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Splash Screen
Chapter Menu
Essential Question
Section 1: Powers of the Federal Courts
Section 2: Lower Federal Courts
Section 3: The Supreme Court
Chapter Summary
Essential Question
How does the Constitution define the powers of the federal courts, and how are the various courts related to one another?
Section 1-Content Vocabulary
Content Vocabulary
• concurrent jurisdiction
• original jurisdiction
• appellate jurisdiction
• litigant
• due process clause
Section 1-Academic Vocabulary
Academic Vocabulary
• derive
• overlap
• emphasize
Section 1-Reading Strategy
Reading Strategy
As you read, create a Venn diagram like the one below to list the jurisdictional authority for state and federal courts.
A. A
B. B
C. C
Section 1-Polling Question
Which right supplied by the due process clause do you think was most important to freed African Americans following the Civil War?
A. life
B. liberty
C. property
A B C
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Section 1
Jurisdiction of the Courts
• The United States judiciary consists of parallel systems of federal and state courts.
• The federal court system consists of the Supreme Court and lower federal courts established by Congress.
• Federal courts derive their powers from the Constitution and federal laws.
The Federal Court System
Section 1
• State courts have jurisdiction over cases involving state laws and federal courts have jurisdiction over cases involving federal laws.
• Concurrent jurisdiction occurs when both federal and state courts have jurisdiction.
Jurisdiction of the Courts (cont.)
The Federal Court System
• The trial court has original jurisdiction when it is the court in which a case is originally tried.
Section 1
• When people lose a case in a trial court and wish to appeal the decision, they may take the case to a court with appellate jurisdiction.
Jurisdiction of the Courts (cont.)
The Federal Court System
A. A
B. B
C. C
D. D
Section 1 – DQ1
A B C D
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The trial court in which a case is originally tried is said to have
A. primary jurisdiction.
B. original jurisdiction.
C. appellate jurisdiction.
D. concurrent jurisdiction.
Section 1
Developing Supreme Court Power
• Certain principles were established early in the Supreme Court’s history:
– The courts must wait for litigants, or people engaged in a lawsuit, to come before them.
– Federal courts only decide cases involving actual conflicts between two or more people.
Section 1
Developing Supreme Court Power (cont.)
• In the case of Marbury v. Madison (1803), the Court asserted that it had the power of judicial review—the power to determine whether a law or government action is constitutional.
• In McCulloch v. Maryland (1819), the Court established that the federal government was “supreme in its sphere of action.”
Section 1
Developing Supreme Court Power (cont.)
• In the case of Gibbons v. Ogden (1824), the Court broadened the definition of interstate commerce in a way that increased the power of the federal government.
• In Dred Scott v. Sandford (1857), the Court declared that African Americans could not be citizens and that the Missouri Compromise of Congress was unconstitutional.
A. A
B. B
C. C
D. D
Section 1 – DQ2
A B C D
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The individuals engaged in a lawsuit are called
A. lawyers.
B. judges.
C. litigants.
D. defendants.
Section 1
Due Process
• After the Civil War, the Supreme Court issued rulings on the Thirteenth, Fourteenth, and Fifteenth Amendments—the Reconstruction amendments.
• The rulings were intended to ensure the rights and liberties of newly freed African Americans.
Section 1
• The Fourteenth Amendment contains the due process clause, which says that no state may deprive any person of life, liberty, or property without due process of law.
• Plessy v. Ferguson (1896) established the “separate but equal” doctrine, which held that if facilities for both races were equal, they could be separate.
Due Process (cont.)
Section 1
• The Court refused to broaden federal powers to enforce individual rights; however, it seemed willing to broaden the police power of the states to protect consumers from the expanding power of businesses and corporations.
• In Brown v. Board of Education of Topeka (1954), the Court outlawed segregation in public schools.
Due Process (cont.)
A. A
B. B
C. C
D. D
Section 1 – DQ3
A B C D
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The part of the Fourteenth Amendment which says that no state may deprive any person of life, liberty, or property without due process of law is called the
A. Bill of Rights.
B. anti-slavery clause.
C. liberty clause.
D. due process clause.
Section 2-Content Vocabulary
Content Vocabulary
• grand jury
• indictment
• petit jury
• judicial circuit
• senatorial courtesy
Section 2-Academic Vocabulary
Academic Vocabulary
• network
• sufficient
• panel
Section 2-Reading Strategy
Reading Strategy
As you read, create a graphic organizer to list the possible effects when a person loses a case in a district court.
