The Court System

Laws without Courts are Dead Letters-Alexander Hamilton

The Court System• Established by Article III of the Constitution• The Courts in a single sentence• Interprets the Constitution• Judicial Review-Marbury v. Madison (1803)• The highest law of the land• Separate Courts Systems-Federal and State/Local

Dual System• Federal or National Courts – Constitutional• 10th Amendment, Separate Federal and State.• State and Local Courts• Jurisdiction, sometimes dual

StructureThe

SupremeCourt

The Inferior Courts

The Constitutional Courts The Special Courts• 94 District Courts• 12 U.S. Courts of Appeal• Court of Appeal Federal

Circuit• U.S. Court of Inter. Trade

• Territorial Courts• Courts for Washington D.C.• U.S. Tax Courts• U.S. Court of Appeals (Armed

Forces)• U.S. Court of Appeals (Veterans

Benefits)• U.S. Court of Claims

A Mid-Learn ReviewWhat amendment establishes Federalism?

a. 1st b. 10th

c. 2nd d. 9th

What court case established Judicial Review?a. Gibbons v. Ogden b. Skordos v. Nalbandianc. Marbury v. Madison d. Miranda v. Arizona

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Jurisdiction

• Exclusive• Concurrent• Original• Appellate

-The Right of a Court to hear and decide a case

Jurisdiction

FederalJurisdictio

n

StateJurisdiction

ConcurrentJurisdiction

The Supreme Court• Established in Article III• 9 Members (1 Chief, 8 Associate) set by Congress

• Appointed by President, Confirmed by Senate. . . FOR LIFE.

• Supreme Court Building 1932

History of the Court• 1790-John Jay• 1801-John Marshall• 1836-Roger Taney• 1888-Mehlville Fuller• 1921-William Howard Taft• 1941-Harlan Stone• 1953-Earl Warren• 1969-Warren Burger• 1986-William Rehnquist• 2005-John Roberts

A Mid-Learn Review 2What court is the only with exclusive jurisdiction?a. 8th Circuit b. Supreme Courtc. Eastern Missouri d. U.S. Court of Claims

How many of the 9 justices are appointed by the president?a. 1 b. 5c. 9 d. none, they are appointed by the Senate

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Supreme Court Procedures• The Calender-1st Monday in October to June or July of following year.

• Two Week Sessions-Sitting and Recess• Writ of Certiorari (Cert) 10k petitions, 100 heard (60 extra decisions without hearing)

• Briefs on Petitions• Rule of Four• Hearing Date

Case Procedures• Petition• Writ of Cert• Briefs• Oral Arguments-Questions• Conferences• Decisions-Opinions• Appeals

Opinions• Majority-rule of law• Concurrent• Minority• Dissenting

Judicial Review• Established by Marbury v. Madison

• NOT listed in Article III or anywhere else in the Constitution

• Power to declare laws and executive actions Unconstitutional

• Check on the other two branches

A Mid-Learn Review 3What Supreme Court opinion is the only which carries theweight of law?a. Majority b. Concurrentc. Minority d. Dissenting

Where in the Constitution is the powerof Judicial Review found?

a. Article I b. Article IIc. Article III d. it is NOT in the

Constitution

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