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Judicial Branch
& the Courts
The U.S. has a
Dual Court System :
- Federal Courts
- State Courts
The Federal Court
System
Article III
Section 1.
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. The judges, both
of the supreme and inferior courts, shall hold
their offices during good behaviour, and shall,
at stated times, receive for their services, a
compensation, which shall not be diminished
during their continuance in office.
Section 2.
The judicial power shall extend to all cases, in law and equity,
arising under this Constitution, the laws of the United States,
and treaties made, or which shall be made, under their
authority;--to all cases affecting ambassadors, other public
ministers and consuls;--to all cases of admiralty and maritime
jurisdiction;--to controversies to which the United States shall
be a party;--to controversies between two or more states;-between a state and citizens of another state;--between
citizens of different states;--between citizens of the same state
claiming lands under grants of different states, and between a
state, or the citizens thereof, and foreign states, citizens or
subjects.
In all cases affecting ambassadors, other public
ministers and consuls, and those in which a state shall
be party, the Supreme Court shall have original
jurisdiction. In all the other cases before mentioned,
the Supreme Court shall have appellate jurisdiction,
both as to law and fact, with such exceptions, and
under such regulations as the Congress shall make.
The trial of all crimes, except in cases of
impeachment, shall be by jury; and such trial shall be
held in the state where the said crimes shall have
been committed; but when not committed within any
state, the trial shall be at such place or places as the
Congress may by law have directed.
Section 3.
Treason against the United States, shall consist only
in levying war against them, or in adhering to their
enemies, giving them aid and comfort. No person
shall be convicted of treason unless on the testimony
of two witnesses to the same overt act, or on
confession in open court.
The Congress shall have power to declare the
punishment of treason, but no attainder of treason
shall work corruption of blood, or forfeiture except
during the life of the person attainted.
The court’s jurisdiction
is set by law and limited
by territory and type of
case.
Jurisdiction – the authority of
a court to hear and decide
cases
The Adversarial System
• Courts settle disputes between
individuals or parties (a private
party v. the government, or a
state v. the United States
government, or an individual v.
another individual, etc.).
• Each side presents its position.
The court (or jury) applies the
law and decides in favor of one
or the other.
The goal of the United States
legal system is equal justice
under the law.
Why is this goal difficult to
achieve?
Rights of the Accused
*Accused people are considered
innocent until proven guilty.
*Defendants may ask for a
review of their case by a higher
court if they think the court has
made a mistake. This review is
called an appeal.
U.S. District Courts
• District courts are the federal
courts where trials are held and
lawsuits are begun.
• All states have at least one.
• For all federal cases, district
courts have original jurisdiction,
the authority to hear the case for
the first time.
• District courts hear both civil and criminal cases.
• They are the only federal courts that involve
witnesses and juries.
Federal criminal cases involve:
Bank robbery
Counterfeiting
Mail fraud
Kidnapping
Civil rights abuses
Circuit Courts of Appeals
A party that loses a case in district court
may appeal to a federal circuit court of
appeals, or in some cases, directly to the
U.S. Supreme Court.
U.S. Courts of Appeals
Appeals courts review decisions made in
lower district courts. This is appellate
jurisdiction — the authority to hear a
case appealed from a lower court.
The US Circuit Court of Appeals
• 12 U.S. Courts of Appeals cover a particular
geographic area called a circuit (a thirteenth
appeals court, the Court of Appeals for the
Federal Circuit, has nationwide jurisdiction).
• Appeals courts do not hold trials. Instead,
a panel of judges (usually 3) reviews the case
records and listens to arguments from
lawyers on both sides.
• The judges may decide in one of three ways:
uphold (AGREE) the original decision,
reverse (disagree) the decision, or remand
the case—send it back to the lower court to
be tried again.
The Supreme Court
• The main job of the nation's top court
is to decide whether laws are
allowable under the Constitution.
• The Supreme Court has original
jurisdiction only in cases involving
foreign diplomats or a state. All other
cases come to the Court on appeal.
• The Court chooses the cases it hears
through the Writ of Certiorari. 4
justices must decide to hear a case
(Rule of Four)
• The Court chooses the cases it hears.
In cases the Court refuses to hear,
the decision of the lower court stands.
• The court has final authority on cases
involving the Constitution, acts of
Congress, and treaties.
The United States
Supreme Court
When the court decides a case, it can:
• Affirm the decision of the lower court and “let
it stand,” or
• Modify the decision of the lower court, without
totally reversing it, or
continued…
The United States
Supreme Court
• Reverse the decision of the lower court,
requiring no further court action, or
• Reverse the decision of the lower court and
remand the case to the court of original
jurisdiction, for either retrial or resentencing.
The Current Supreme Court
The president appoints Supreme Court justices, with Senate
approval. The president's decision may be influenced by the
Justice Department, American Bar Association, interest
groups, and other Supreme Court justices.
Eight associate justices and one chief justice make up
the supreme court.
Powers of the Court
• The Court's main job is to decide whether laws and
government actions are constitutional, or allowed
by the Constitution. It does this through judicial
review—the power to say whether any law or
government action goes against the Constitution.
• The legislative and executive branches must follow
Supreme Court rulings. Because the Court is
removed from politics and the influences of
special-interest groups, the parties involved in a
case are likely to get a fair hearing.
Marbury v. Madison
The Constitution
does not give the
Supreme Court
the power of
judicial review.
The Court claimed
the power when it
decided the case
Marbury v.
Madison.
The Power of Judicial Review
• In the Court's opinion, Chief Justice John Marshall
set forth three principles of judicial review:
(1) The Constitution is the supreme law of the land.
(2) If a law conflicts with the Constitution, the
Constitution rules.
(3) The judicial branch has a duty to uphold the
Constitution. Thus, it must be able to determine when
a law conflicts with the Constitution and nullify that
law.
• Through its rulings, the Supreme Court interprets
the meaning of laws, helping the police and other
courts apply them.
Limits on the Courts' Power
• The Court depends on the executive branch and state and
local officials to enforce its decisions. Usually they do.
• Congress can get around a Court ruling by passing a new
law, changing a law ruled unconstitutional, or amending the
Constitution.
• The president's power to appoint justices and Congress's
power to approve appointments and to impeach and remove
justices serve to check the power of the Court.
• The Court cannot decide that a law is unconstitutional unless
the law has been challenged in a lower court and the case
comes to it on appeal. The Court accepts only cases that
involve a federal question. It usually stays out of political
questions. It never considers guilt or innocence.