The Judicial Branch document outlines the structure and jurisdiction of the US federal court system. It notes that the Judicial Branch was created by the Judiciary Act of 1789 and is responsible for the federal courts, including the Supreme Court with 1 court and 12 US Courts of Appeal. It has jurisdiction over federal crimes, disputes between states, and cases involving citizens from different states or ambassadors. Important cases discussed include Tinker v. Des Moines on free speech, Texas v. Johnson on flag burning, and Gideon v. Wainwright establishing the right to counsel. Court opinions can be majority, dissenting, or concurring.
1. Judicial Branch Notes
Judicial Branch
- Created by Judiciary Act of 1789
- Responsible for the Federal Courts
- US Supreme Court
- 1 court
- US Court of Appeals
- 12 courts
- Regulatory Commissions have exclusive jurisdiction
- US District
- Federal crimes tried here
- 94 courts
- Deals with:
- Constitution
- Federal laws
- Maritime laws
- Disputes between states
- Citizens from different states
- Ambassador cases
- Treaties
Jurisdiction
- Original
- Begins
- Exclusive
- Only
- Concurrent
- Shared by State and Federal
Important Cases
- Tinker v. Des Moines
- Wore black armbands as protest and were expelled
- Violation of First Amendment
- Lead to Texas v. Johnson; burned American flag as protest
- Betts v. Brady
- 8 to 1 decision
- Swann v. Charlotte Mecklenburg Schools
- Deals with segregation in schools
- Went to District Court then to US Court of Appeal
- Forbid the use of bussing to desegregate schools
- Lead to the creation of magnet schools
- Gideon v. Wainwright
- Sues on the right to have an attorney
- Unanimous vote he won
- Remanded back to court and was found innocent
Tara Pawlyk Thursday, May 16, 2013 7:40:30 AM ET 04:0c:ce:d3:10:88
2. - Marbury v. Madison
- Supreme court didnʼt have jurisdiction to get his job back
- Constitution is supreme law so if a law conflicts they can step in
- Gave the Supreme Court the right to decide if law is constitutional
- Lead to the case Worcester v. Georgia
Opinions
- Majority
- 5 out of the 9 justices agree
- Dissenting
- 4 out of the 9 justices agree
- Concurring
- 1 agrees with majority but for different reasons
Tara Pawlyk Thursday, May 16, 2013 7:40:30 AM ET 04:0c:ce:d3:10:88