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Federal Court System

Federal Court System. Judicial Branch Breakdown. Creation. Created in the Constitution (Article 3) No national judiciary prior to Constitution “Laws are a dead letter without courts to expound and define their true meaning and operation.” ~Alexander Hamilton

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Federal Court System

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  1. Federal Court System Judicial Branch Breakdown

  2. Creation • Created in the Constitution (Article 3) • No national judiciary prior to Constitution • “Laws are a dead letter without courts to expound and define their true meaning and operation.” ~Alexander Hamilton • “The Judicial Power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” ~U.S. Constitution (Article III)

  3. Dual Court System • There are two separate Court Systems in the United States • 1. Supreme Court • And Federal inferior courts • 2. State Courts

  4. State Courts • Each state has its own court system to handle cases that occur within that state • Each state court system has a State Supreme Court and various levels of inferior courts

  5. Jurisdiction • Jurisdiction: who gets to hear over the particular case • 2 types of jurisdiction: • 1. Exclusive Jurisdiction • 2. Concurrent Jurisdiction • Jurisdiction determined by: • The subject matter • The parties involved

  6. What kinds of cases do the Supreme Court hear?

  7. Interpretation of the Constitution • If at any point in the case, an interpretation of the Constitution is warranted, the case can be heard by Federal Courts

  8. International Waters • Any case involving international waters, Federal Courts can hear • Also, any case involving maritime law, if under Federal jurisdiction

  9. Nick McKeever vs United States • Any case where the U.S. or a U.S. agency is on trial is under Federal Jurisdiction vs

  10. U.S. Citizen vs Foreign Power vs

  11. State 1 vs State 2 vs

  12. U.S. Ambassador vs … • If a foreign diplomat is charged with a crime, or sues a foreign country, the Federal Courts have jurisdiction.

  13. What’s my Jurisdiction game? State or Federal!!!

  14. Napoleon Bonaparte sues the U.S. for robbery after the Louisiana Purchase. Who’s Jurisdiction is it?

  15. Nick McKeever is caught stealing millions of staples from a school office building. Who’s Jurisdiction is it?

  16. Ambassador Sergei Smirnoff is caught drinking and driving in Moscow after a long night celebrating a new treaty. Who’s Jurisdiction is it?

  17. Ted Bundy is caught murdering 50 young women in three different states. Who’s Jurisdiction is it?

  18. James McAwesome sues the FBI for harassment after having to strip search in an airport after being illegally profiled. Who’s Jurisdiction is it?

  19. Charles Manson leads a group of cultists to kill a wealthy family of three in California Who’s Jurisdiction is it?

  20. 2 Types of Federal Courts • 1. Regular Courts (constitutional courts) • Make up the majority of courts • Supreme Court • Court of Appeals • District Courts • U.S. Court of International Trade

  21. 2 Types of Federal Courts cont. • 2. Special Courts • Individual courts created by Congress to hear cases brought out by expressed powers from Congress • i.e. U.S. Court of Federal Claims, U.S. Court of Appeals for the Armed Forces, etc.

  22. Appointments • The President appoints the judges of the Supreme Court and its inferior courts. • The Senate approves the appointments • Supreme Court appointments (and their inferior courts) are for LIFE! • Judges can appoint magistrates to do most of the work for them (warrants, etc.)

  23. District and Circuit Courts • 89 Federal Districts throughout the United States • Created to help relieve the burden of the Supreme Court • There are 12 Circuits that inferior courts are split into, spread throughout the entire country. • The Circuit courts handle appeals throughout the country. • They serve as the “gatekeepers” for the Supreme Court • 1 Supreme Court member serves on each Circuit

  24. THE SUPREME COURT! • 9 Members • Led by the Chief Justice • Currently John Roberts • Key to Judicial Power…

  25. JUDICIAL REVIEW

  26. Judicial Review • Allows the Supreme Court to go back and decide whether any law is Constitutional or not. • Marbury v. Madison • Thomas Jefferson v. William Marbury (court appointee) • Forever changed United States government

  27. When does a case go to the SC? 1. When a case involves a State, the Supreme court has original jurisdiction 2. When a case involves a public minister/ambassador

  28. Also… • Most cases reach the Supreme Court by writ of certiorari. • “to be made more certain”

  29. How the SC works… • The Supreme Court sets a date for the case to be heard. • Those arguing the case prepare a brief for the justices • The justices then make an opinion! • Majority opinion determines the case and sets the precedent • Minority opinions can be written to point out sides that are not mentioned in the majority.

  30. To be continued…

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