3.4 The Judicial Branch

The Judicial Branch, outlined in Article III, Section 1, holds the judicial power of the federal government

What power does the judicial branch hold that is also outlined in Article III?

The Constitution requires a Supreme Court, while Congress creates lower courts as needed

What does the Constitution require?

Supreme Court Justices serve for life, unless removed by impeachment in Senate

How long do the Supreme Court Justices serve?

All federal judges are appointed by the President and must be approved by the Senate

Who are all federal judges appointed by?

The Judiciary Act of 1789 added additional lower federal courts and specific details about Supreme Court jurisdiction

What did the Judiciary Act of 1789 add?

The Supreme Court’s original jurisdiction (cases it hears first) was defined in Article II:

• Cases involving ambassadors and foreign diplomats

• Cases on the high seas (outside US states/territories)

• Cases where the US federal government is a party

• Disputes between two or more states

• Cases involving citizens of different states or against a state

• Foreign treaties or legal disputes with other nations

What was the Supreme Court’s original jurisdiction defined in Article II?

The Appellate Jurisdiction was:

• Congress granted the Supreme Court authority to review and overturn decisions from lower courts

• A key precedent was the establishment of a Chief Justice, along with five Associate Judges (later expanded to nine in 1869)

What was the Appellate Jurisdiction?

The Chief of Justice plays a leading role in selecting cases for the Supreme Court to review

What does the Chief of Justice play a leading role in?

Over 7,000 cases are submitted annually, but only 100-150 are accepted 

How many cases are submitted annually?

The Justices review legal briefs before oral arguments, where attorneys present their cases

What does the Justices review?

The oral arguments and decisions are:

• Arguments are typically one-hour session cases

• Most time is spent answering Justice questions

• After debate, Justices vote, with majority and dissenting opinions published

• As the highest court, Supreme Court decisions are final —- no further appeals are possible

What are the oral arguments and decisions?

The US court system is divided into federal and state courts, which converge at the Supreme Court

What is the US federal court divided into?

The characteristics for Federal Courts are: 

• Handle federal law, constitutional issues, and special cases (ex. bankruptcy, taxes and veteran claims) 

• 94 Federal District Courts serve as trial courts, with most cases decided by one judge and the jury 

• Appeals go to one of 12 Federal Courts of Appeals 

What are the characteristics for Federal Courts?

The characteristics for State Courts are: 

• Handle state laws, some federal cases, and state constitutional issues 

• State courts are sovereign, meaning federal courts cannot overrule them unless a federal issue is involved 

• Each state has a state Supreme Court, whose rulings can only be appealed to the US Supreme Court 

What are the characteristics for State Courts?

The order from highest to lowest with state courts is:

1. Highest state court (highest)

2. State Appeals Courts (middle)

3. Local courts (county) (lowest)

What is the order from highest to lowest with state courts?

The order from highest to lowest with federal courts is:

1. 12 Federal District Courts (highest)

2. 94 Federal Appeals Courts (lowest)

What is the order from highest to lowest with federal courts?

The two main types of cases are criminal cases and civil cases

What are the two main types of cases in the US legal system?

This happens with criminal cases:

• The plaintiff is always the government, prosecuting individuals or entities accused of breaking laws (ex. robbery, homicide, or financial fraud)

• Criminal cases involve serious consequences, such as prison sentences or capital punishment, requiring strong legal protections (outlined in Amendments 4,5,6 and 8)

• Defendants may be held in jail before trial unless they post bail

• Conviction requires proof “beyond a reasonable doubt” and a unanimous court decision

What happens with criminal cases?

This happens with civil cases:

• These involve disputes between individuals, businesses or organizations over issues like contracts, divorce, financial damages, or injuries 

• The burden of proof is lower, requiring a 5/6 jury majority or a judge’s ruling based on the preponderance of evidence (whether claim appears more likely)

What happens with civil cases?