4.

16: Intro to Federal

Judiciary
AP U. S. GOVERNMENT
The Judicial Branch
The judicial branch of the federal government consists of all federal
courts.

Article III of the Constitution established the U.S. Supreme Court and
then gave Congress the authority to create lower federal courts as it
saw fit.
 The American Court Structure
The U.S. has a dual court system.

dual court
One system of state and local courts and another
system of federal courts.
The Judicial Branch
The main source of power for the judicial branch is judicial
review, yet that concept is not in the Constitution.

The power of judicial review – to determine whether acts of

Congress or the president are constitutional – was discussed
at the constitutional convention and ultimately omitted (it is
neither endorsed nor banned).
The Judicial Branch
Judicial review is derived from the Supreme Court’s ruling
in Marbury v. Madison (1803).
Chief Justice John Marshall (a leading Federalist) declared
in the court’s opinion that the judicial branch had the
power and duty to “say what the law is.”
The act of judicial review requires a court to interpret
the meaning of the Constitution as it applies to a
particular situation.
Eras in Supreme Court
History
Eras and Issues Handled by the U.S.
Supreme Court
From the beginning, the Supreme Court of the United States
(SCOTUS) has had an important role in shaping the policies
and history of our country.

There have been several “eras” during which a number of

cases related to some issue have been decided and made a
lasting impact.
Eras and Issues Handled by the U.S.
Supreme Court
From the 1780s until the 1860s, the Court decided
important cases clarifying the powers of the national
government and the state governments.
◦McCulloch v. Maryland (1819)
◦ SCOTUS held that Congress has the implied powers derived from Article 1,
Section 8 – “necessary & proper clause” gave Congress ability to establish 2nd
national bank
◦Dred Scott v. Sanford
◦ SCOTUS ruled that slaves were property, not citizens & had no right to sue in federal
courts & state laws applied to Scott remaining a slave in Missouri
Eras and Issues Handled by the U.S.
Supreme Court
From the 1880s to the 1930s, the Court dealt with
issues arising from rapid industrialization and
economic growth taking place.

These cases often dealt with conflicts between

business and labor or between state and employer.
Eras and Issues Handled by the U.S.
Supreme Court
The Court during this period maintained a laissez-faire economic
philosophy and frequently struck down laws regulating working
conditions.

The Court was activist in frequently overturning laws passed by

democratically elected legislatures, but it was conservative in its
beliefs.

Examples: the Court struck down laws that were designed to protect
the right to join a union and to prevent child labor.
Eras and Issues Handled by the U.S.
Supreme Court
When the New Deal first began, the Court continued striking down
many of the laws as it had been doing.

Part-way through the New Deal, the Court reversed itself – partially
pressured by FDR’s “court-packing scheme” – and began upholding
regulations.

From the 1930s to the present, the Court’s most notable cases have
mostly dealt with individual rights and discrimination against various
groups.
Eras and Issues Handled by the U.S.
Supreme Court
In the “modern” era…
◦ 1950s-1970s: Civil rights
◦ 1960s-1970s: Speech and religion; privacy; expanding rights for
criminal defendants
◦ 1980s: Rulings that bolstered law enforcement
◦ 1990s – present: Rulings restricting federal power, cases about
abortion, affirmative action, gun control, and other controversial
issues
Structure of Federal
Court System
Structure of the Court System
Federal State

United States Supreme Court State Supreme Courts

Unites States Courts of Appeals State Intermediate Appellate Courts

First Circuit through Eleventh Circuit
D.C. Circuit
Federal Circuit

U.S. District Courts U.S. Claims Court State Trial Courts

(91) U.S. Tax Court (limited and general jurisdiction)
U.S. Bankruptcy Court
Court of Int'l Trade
Structure of the Federal Courts
Structure of the Federal Courts
U.S. Supreme Court

U.S. Courts of Appeals

(12 Regional Circuit Courts plus
the Federal Circuit)

94 U.S. District Courts Specialty Courts

Administrative agency decisions

The Federal Court System
The Federal Court System
• The United States has a dual court system.
• The Judiciary Act of 1789 organized the federal courts into
three tiers. Today these tiers consist of the district courts, the
courts of appeals, and the Supreme Court.
• Through its powers of judicial review, the judicial branch plays
a critical role in the system of checks and balances.
The Federal Court System (cont.)
The allocation of original vs. appellate jurisdiction in today’s federal
courts:
◦ District courts: 100% original
◦ Courts of Appeal: 100% appellate
◦ Supreme Court: ~ 99.9% appellate, ~0.1% original

State court cases that raise “federal questions” they may be

appealed to the U.S. Supreme Court.

As previously noted, state court systems typically follow the same

three-tiered structure as the federal system.
Federal Court - Levels
United States Supreme Court

United States Courts of Appeals

United States District Courts

Structure of the Federal Courts
There are 94 federal District Courts, which is where most federal cases
begin.
Arranged geographically; at least one within each state.
◦ But NOT connected with state government.

Cases from those District Courts can be appealed up to the Court of

Appeals in which they are located, and all decisions made by a Court of
Appeals are binding on all of the District Courts in that circuit.
U.S. District Courts
Sample name: United States District Court for the Middle District
of Florida.
Parties:
◦ Plaintiff (initiates action).
◦ Defendant (person being sued).
One judge presides over the case.
◦ Case may be tried to a jury or may be a “bench trial.”
Structure of the Federal Courts
There is one U.S. Supreme Court, which can hear appeals from the
U.S. Courts of Appeals and from the state supreme courts (and a
small percentage of cases that originate there).

