Federal Courts in a Nutshell

1. The Constitution of the United States gives ultimate power to the people, not to the government.
2. The Constitution created a government structure known as federalism, which requires the sharing of power between the federal government and the governments of each of the 50 states.
3. Under federalism, there are two types of court systems—federal and state. Federal courts have jurisdiction over issues mentioned or implied in the Constitution. The state courts have jurisdiction over matters not mentioned in the Constitution and those not specifically denied to the states by the Constitution.
4. The Constitution established three branches of government - the legislative, executive, and judicial. Courts are the judicial branch. As a co-equal branch of government, the judicial Branch is independent of the legislative and executive branches. Courts have the authority to interpret the law based on the Constitution without pressure from the other two branches.
5. Federal courts have the power of judicial review. This means they can review acts of Congress and actions of the President to ensure that they are permitted by the Constitution. If they are not, the Supreme Court of the United States declares such acts or actions unconstitutional, and they do not have the force of law.
6. The federal courts hear both civil and criminal cases. Civil cases involve disputes between private individuals, such as contract disputes. Criminal cases involve offenses against the whole community or society, such as murder. Courts follow different procedures in civil and criminal cases.
7. Within the federal and state court systems, there are two levels—trial courts and appellate courts. Trial courts, called U.S. District Courts, are courts of original jurisdiction. They are the first courts to hear either a civil or criminal case. If parties are not satisfied with the decision of a trial court, they may ask an appellate court, called a U.S. Circuit Court of Appeals, to review the trial court decision.
8. If parties are not satisfied with the decision of the U.S. Circuit Court of Appeals, they may appeal to the Supreme Court of the United States. The Supreme Court selects the cases it will hear. The Supreme Court is the final interpreter of the U.S. Constitution because it is the highest court in the land.
9. In addition to the judges, many other people work together to ensure the success of the judicial system. These include court staff, U.S. attorneys, federal public defenders, lawyers in private practice, and U.S. Marshals.
10. Citizens play a crucial role in the American judicial system. They help to ensure the fair and impartial administration of justice by participating directly in the work of the courts as jurors, witnesses, and court system employees. However, the central role that citizens play in ensuring the rule of law is using courts to settle disputes peacefully and abiding by court orders.

Constitutional Background

In the United States, ultimate power resides in the people. The people are responsible for giving the government its power. The power the people give the government is found in the Constitution of the United States. Two main goals of the Constitution are to clearly define the powers of the government so that it does not become too powerful and to protect individual rights. To make sure that the government does not become too powerful, the Constitution establishes three separate branches of government. These include the legislative (Congress) which makes the law; the executive (the President, Cabinet, military) which enforces the law; and the judicial (the courts) which interprets the constitutionality of the law. All three branches of the government are equal, and none of the three is more important than the others. To drive home this point, the Constitution establishes a system of checks and balances whereby each branch of the government can prevent the other two from gaining an excessive amount of power.

Judicial Review

Perhaps the most important check that the judicial branch has on either the legislative or executive branch is its ability to declare an act of Congress or an action of the President unconstitutional. Citizens and legal residents agree to abide by the Constitution in order to live under a government that protects rights. The Constitution is the supreme law of the land in the United States. No law may be made, or action taken, which violates the Constitution. The law applies to everyone regardless of position or office. This is referred to as higher law. However, what happens if a part of the government acts in a manner that is not permitted by the Constitution? What happens if a part of the government violates the rights guaranteed by the Constitution? The United States is unique among many nations of the world in that its Constitution provides a solution to such problems. This solution is found in the judiciary; it is found in the federal courts. If citizens or legal residents believe that an act of Congress or an action of the President violates the Constitution and violates his or her rights, they have the ability to challenge it in a court of law. If the challenge is successful, the court will strike down the act or action and it will no longer have binding force. This important power of the federal courts is known as the power of judicial review. The courts are more than just places where criminals are tried and punished. They also are the ultimate forum for defending the Constitution and the rights and liberties that are protected by it.

