The National Judiciary (a.k.a. “the Judicial Branch”)

1. The National Judiciary(a.k.a. “the Judicial Branch”)

2. Creation of the National Judiciary: • Established by Article III of the U.S. Constitution. • Only sets up the Supreme Court and says Congress may create lowers courts. • In the US we say we have a DUAL COURT SYSTEM- There are two separate court systems in the United States: • State and National(or Federal) • Civil Cases- Criminal Cases-

3. Types of Federal Court Jurisdiction Jurisdiction:a. Definition- the authority to hear a caseb. 4 Types: EXCLUSIVE JURISDICTION CONCURRENT JURISDICTION ORIGINAL JURISDICTION APPELLATE JURISDICTION Power of the federal courts ALONE to hear certain cases Powers shared by federal and State courts to hear certain cases The power of a court to hear a case FIRST, before any other court The authority of the court to review decisions of inferior courts

4. Court Officers: • Appointed by the President, approved by the Senate. • Constitutional court judges are appointed FOR LIFE! • Special court judges appointed for 8 year terms. • Pay: Congress sets the salaries for all federal judges with a generous benefits package. As of January 2008: • federal district judges -$169,300 a year • circuit judges -$179,500, • Associate Justices of the Supreme Court -$208,100 • Chief Justice of the United States -$217,400 • All were permitted to earn a maximum of an additional $21,000 a year for teaching.

5. State Federal PA Supreme Court US Supreme Court (1) -9 justices -appellate & original jurisdiction PA Superior Court County DistrictCourts Circuit Court of Appeals (12) -panel of 3 judges -appellate jurisdiction ONLY! Special Courts District Courts (94) -usually jury trials -have original jurisdiction ONLY! • The Dual Court System: District Magistrates

6. Interactive map: http://www.uscourts.gov/courtlinks/

7. The Supreme Court • Judicial Review- the power to decide the constitutionality of an act of government. The Supreme Court has the final ability to do this. • The Power of Judicial Review was established by the landmark case Marbury vs. Madison. http://www.youtube.com/watch?v=3TVkeRUvX_U A summary… • How Cases Reach the Court: • Supreme Court hears only about 100 cases a year • Most reach the Court by WRIT OF CERTIORARI, an order from the Court directing a lower court to send up a case record for review. • A few cases reach the Court by CERTIFICATE, when the lower courts ask the Supreme Court to clarify an answer to a matter in a case.

8. VI. How the Court Operates: • 4 out of 9 justices must vote in favor of hearing a case for it to get put on its DOCKET. • Briefs- when the court accepts a case, each side sends the court a brief, a detailed written report supporting its side of the case. • As a rule, the justices consider cases from October to May. http://www.supremecourt.gov/

9. The Courts ruling on a case is called the majority opinion or the Opinion of the Court. It announces the Court’s decision and reasoning. 5 out of 9 justices must vote in favor of a side to render a decision. • Concurring opinion- • Dissenting opinion- • The Court’s written opinions are very valuable and stand as a precedent or example to be followed in a similar case.

10. Justice Scalia interview: http://www.cbsnews.com/stories/2008/04/24/60minutes/main4040290.shtml