
a system of beliefs or principles about practical affairs

conflict
to clash or oppose; a struggle or disagreement

docket
a courts calendar, showing the schedule of cases it is to hear

brief
a written document explaining the position of one side or the other in a case

majority opinion
a statement that presents the views of the majority of Supreme Court justices regarding a case

unanimous opinion
the Supreme Court rules on a case in which all justices agree on the ruling

concurring opinion
a statement written by a justice who votes with the majority, but for different reasons

dissenting opinion
a statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

stare decisis
the practice of using earlier judicial rulings as a basis for deciding cases

communicate
to exchange information, thoughts, or feelings

attitude
a feeling or way of thinking

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