Jury Service

Juries are one of the most important ways that citizens can directly participate in their government. A jury is a panel of citizens that determines the facts of a legal case. Juries are used in both civil and criminal trials. Civil trials are legal cases between two private individuals. If a jury finds a person is at fault in a civil case the punishment usually includes some type of restitution and/or fine. In a criminal trial, a person is accused of breaking the law. The jury then has the task of determining whether the defendent is guilty or not guilty. The punishment in a criminal trial is usually imprisonment. Most of the time, all members of the jury must reach the same conclusion concerning fault or guilt. The conclusion is known as a verdict. Juries help to preserve the democratic nature of the Constitutional form of government by allowing direct citizen participation in the judicial process.

In order to serve on a jury, a citizen must first meet the following criteria:

1. U.S. citizen,
2. At least 18 years of age
3. Understand the English language
4. Lived in the judicial district for at least one year
5. No felony convictions
6. Of sound mental condition

Judicial Independence

An independent judiciary makes decisions based on law, not outside influences. Constitutional safeguards help to ensure that the decisions judges render are not influenced by Congress, the President, or public opinion. The Founders realized that, only by removing the judiciary from the influence of the other branches, could justice be available to those holding both popular and unpopular views. Federal judges are appointed by the President and confirmed by the Senate. However, judges are not influenced by either of the other branches. Congress and the President may not decrease a judge's salary while the judge serves on the bench. Judges hold office during good behavior, as stated in the Constitution, typically, for life. Judges may only be removed from the bench for misbehavior in office, and not simply because their decisions are unpopular. The judiciary's independence in its legal decision making and its power to review the acts and actions of the other two branches make it the final protector of rights and liberties. This is possible because the other branches of the government respect the judiciary's independence and authority. Respect for, and willingness to abide by, the rulings of the judiciary distinguish the United States court system from many others around the world. An independent judiciary ensures that all abide by higher law.

1. The highest court in the land and the final decider of constitutional questions is
A. Congress
B. The President
C. The U.S. District Courts
D. The U.S. Circuit Courts of Appeal
E. The Supreme Court of the United States

2. What is meant by the term judicial review?
A. The name of the third branch of government
B. Congress' authority to make laws
C. The process of appealing cases to a higher court
D. The courts' authority to enforce the laws
E. The courts' authority to declare a law or an act unconstitutional

3. An important attribute of the judiciary is
A. The ability to make laws consistent with the Constitution
B. The judiciary's independence from the other two branches
C. The ability to enforce the law consistent with the Constitution
D. All of the above
E. None of the above

4. How can law-abiding citizens get involved in the court system?
A. Serving on juries
B. Acting as witnesses
C. Resolving disputes using the judicial system
D. All of the above
E. None of the above

5. Courts are established to
A. Determine the guilt of an individual
B. Settle disputes between individuals
C. Settle disputes between states
D. Ensure that proper procedures are followed
E. All of the above

6. Federal Courts get their power from
A. Judges and lawyers
B. The people through the Constitution
C. The House and the Senate
D. Through nominations by the President
E. The federal bureaucracy

True or False
7. ______ Errors of law and imperfections in the American justice system are mainly corrected by the trial courts.
8. ______ Judges rely on public defenders, among others, to help ensure the fair and impartial administration of justice.
9. ______ Trial courts are responsible for determining the facts of a particular legal case.
10. ______ The judicial branch is called the third branch. It is equal to the executive branch and the legislative branch.

1. E
2. E
3. B
4. D
5. E
6. B
7. False/appellate courts
8. True
9. True
10. True

Suggested Discussions Questions

1. In the United States, the federal courts are without the means to enforce their own decisions. They must rely on the President and the executive branch (which includes the military and police) to enforce them. What does this say about society's respect for the rule of law and for the role of the federal judiciary in maintaining the rule of law?
2. The President's enforcement of court orders demonstrates the high regard Americans have for the rule of law and their expectation that court orders will be followed. Site examples from history when this has or has not been the case?