The Supreme Court
No qualifications for federal judges were set in
Constitution
They are appointed by President and approved by Senate
They serve for life (or until impeachment or retirement)
Federal Courts handle cases involving:
the
Constitution, federal laws, treaties
maritime
law
citizens
of different states
two or
more states
representatives
of foreign countries
treason
(the only crime defined in the Constitution)
the
constitutionality of federal and state laws as well as executive actions
The Constitution provides for one Supreme Court and
enabled Congress to establish inferior courts
Today the system is as follows:
About 90 District Courts:
lowest
courts in federal system
they
have original jurisdiction: they hold the first trials, mostly by jury
11 Circuit Courts of Appeals:
intermediate
courts that have appellate jurisdiction (appeals from District Cts)
They
review the case record for:
irregularities
in the trial
whether
the violated law is constitutional
they
may conform or void the judgement of the lower court
decision
is made by a panel of two or more judges
The Supreme Court:
Highest
judicial authority
Has
appellate jurisdiction from lower federal and highest state courts
Is NOT
required to hear all cases appealed to it (most aren’t heard)
If
appeal is rejected by Supreme COurt, the lower court’s decision stands
Usually
only hears cases on new or very important legal issues
Has
original jurisdiction in cases involving a state or forieign ambassadors
Consists
of one chief justice and eight associate justices
Decisions
are made by majority vote and are final
majority
opinion (explains decision)
concurring
opinion (agrees with decision but disagrees with reasoning)
dissenting
opinion (disagrees with decision)
power
to declare laws unConstitutional comes from the case Marbury v.
Madison
where the principle was established
Special Courts include: Customs Court, Court of Claims, Customs and Patent Appeals
