C.8 JUDICIAL BRANCH

(FEDERAL GOVERNMENT)

Section 1

EQUAL JUSTICE FOR ALL Federal courts, like the Supreme Court,

make up the judicial branch of the U.S. government.

The United States Supreme Court is at the top of the federal court system.

The goal of the legal system is to treat every person the same.

The Constitution affords every person accused of a crime has the right to have a public trial and a lawyer.

THE FEDERAL COURT SYSTEM (ARTICLE III) Article III of the Constitution created the

federal court system. This article also created the national

Supreme Court. It also gave Congress the power to

establish lower courts.

LOWER COURTS The Judiciary Act of 1789 allowed

Congress to create federal district courts and in 1891 the federal court of appeals.

The federal court system has three levels.

Supreme Court

Appeals Courts

District Courts

UNITED STATES COURT SYSTEM

CASES HEARD IN FEDERAL COURTS Jurisdiction is a court’s authority to

hear and decide cases. There are 8 kinds of cases in which the

federal courts have jurisdiction. In these 8 areas to be described, federal

courts have exclusive jurisdiction, which means that only these courts may hear and decide such cases.

Concurrent jurisdiction is when the case may be heard in either federal or state court.

#1 CASES INVOLVING THE CONSTITUTION If you feel that your constitutional rights

have been violated, then you have the right to be heard in a federal court.

For example, the violation of your freedom of speech. (Tinker v Des Moines, 1969)

#2 VIOLATIONS OF FEDERAL LAWS If the government accuses a person of

breaking a federal law then the case would be heard in federal court.

For example, kidnapping, counterfeiting, etc….

#3 CONTROVERSIES BETWEEN STATES Disputes between states are settled in

federal courts. http://www2.journalnow.com/content/20

09/mar/30/top-court-hear-arguments-sc-nc-water-lawsuit/

#4 DISPUTES BETWEEN PARTIES FROM DIFFERENT STATES If two parties live in different states then

the case must be heard in federal courts.

For example, if I want to bring a suit against Tommy from Tennessee and I am Abby from Alabama, the case would be heard in a federal court.

#5 SUITS INVOLVING THE FEDERAL GOVERNMENT The federal gov’t may bring suits

against parties. For example, the Defense Department might sue a company that contracted to build missile parts but did not complete the work on time.

An individual may also sue the government. If you get hit by a mail truck, you could sue the U.S. Postal Service.

#6 CASES INVOLVING FOREIGN GOVERNMENTS AND TREATIES Any dispute between a foreign

government and either the U.S. government or an American private party is heard in federal court.

http://www.law.com/jsp/article.jsp?id=1056139974401

#7 CASES BASED ON ADMIRALTY AND MARITIME LAW These laws concern accidents or crimes

on the high seas. http://www.cglaw.com/apg_pg6_Maritim

e_Law_Jones_Act.html

#8 CASES INVOLVING U.S. DIPLOMATS If an American diplomat working in the

U.S. embassy in France is accused of breaking an American law, the case would go to federal court.