There are 13 Courts of Appeals – States are divided into 11

geographic “Circuits” plus 1 for Washington, D.C. and 1 for the
“Federal Circuit.”
◦ Courts of Appeals are sometimes called Circuit Courts.
Structure of the Federal Courts
U.S. Courts of Appeals
Party who loses in district court has an AUTOMATIC right to an
appeal.
13 U.S. Courts of Appeals.
◦ 12 are geographic.
◦ One is a specialty court (Federal Circuit).
Sample name: United States Court of Appeals for the Eleventh
Circuit (“Eleventh Circuit”).
U.S. Courts of Appeals
Parties:
◦ Appellant
◦ Appellee
Three judges (“the panel”) hear legal arguments only.
◦ No jury.
◦ No new evidence/no witnesses.
U.S. Courts of Appeals
Types of relief:
◦ Affirms / Upholds = agrees with decision in trial court.
◦ Reverses / Overturn = disagrees with decision in trial court.
◦ Remands = sends back to trial court for further proceedings
(probably with some instructions).
What happens to the party who loses in the appellate
court?
The United States Supreme Court
• Court of last resort in all questions of
federal law and U.S. Constitution.
• The court may hear cases:
 Appealed from federal courts of
appeal.
 Appealed directly from federal district
courts.
 Appealed from the high court of a
state, if claims under federal law or the
Constitution are involved.
U. S. Supreme Court
Highest court in the land
◦ Final court where a lower court case can be appealed
◦ Decisions of the USSC are final
USSC is an appeals court – no juries
Supreme Court Justices
A member of the USSC is called a Justice
◦ 9 Justices on USSC (8 associate, 1 chief)
◦ Current Chief Justice is John Roberts (2005 by President George
Bush
◦ 1967 – Johnson appointed 1st African American to USSC–
Thurgood Marshall
◦ 1981 – President Reagan appointed 1st woman to USSC – Sandra
Day O’Connor
Supreme Court Justices
There are currently 6 men and 3 women on USSC
USSC Justices are appointed by President for life
◦ Must be approved by the Senate
There are no set qualifications to be a USSC Justices
◦ Many have been lower court judges
◦ All have been lawyers
The United States Supreme Court
The U.S. Supreme Court is composed of:
• A chief justice
• Eight associate justices
Each member of the court is appointed for life
by the president and affirmed by the Senate.
Appealing Cases to Higher Courts
While SCOTUS is primarily an appeals court, it can review only a tiny fraction of
the cases that it might review.
Most cases are resolved at the trial (district) court level.
◦ Most criminal cases are resolved by plea bargain, so there is no trial and no appeal.
◦ Most criminal defendants who go to trial are convicted, but often the case is pretty open-and-shut, so
there is little basis for appeal.
◦ If there is a trial and the defendant is found to be not guilty, the prosecution cannot appeal.
◦ Many civil cases are settled out-of-court before trial.
◦ But if a civil case goes to trial, the loosing party can usually appeal and often does so.
Appeals from Federal District Courts to the Court of Appeals are fairly automatic
if requested.
But appeals from the (federal) Courts of Appeal or from state Supreme Courts to
the SCOTUS are rarely automatic.
Operation of Federal
Courts
Operation of the Federal Courts
Before a case can even be heard by a court, it must be
determined which court is the proper one to handle the
case. That is a matter of jurisdiction – the geographic and
subject-matter limitations of which courts hear which cases.

In addition to location, there are two basic types of

jurisdiction: original and appellate.
Operation of the Federal Courts
Original jurisdiction is when a court hears a case for the first
time; courts with original jurisdiction are also known as
“trial courts” because that is where trials take place.

Appellate jurisdiction is when a court hears a case only

after a lower court has made a ruling and the losing side
“appeals” it. There are legal arguments, but no trial.
Operation of the Federal Courts
District courts only have original jurisdiction.

Courts of Appeals only have appellate jurisdiction.

The Supreme Court has both original and appellate

jurisdiction, but more than 95% of its cases come via
appellate jurisdiction.
Federal Courts
What kinds of cases can a federal court hear?
The court must have jurisdiction:
◦ “The power, right, and authority to interpret the law.”
Two types of federal-court jurisdiction:
◦ Federal-question jurisdiction.
◦ Diversity jurisdiction.
Federal Court Jurisdiction
Jurisdiction – the authority to hear and decide a case
Times when a case goes to federal court and not to our
state courts
◦ Most cases go to state court
Federal Court Jurisdiction
Special situations:
◦Cases involving the Constitution (i.e., freedom of speech)
◦Cases involving breaking of federal laws (i.e., tax evasion,
kidnapping, treason)
◦Cases involving admiralty and maritime laws (i.e., jewels in
the Titanic)
◦Cases involving disagreement or dispute with the U. S.
government (i.e., U. S. Army van hits your vehicle)
Federal Court Jurisdiction
◦Cases involving disputes between states
◦Cases involving disputes between citizens of different
states
◦Cases involving disputes between the U. S. government
and a foreign government
◦Cases involving U. S. Diplomats serving in a foreign
country
Federal Question Jurisdiction
Case involves:
◦ Federal statute or law.
◦ U.S. constitution.
Examples:
◦ Johnson vs California
◦ Legitimacy of laws ( violent video games)

◦ Furman vs. Georgia

Diversity Jurisdiction
Federal courts can hear questions of state law, IF:
◦The parties are citizens of different states, AND
◦The value of the case EXCEEDS $75,000 (the “amount in
controversy” requirement).