The Judiciary

I. The Judiciary Act of 1789A. Created the basic three-tiered structure of

the federal court system1. District courts exist in every state2. Circuit courts which began serving as appellate

courts in 18913. The Supreme Court

II. The Marshall Court

A. Dramatically strengthened the Supreme Court by establishing Judicial Review in Marbury V. Madison

III. American Legal SystemsA. Because we have a federalist form of

government we have a dual court system.1. One federal system and 50 state systems.

B. Courts must have jurisdiction1. Original or Appellate

C. Federal Jurisdiction

A. Federal courts may hear cases involving federal laws, treaties or the US constitutionB. Diversity of Citizenship- lawsuits between citizens of different states or foreign countries when the money involved exceeds $75,000 dollars

D. District CourtsA. Every state has at least oneB. Jurisdiction

1. The federal government in named as plaintiff or defendant

2. There is a federal question to be decided3. Civil lawsuit among citizens of different states of

more than $50,000.

E. Courts of Appeals (Circuit Courts)

1. Only have appellate jurisdictiona. criminal or civil cases from district courtsb. appeals from administrative agencies

1. They do not look at the facts, only if the trial was fair and the judge made the proper decision

IV. The Supreme Court

1. If Four judges agree to hear a case a writ of certiorari is granted (rule of four)

2. The decision to hear an appeal is based on five criteria:•If a court has made a decision that conflicts with precedent•If a court comes up with a new question•If one court of appeals has made a decision that conflicts with another•If there are other inconsistencies between courts of different states •If there is a split decision in the court of appeals

3. If the court agrees to hear the case, lawyers form both sides must submit written briefs.4. Supporters of either side may submit amicus curiae or “friend of the court briefs.”

V. Nominations

I. Judges are appointed by the president and must be confirmed by the Senate.

II. Nominees must first be approved of by the Senate Judiciary committee.

III. Most modern nominees have been moderate because presidents don’t want their nominee’s to be rejected or “borked.”

VI. Important Chief Justices

John Marshall 1801-1835 34 years Helped establish court powers

Roger Taney 1836-1864 28 years Favored State power

Earl Warren 19353-1969 16 years Major civil rights changes and cases

William Rehnquist

1986-2005 19 years Major conservative influence