The Judicial Branch: The Courts
The judicial branch, established by Article III of the Constitution, consists of the Supreme Court and all other federal courts which decide arguments about the meaning of laws, how they are applied, and whether they break the rules of the Constitution.
The federal judiciary operates separately from the executive and legislative branches, but often works with them as the Constitution requires. Federal laws are passed by Congress and signed by the President. The judicial branch decides the constitutionality of federal laws and resolves other disputes about federal laws. However, judges depend on our government’s executive branch to enforce court decisions.
Courts decide what really happened and what should be done about it. They decide whether a person committed a crime and what the punishment should be. They also provide a peaceful way to decide private disputes that people can’t resolve themselves. Depending on the dispute or crime, some cases end up in the federal courts and some end up in state courts. Learn more about the different types of federal courts.
The Supreme Court (SCOTUS)
Thanks to Article III, §1 of the Constitution ("the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."), the Supreme Court is the highest court in the United States
The Supreme Court hears cases that have made their way through the court system. However, the court only hears about 80-100 out of the more than 7,500 cases that are sent to the court each year. Once the Supreme Court makes a decision, it can only be changed by another Supreme Court decision or by amending (changing) the Constitution. This is a very important power that can affect the lives of a lot of people. Also, since the main power of the Supreme Court is to decide cases that challenge the Constitution, the Court must decide if the case they receive really challenges the Constitution.
The Supreme Court is made up of nine Justices. One of these is the Chief Justice. They are appointed by the President and must be approved by the Senate. Justices have their jobs for life, unless they resign, retire, or are impeached by the House and convicted by the Senate (the removal process as described by the Constitution) as stated in Article III, §1 of the Constitution ("the Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.").
The Building. The Supreme Court is open to the public from 9 a.m. to 4:30 p.m., Monday through Friday. It is closed Saturdays, Sundays, and the federal legal holidays listed in 5 U. S. C. §6103. Unless the Court or the Chief Justice orders otherwise, the Clerk’s Office is open from 9 a.m. to 5 p.m., Monday through Friday, except on those holidays. The Library is open to members of the Bar of the Court, attorneys for the various federal departments and agencies, and Members of Congress.
The Term. The Term of the Court begins, by law, on the first Monday in October and lasts until the first Monday in October of the next year. Approximately 10,000 petitions are filed with the Court in the course of a Term. In addition, some 1,200 applications of various kinds are filed each year that can be acted upon by a single Justice.
There are no requirements in order to be appointed a Justice, but all have been trained in the law. Many Justices served as members of Congress, governors, or members of the President's Cabinet. One president, William Howard Taft, was later appointed Chief Justice.
The Courts of Appeals
There are 13 appellate courts that sit below the U.S. Supreme Court, and they are called the U.S. Courts of Appeals. The 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals. The appellate court’s task is to determine whether or not the law was applied correctly in the trial court. Appeals courts consist of three judges and do not use a jury.
A court of appeals hears challenges to district court decisions from courts located within its circuit, as well as appeals from decisions of federal administrative agencies.
In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws, and cases decided by the U.S. Court of International Trade and the U.S. Court of Federal Claims.
The District Courts
The nation’s 94 district or trial courts are called U.S. District Courts. District courts resolve disputes by determining the facts and applying legal principles to decide who is right.
Trial courts include the district judge who tries the case and a jury that decides the case. Magistrate judges assist district judges in preparing cases for trial. They may also conduct trials in misdemeanor cases.
There is at least one district court in each state, and the District of Columbia. Each district includes a U.S. bankruptcy court as a unit of the district court. Four territories of the United States have U.S. district courts that hear federal cases, including bankruptcy cases: Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands.
There are also two special trial courts. The Court of International Trade addresses cases involving international trade and customs laws. The U.S. Court of Federal Claims deals with most claims for money damages against the U.S. government.
