Judicial Branch

(The National Judiciary)

Types of Jurisdiction

​-Original: Lower courts can hear cases for the 1st time; in the federal system district courts and the Supreme Court have original jurisdiction where trials are conducted, evidence is presented, and juries determine the outcome of the case.

-Appellate: Courts that hear reviews or appeals of decisions from the lower courts; Courts of Appeals and the Supreme Court have Appellate Jurisdiction.

-Concurrent: Allows certain types of cases to be tried in either the Federal or State courts.

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Types of cases tried in federal court

-Civil and criminal cases arising under the Constitution and federal laws or treaties

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Structure of the federal court system

-District Courts: Trial (lowest) courts at the federal level, at least one per state

-Appeals Courts: Decide appeals from United States district courts and review decisions of federal administrative agencies, 1 per "circuit" (geographic judicial districts states are divided into)

-Supreme Court: Has the final say in dealing with all questions arising from the Constitution, federal laws, and treaties, highest court

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Famous cases of the Supreme Court

​-Brown v. Board of Education (1954): Declared segregation in public schools unconstitutional

-Gideon v. Wainwright (1963) and Miranda v. Arizona (1966): Expanded the rights of criminal defendants (ie. You have the right to remain silent)

-Roe v. Wade (1973): Legalized abortion

-U.S. v. Nixon (1974): Ruled that President (Nixon) did not have executive privilege over information in a criminal proceeding

-Regents of the University of California v. Bakke (1978): Ruled against use of quotas in the admissions process, upheld legality of affirmative action (enforcing equal rights and protection of all)