Notes on the Judicial Branch
AP Government
Chapter 14
The Judiciary
The Judicial System operates at all three levels of government (municipal, state, federal) Most cases are heard in municipal or state courts (criminal and civil suits)
Trial Courts—jury or judge decides a case
Appellate Courts—review cases if there are matters of legal procedure or law at issue
State Supreme Court—another review if no satisfactory decision (sometimes called state court of last resort)
Most municipal and state judges run for election rather than being appointed.
Article III provides for judicial branch. Mentions Supreme Court, but does not give a number of justices or required qualifications.
Congress establishes federal courts below the Supreme Court
Under the Constitution, the Supreme Court has original jurisdiction—it is the first court to hear cases that involve a state, or two or more states, the United States and a state, a state and the citizens of another state, or ambassadors or other foreign diplomats. It has appellate jurisdiction—to hear cases that come from the lower courts.
The Constitution does not provide for judicial review, but it does give the Court the right to hear cases arising from “laws of the United States.”
Federal Court Structure:
Constitutional Courts (Judiciary Act of 1789)—derive authority from Article III, where judges serve for life. Most created by Congress: Supreme Court (NOT created by Congress); U.S. District Courts; US Courts of Appeals; US Court of International Trade.
Congress has created Legislative Courts under Article I Authority—deal with specialized cases, judges serve for fixed term, often 15 years. Examples: Court of Federal Claims, the Courts of the District of Columbia, the territorial courts, the Court of Veterans Appeals, US Tax Court
The Judiciary Act of 1789 originally fixed the number of justices on SCOTUS at 6. The number was changed several times by Congress until it was set at 9 by Judiciary Act of 1869. Congress, in other
Chapter 14
The Judiciary
The Judicial System operates at all three levels of government (municipal, state, federal) Most cases are heard in municipal or state courts (criminal and civil suits)
Trial Courts—jury or judge decides a case
Appellate Courts—review cases if there are matters of legal procedure or law at issue
State Supreme Court—another review if no satisfactory decision (sometimes called state court of last resort)
Most municipal and state judges run for election rather than being appointed.
Article III provides for judicial branch. Mentions Supreme Court, but does not give a number of justices or required qualifications.
Congress establishes federal courts below the Supreme Court
Under the Constitution, the Supreme Court has original jurisdiction—it is the first court to hear cases that involve a state, or two or more states, the United States and a state, a state and the citizens of another state, or ambassadors or other foreign diplomats. It has appellate jurisdiction—to hear cases that come from the lower courts.
The Constitution does not provide for judicial review, but it does give the Court the right to hear cases arising from “laws of the United States.”
Federal Court Structure:
Constitutional Courts (Judiciary Act of 1789)—derive authority from Article III, where judges serve for life. Most created by Congress: Supreme Court (NOT created by Congress); U.S. District Courts; US Courts of Appeals; US Court of International Trade.
Congress has created Legislative Courts under Article I Authority—deal with specialized cases, judges serve for fixed term, often 15 years. Examples: Court of Federal Claims, the Courts of the District of Columbia, the territorial courts, the Court of Veterans Appeals, US Tax Court
The Judiciary Act of 1789 originally fixed the number of justices on SCOTUS at 6. The number was changed several times by Congress until it was set at 9 by Judiciary Act of 1869. Congress, in other