Federal and State Court
System
CHAPTER 13
The Judicial System in Democracy
Lesson 1
Early Systems of law
Law – is the set of rules and standards by which a society
governs itself. In democratic societies, law resolves conflict
between and among individuals.
-Earliest known laws are based on tribal societies, Code of
Hammurabi
-Ten Commandments – ancient Israelites
-Roman law – written law – 12 tablets (watch video)
-English Common law – Common law was made by judges in the
American Colonies
Principles of Democracy in the Judiciary
According to our democratic principles, every person should
have free and equal opportunity to pursue individual goals
and desires.
So that one person’s pursuit of happiness does not infringe
upon another’s we have agreed upon certain guidelines for
our behavior.
When there is conflict – the court is the solution
Rule of law – The idea behind the rule of law is that no
individual, group, organization or government entity is
above the law.
*accountability
*transparency
Controls on the Abuse of Power –
-The judicial branch checks the executive
branch using Judicial review
-the executive branch enforces the
decisions of the court
-the executive branch, with legislative
approval, appoints judges
-the courts can only hear cases that are
brought to them
-Courts are prevented from giving
“advisory” opinions
Judicial Independence
A key element of a democracy is that courts must act
impartially.
Local, State, and Federal Courts
Lesson 4
The United States has a dual court system of state and federal courts
State Courts derive their power from state constitution and laws
Federal courts derive their power from the Constitution and federal
law
Jurisdiction (The authority of a trial court to be the first to hear
a case)
State and Local Courts
Each state has its own court system and most of the legal
cases in the United States are resolved in state courts. Most
state courts have general jurisdiction – courts that are able
to hear a wide variety of cases that deal with state or local
law, the state constitution, or federal law or the federal
constitution
State Trial and Appeals Courts
State courts vary in their general structure but generally have three types
of courts:
1. minor courts (family court, tragic court)
2. general trial courts (civil or criminal court)
3. appeals Courts (hear cases that have been appealed from the lower
courts)
State and Local Judges are selected in four different
ways:
1. popular election
2. elections by the legislature
3. appointment by the governor
4. combination of appointment and popular
elections
Federal Judges:
1. are appointed by the President and confirmed by the
Senate, they serve for life
Federal Courts
-Federal Courts are considered to be courts of limited jurisdiction –
courts that generally hear cases that raise questions about a federal
law or the federal Constitution
-Federal courts can sometimes decide cases that deal with state law
if the parties to the case are from different states and a large amount
of money is in questions
Federal Trials and Appeals Courts:
-the United States is divided into 94 federal judicial district
court, with a trial court known as a federal district court in each
district. These trial courts handle both criminal and civil cases
- Examples of types of courts: Federal Bankruptcy court, tax
court, Military court, Tribal Court
-Regional Circuit – the divisions under the United States
Federal Courts system, grouped into 12 regional circuits, each of
which has a federal court of appeals, also called a United States
Circuit court
Chapter 13, lesson 1 & 4
Complete guided reading activity - handout
The Supreme Court of the Untied States
Chapter 14
Selecting Cases at the Supreme Court
Lesson 1
The Function of the Supreme Court
The Supreme Court is the highest court in the land.
• The Courts primary function is to resolve disputes that
arise over the meaning of federal law and the Untied
States Constitution
• Judicial Review
• Less than 1% of the cases
appealed to the Supreme
Court are heard
How does the Supreme Court decide what cases to hear?
The Supreme Court has both original and appellate jurisdiction.
Article III, Section 2 of the constitution sets the Court’s
original jurisdiction:
1. cases involving representatives of foreign government
2. Certain cases in which a state is a party
The Courts original jurisdiction can only be changed by a
constitutional amendment
Appellate Jurisdiction
1. cases that are appealed from the lower courts of appeal
2. cases from federal district courts where an act of
Congress was held unconstitutional
3. cases appealed from the highest court of a state if claims
under federal law or the Constitution are involved
Conflicts and Importance:
1. They choose cases where lower courts have decided
the same issue in different ways. The Supreme Court is
concerned about ensuring uniformity in decisions about the
meaning of the Constitution and the interpretation of
federal law
2. They choose cases that raise major questions about
the law that will have a national impact – the question that
must be answered for the good of the country.
Ex. Abortion, death penalty, privacy, health care
Petitions for Certiorari –
To appeal, the losing party sends the Court a petition for a writ of
certiorari - an order from the Supreme Court to a lower court to
send up the records on a case for review
Solicitor General – is the government official representing the
government– he can recommend that the justices accept a case
Rule of Four - If four of the nine justices agree the hear the case,
then the petition for certiorari is granted
Selecting Supreme Court Justices
Lesson 3
What are the Constitutional requirements for becoming a
Supreme Court Judge?
1. The person must be nominated by the President
2. Confirmed by the Senate
There are 9 supreme
court Justices and they
serve for life!
The Selection of Supreme Court Justices
The President must consider several factors when appointing a
justice.
What are some things they take into consideration?
1. Personal integrity
2. Professional expertise
3. most Presidents what someone who has had experience as a
judge
4. Committed to equal justice under the law
5. Someone that share their ideology
Constitutional Interpretations
lesson4
Interpreting the Constitution
There are two ways to interpret the Constitution:
1. Judicial Restraint – the philosophy that courts should generally
avoid overturning laws passed or actions taken by democratically
elected bodies like congress or state legislatures.
They believe by overturning such laws causes the Court to become
too involved in social and political issues. They believe the Court
should uphold acts of Congress unless the acts clearly violate a
constitutional provision. In other words, the court should leave
policy making to elected officials.
2. Judicial Restraint – the philosophy that courts must
sometimes step into political and social controversies in order to
protect Constitutional rights. This means that the Court would
actively help settle the difficult social and political questions of
the day. (Ex. Civil Rights or the New Deal Programs)
General information about the Supreme Court
-The justice must decide how to determine what the text of the
Constitution means.
-Stare Decisis – “let the decision stand” – Which means once the
Court rules on a case, its decision serves as a precedent or model
for future cases
Checks and Balances:

The President checks the Supreme court by appointing Supreme
Court justices

The Senate checks the Supreme Court by approving or rejecting
the Presidents nominee

The people can check the Supreme Court by adopting an
amendment to the Constitution
Lesson 1, 3 & 4 assignment – complete handout