A. A
B. B
C. C
Section 2-Polling Question
A. The U.S. Court of Federal Claims
B. the Tax Court
C. the Foreign Intelligence Surveillance Court
Which of these legislative courts exerts the greatest impact on private U.S. citizens?
A B C
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Section 2
Constitutional Courts
• Courts established by Congress under the provisions of Article III of the Constitution are constitutional courts.
• These courts include the federal district courts, the federal courts of appeals, and the United States Court of International Trade.
• United States district courts are the trial courts for both criminal and civil federal cases.
Section 2
• District courts use two types of juries in criminal cases:
– A grand jury, which usually includes 16 to 23 people, hears charges against a person suspected of having committed a crime.
• If a grand jury believes sufficient evidence exists to bring the person to trial, it issues an indictment—a formal accusation charging a person with a crime.
Constitutional Courts (cont.)
Section 2
– A petit jury, which usually consists of 6 or 12 people, is a trial jury.
• Many appointed officials provide support services for district courts, including:
– a U.S. attorney
– a U.S. magistrate
– a bankruptcy judge
– a U.S. marshal
Constitutional Courts (cont.)
– deputy clerks
– bailiffs
– a stenographer
Section 2
• The appellate level includes 13 United States courts of appeals.
• The U.S. is divided into 12 judicial circuits, or regions, with 1 appellate court in each circuit.
Constitutional Courts (cont.)
Federal Judicial Circuits and Districts
• The thirteenth court is a special appeals court with national jurisdiction.
Section 2
• The courts of appeals may decide an appeal in one of three ways:
– uphold the original decision;
– reverse that decision; or
– send the case back to the lower court to be tried again.
Constitutional Courts (cont.)
A. A
B. B
C. C
D. D
Section 2 – DQ1
A B C D
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A formal accusation charging a person with a crime is called
A. an appeal.
B. a litigant.
C. a ruling.
D. an indictment.
Section 2
Legislative Courts
• Congress has created a series of courts called the legislative courts that help Congress exercise its powers.
• The U.S. Court of Federal Claims is a court of original jurisdiction that handles claims against the United States for money damages.
Section 2
• Congress established the Tax Court in 1969 to hear cases from citizens who disagree with the Internal Revenue Service or other Treasury Department agencies about their federal taxes.
• Congress has created a territorial court system for the Virgin Islands, Guam, the Northern Mariana Islands, and Puerto Rico that are roughly similar to district courts in how they operate.
Legislative Courts (cont.)
Section 2
• Because the District of Columbia is a federal district, Congress has developed a judicial system for the nation’s capital.
• In 1988 Congress created the United States Court of Appeals for Veterans to hear appeals from the Board of Veterans’ Appeals in the Department of Veterans Affairs.
Legislative Courts (cont.)
Section 2
• Congress created the Foreign Intelligence Surveillance Court in 1978 as part of the Foreign Intelligence Surveillance Act.
Legislative Courts (cont.)
A. A
B. B
C. C
D. D
Section 2 – DQ2
A B C D
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The group of courts created by Congress to help it exercise its power is called
A. the grand jury.
B. the petit jury.
C. the legislative courts.
D. the judicial circuits.
Section 2
Selection of Federal Judges
• Article II, Section 2, of the Constitution provides that the president, with the advice and consent of the Senate, appoints all federal judges.
• Presidents favor judges who belong to their own political party.
Judicial Appointments to the Federal Courts
Section 2
• Because judges are appointed for life, presidents view judicial appointments as a means of perpetuating their political views even after they have left office.
• Under the senatorial courtesy system, a president submits the name of a judicial candidate to the senators from the candidate’s state before submitting it for formal Senate approval.
Selection of Federal Judges (cont.)
Judicial Appointments to the Federal Courts
A. A
B. B
C. C
D. D
Section 2 – DQ3
A B C D
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The Constitution provides that the president appoints all federal judges with the advice and consent of
A. the Supreme Court.
B. the House of Representatives.
C. the Senate.
D. the vice president.
Section 3-Content Vocabulary
Content Vocabulary
• riding the circuit
• opinion
Section 3-Academic Vocabulary
Academic Vocabulary
• unconstitutional
• violated
• objectivity
Section 3-Reading Strategy
Reading Strategy
As you read, create a table similar to the one below to identify the characteristics of most Supreme Court justices and the qualifications presidents look for when nominating justices.
