Our Federal System of Government
Session 29: Judicial Branch-Jurisdiction

Materials

• Transparency: “Federal Courts” (Attachment Q)
• Textbook

Instructional Activities

1. Explain that the right of a court to hear a case and make a decision is called its jurisdiction. Define original and appellate jurisdiction and give several examples of these types of cases in the federal courts.
   •    Original jurisdiction: The authority or power of a court to hear a case before any other court.
   •    Appellate jurisdiction: The authority or power of a court to review the decisions of a lower court.
   
   
2. Federal courts get their jurisdiction from Article III, Section 2 of the Constitution of the United States. Ask students to find this section in their textbook and select a student to read it aloud.
   
   
3. Explain that the first clause describes the type of cases that will be heard by federal courts. (Ask students to name several.)  The second clause specifically states the jurisdiction of the Supreme Court. Mention that this section identifies two factors to consider when deciding that a federal court has jurisdiction:
   •     The case arises from a law passed by Congress.
   •     There is a special person involved (e.g., ambassador).
   One important conflict under the Articles of Confederation was resolving disagreements between states. The Constitution helps resolve this issue by naming the Supreme Court (a court that is not tied to one particular state) as the court with original jurisdiction in such disagreements.
   
   
4. Use the transparency “Federal Courts” (Attachment Q) to review the federal court structure.
   
   
5. Explain that the only place a case is heard by a jury is in the United States district courts. The proceeding in these courts is similar to what students are familiar with from movies and television. There is a plaintiff (the United States government), a defendant, attorneys for each side, a jury (although a defendant can elect to have a judge hear the case), witnesses, and other court personnel. If one of the sides is not happy with the ruling and there is a legal reason to appeal, they can ask the United States Court of Appeals to review the case.
   
   
6. In the United States Court of Appeals, a panel of three judges usually hears a review (appeal) of a case from the United States District Court. If the case is very important, all of the judges for that circuit can sit to hear a case. After the ruling, if one of the sides is not happy with the ruling and there is a legal reason to appeal, they can ask the United States Supreme Court to review the case.
   
   
7. The Supreme Court can decide to hear a case or let the ruling of the lower court stand. If it agrees to hear a case, all nine Justices of the Supreme Court participate in the decision. This is called the Opinion of the Court. These are long, technical documents that explain why the court decided as it did and if any members disagreed with the decision and why. Courts around the country use all of these written comments to guide them in deciding similar cases.
   
   
8. The Supreme Court also hears cases appealed from the supreme courts of each of the states. Just as in federal cases, the Supreme Court can decide to hear a case or let the ruling of the state court stand. Cases involving the death penalty are automatically appealed to the Supreme Court.