The federal judiciary operates separately from the executive and legislative branches, but often works with them as the Constitution requires. Federal laws are passed by Congress and signed by the President. The judicial branch decides the constitutionality of federal laws and resolves other disputes about federal laws. However, judges depend on our government’s executive branch to enforce court decisions.
Courts decide what really happened and what should be done about it. They decide whether a person committed a crime and what the punishment should be. They also provide a peaceful way to decide private disputes that people can’t resolve themselves. Depending on the dispute or crime, some cases end up in the federal courts and some end up in state courts. Learn more about the different types of federal courts.
The Supreme Court (SCOTUS)
Thanks to Article III, §1 of the Constitution ("the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."), the Supreme Court is the highest court in the United States
The Supreme Court hears cases that have made their way through the court system. However, the court only hears about 80-100 out of the more than 7,500 cases that are sent to the court each year. Once the Supreme Court makes a decision, it can only be changed by another Supreme Court decision or by amending (changing) the Constitution. This is a very important power that can affect the lives of a lot of people. Also, since the main power of the Supreme Court is to decide cases that challenge the Constitution, the Court must decide if the case they receive really challenges the Constitution.
The Supreme Court is made up of nine Justices. One of these is the Chief Justice. They are appointed by the President and must be approved by the Senate. Justices have their jobs for life, unless they resign, retire, or are impeached by the House and convicted by the Senate (the removal process as described by the Constitution) as stated in Article III, §1 of the Constitution ("the Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.").
The Building. The Supreme Court is open to the public from 9 a.m. to 4:30 p.m., Monday through Friday. It is closed Saturdays, Sundays, and the federal legal holidays listed in 5 U. S. C. §6103. Unless the Court or the Chief Justice orders otherwise, the Clerk’s Office is open from 9 a.m. to 5 p.m., Monday through Friday, except on those holidays. The Library is open to members of the Bar of the Court, attorneys for the various federal departments and agencies, and Members of Congress.
The Term. The Term of the Court begins, by law, on the first Monday in October and lasts until the first Monday in October of the next year. Approximately 10,000 petitions are filed with the Court in the course of a Term. In addition, some 1,200 applications of various kinds are filed each year that can be acted upon by a single Justice.
There are no requirements in order to be appointed a Justice, but all have been trained in the law. Many Justices served as members of Congress, governors, or members of the President's Cabinet. One president, William Howard Taft, was later appointed Chief Justice.
The Courts of Appeals
There are 13 appellate courts that sit below the U.S. Supreme Court, and they are called the U.S. Courts of Appeals. The 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals. The appellate court’s task is to determine whether or not the law was applied correctly in the trial court. Appeals courts consist of three judges and do not use a jury.
A court of appeals hears challenges to district court decisions from courts located within its circuit, as well as appeals from decisions of federal administrative agencies.
In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws, and cases decided by the U.S. Court of International Trade and the U.S. Court of Federal Claims.
The District Courts
The nation’s 94 district or trial courts are called U.S. District Courts. District courts resolve disputes by determining the facts and applying legal principles to decide who is right.
Trial courts include the district judge who tries the case and a jury that decides the case. Magistrate judges assist district judges in preparing cases for trial. They may also conduct trials in misdemeanor cases.
There is at least one district court in each state, and the District of Columbia. Each district includes a U.S. bankruptcy court as a unit of the district court. Four territories of the United States have U.S. district courts that hear federal cases, including bankruptcy cases: Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands.
There are also two special trial courts. The Court of International Trade addresses cases involving international trade and customs laws. The U.S. Court of Federal Claims deals with most claims for money damages against the U.S. government.
A Brief Overview of the Supreme Court. (n.d.). Retrieved July 14, 2015, from http://www.supremecourt.gov/about/briefoverview.aspx
Court Role and Structure. (n.d.). Retrieved July 14, 2015, from http://www.uscourts.gov/about-federal-courts/court-role-and-structure
Court Role and Structure. (n.d.). Retrieved July 14, 2015, from http://www.uscourts.gov/about-federal-courts/court-role-and-structure