A. A
B. B
C. C
Section 3-Polling Question
A. deciding which cases to hear
B. deciding the cases themselves
C. determining the Court’s opinion
Which is the most important decision-making duty of the Supreme Court?
A B C
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Section 3
Supreme Court Jurisdiction
• Until 1891, justices earned much of their pay while riding the circuit, or traveling to hold court in their assigned regions.
• Article III, Section 2, of the Constitution addresses two types of cases in which the Supreme Court has original jurisdiction:
– cases involving representatives of foreign governments and
– certain cases in which a state is a party.
• The Supreme Court can also hear cases appealed from the highest court of a state if claims under federal law or the Constitution are involved.
Supreme Court Jurisdiction (cont.)
A. A
B. B
C. C
D. D
Section 3 – DQ1
A B C D
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Article III, Section 2, of the Constitution addresses
A. tax-related cases.
B. cases involving representatives of foreign governments.
C. certain cases in which a politician is a party.
D. criminal cases.
Section 3
Supreme Court Justices
• The Supreme Court is comprised of nine justices: the chief justice of the United States and eight associate justices.
• The Supreme Court’s duty involves them in three decision-making tasks:
– deciding which cases to hear from among the thousands appealed to the Court each year;
– deciding the case itself; and
Section 3
– determining an explanation for the decision, called the Court’s opinion.
• The chief justice’s duties include:
– presiding over sessions and conferences at which the justices discuss cases;
– assigning the writing of the Court’s opinion to one of the justices who voted for the ruling; and
Supreme Court Justices (cont.)
Section 3
– helping administer the federal court system.
• The Court’s law clerks assist the justices with many tasks, enabling the justices to concentrate on their pressing duties.
Supreme Court Justices (cont.)
A. A
B. B
C. C
D. D
Section 3 – DQ2
A B C D
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The Supreme Court is comprised of nine justices including eight associate justices and
A. the court’s law clerk.
B. the chief justice.
C. the supreme judge.
D. the justice of the peace.
Section 3
Appointing Justices
• Justices reach the Court through appointment by the president with Senate approval.
• Political considerations often affect a president’s choice of a nominee to the Court.
• Presidents prefer to nominate a candidate whose political beliefs are similar to their own.
Section 3
• The American Bar Association evaluates the professional qualifications of candidates for all Article III judicial positions—the Supreme Court, the United States Courts of Appeals, and the United States District Courts.
• Interest groups that have a stake in Supreme Court decisions may attempt to influence the selection process.
Appointing Justices (cont.)
Section 3
• Members of the Supreme Court sometimes have considerable influence in the selection of new justices.
• As leaders of the Court, chief justices have often been very active in the selection process.
Appointing Justices (cont.)
A. A
B. B
C. C
D. D
Section 3 – DQ3
A B C D
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What body evaluates the professional qualifications of candidates for all Article III judicial positions?
A. the Supreme Court
B. the appellate court
C. the American Bar Association
D. the U.S. District Courts
Chapter Summary start
Lower Federal Courts: Constitutional courts
• Established by Congress under the provisions of Article III of the Constitution
• Include federal district courts, federal courts of appeals, and United States Court of International Trade
Chapter Summary
Lower Federal Courts: Legislative courts
• Created by Congress under provisions in Article I of the Constitution to help Congress carry out its powers
• Include United States Tax Court, U.S. Court of Appeals for the Armed Forces, Court of Appeals for Veterans, and others
Chapter Summary
The Supreme Court
• Original jurisdiction in cases involving representatives of foreign countries and certain cases in which a state is a party
• Appellate jurisdiction in cases that are appealed from lower courts of appeals or from a state’s highest court, as well as certain cases from federal district courts in which an act of Congress was held unconstitutional
• Justices appointed by president with Senate approval
Chapter Summary
Development of Supreme Court Power
• 1801–1883: Marshall Court extended power of Supreme Court and strengthened federal power over the states
• 1803: Marbury v. Madison established power of judicial review
• 1953–1969: Warren Court adopted a more liberal view on civil rights and public-policy issues
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MIR Trans
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