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PUBLIC BAR ASSOCIATION

The Judicial Branch

Guardians of the Constitution

The Judicial Branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution. Unlike the Legislative and Executive branches, federal judges are appointed by the President and confirmed by the Senate for life, allowing them to make decisions based on the law, not political pressure.

The Federal Court Hierarchy

HIGHEST COURT

The Supreme Court

Final appellate jurisdiction. The highest court in the land.

APPELLATE LEVEL

U.S. Courts of Appeals

13 Circuits. They review district court decisions for legal errors. No new evidence or testimony.

TRIAL LEVEL

U.S. District Courts

94 Districts. The trial courts where federal cases begin, evidence is presented, and verdicts are reached.

Current Supreme Court Justices

John G. Roberts, Jr. Chief Justice
Clarence Thomas Associate Justice
Samuel A. Alito, Jr. Associate Justice
Sonia Sotomayor Associate Justice
Elena Kagan Associate Justice
Neil M. Gorsuch Associate Justice
Brett M. Kavanaugh Associate Justice
Amy Coney Barrett Associate Justice
Ketanji Brown Jackson Associate Justice

The Power of Judicial Review

The most significant power of the judicial branch is "judicial review," the ability to declare laws enacted by Congress or actions taken by the President unconstitutional. This power acts as a crucial check on the other two branches of government.

Historical Context: This power was established by the landmark Supreme Court case Marbury v. Madison in 1803.

How Federal Judges Are Appointed

1

Nomination

The President nominates a candidate for a vacant judicial position.

2

Senate Judiciary Committee

The Committee holds hearings, questions the nominee, and votes on whether to advance.

3

Senate Vote

The full Senate debates and votes. A simple majority (51) is needed for confirmation.

4

Lifetime Appointment

Once confirmed, federal judges serve for life "during good behavior" under Article III.

Types of Federal Courts

Constitutional Courts

Created under Article III. Includes Supreme Court, Courts of Appeals, and District Courts. Judges serve for life.

Bankruptcy Courts

Handle bankruptcy cases. There are bankruptcy courts in each of the 94 federal judicial districts.

Tax Court

Hears disputes between taxpayers and the IRS before assessment or payment of taxes.

Court of Federal Claims

Handles monetary claims against the United States government.

Court of International Trade

Has exclusive jurisdiction over civil actions involving international trade and customs laws.

Military Courts

Court of Appeals for the Armed Forces and Courts-Martial handle military justice matters.

Federal vs. State Court Jurisdiction

Federal Courts Handle

  • Cases involving the U.S. Constitution
  • Federal laws and treaties
  • Disputes between states
  • Cases involving foreign governments
  • Bankruptcy cases
  • Maritime/admiralty cases
  • Cases where U.S. is a party
  • Diversity cases (over $75,000)

State Courts Handle

  • Most criminal cases
  • Family law (divorce, custody)
  • Personal injury cases
  • Contract disputes
  • Real estate matters
  • Traffic violations
  • Probate and estates
  • Most civil lawsuits