Judicial branch how long is the term

The Judiciary Act of also established a federal district court in each state, and in both Kentucky and Maine which were then parts of other states. In between these two tiers of the judiciary were the U. In its earliest years, the Court held nowhere near the stature it would eventually assume. When the U. Judicial review—the process of deciding whether a law is constitutional or not, and declaring the law null and void if it is found to be in conflict with the Constitution—is not mentioned in the Constitution, but was effectively created by the Court itself in the important case Marbury v.

In the case Fletcher v. Peck , the Supreme Court effectively expanded its right of judicial review by striking down a state law as unconstitutional for the first time. Judicial review established the Supreme Court as the ultimate arbiter of constitutionality in the United States, including federal or state laws, executive orders and lower court rulings.

In another example of the checks and balances system, the U. Congress can effectively check judicial review by passing amendments to the U. The U. Senate confirms them.

Many federal judges are appointed for life, which serves to ensure their independence and immunity from political pressure. Their removal is possible only through impeachment by the House of Representatives and conviction by the Senate.

Since , the official number of Supreme Court justices has been set at nine. Thirteen appellate courts, or U. Courts of Appeals, sit below the Supreme Court.

Below that, 94 federal judicial districts are organized into 12 regional circuits, each of which has its own court of appeals. Over the years, the Supreme Court has issued controversial verdicts in a number of milestone cases, including:. Sandford — The Court ruled that a slave was not a citizen, and that Congress could not outlaw slavery in U.

Civil War. Arizona — The Court ruled that police must inform criminal suspects of their rights before questioning them. Connecticut protected by the 14th Amendment. A criminal legal procedure typically begins with an arrest by a law enforcement officer.

If a grand jury chooses to deliver an indictment, the accused will appear before a judge and be formally charged with a crime, at which time he or she may enter a plea.

The defendant is given time to review all the evidence in the case and to build a legal argument. Then, the case is brought to trial and decided by a jury. If the defendant is determined to be not guilty of the crime, the charges are dismissed. Otherwise, the judge determines the sentence, which can include prison time, a fine, or even execution. Civil cases are similar to criminal ones, but instead of arbitrating between the state and a person or organization, they deal with disputes between individuals or organizations.

If a party believes that it has been wronged, it can file suit in civil court to attempt to have that wrong remedied through an order to cease and desist, alter behavior, or award monetary damages. After the suit is filed and evidence is gathered and presented by both sides, a trial proceeds as in a criminal case. If the parties involved waive their right to a jury trial, the case can be decided by a judge; otherwise, the case is decided and damages awarded by a jury.

After a criminal or civil case is tried, it may be appealed to a higher court — a federal court of appeals or state appellate court.

A litigant who files an appeal, known as an "appellant," must show that the trial court or administrative agency made a legal error that affected the outcome of the case. An appellate court makes its decision based on the record of the case established by the trial court or agency — it does not receive additional evidence or hear witnesses.

It may also review the factual findings of the trial court or agency, but typically may only overturn a trial outcome on factual grounds if the findings were "clearly erroneous. Federal appeals are decided by panels of three judges. The appellant presents legal arguments to the panel, in a written document called a "brief. On the other hand, the party defending against the appeal, known as the "appellee" or "respondent," tries in its brief to show why the trial court decision was correct, or why any errors made by the trial court are not significant enough to affect the outcome of the case.

The court of appeals usually has the final word in the case, unless it sends the case back to the trial court for additional proceedings. In some cases the decision may be reviewed en banc — that is, by a larger group of judges of the court of appeals for the circuit.

A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a "writ of certiorari," which is a document asking the Supreme Court to review the case. The Supreme Court, however, is not obligated to grant review.

The Court typically will agree to hear a case only when it involves a new and important legal principle, or when two or more federal appellate courts have interpreted a law differently. There are also special circumstances in which the Supreme Court is required by law to hear an appeal. At the state level, the judicial branch is established either by the state legislature or by a state constitution.

In general, the judicial branch at both the federal and state level has two very important jobs. The first is to settle disputes regarding laws, while the second is to ensure citizens are treated fairly under the law. This is done through the justice system and involves many courts, lawyers, and judges.

Federally, the highest court in the land is the United States Supreme Court. With a few exceptions, this court only hears appeals that involve a dispute with how the Constitution is interpreted.

Every lower court in the country must comply with the rulings of the Supreme Court. Through the system of checks and balances , the judicial branch can check the power of the other two branches of government and has its own power checked by them. Federal judges are appointed by the president executive branch and approved by Congress the legislative branch. On the other hand, the Supreme Court has the power to declare a law as unconstitutional , which can severely limit the actions of both of the other two branches.

US states are free to organize their own versions of the judicial branch. In general, the states usually have a state supreme court, a start court of appeals, and lower courts that descend all the way down to municipalities , such as cities and towns.

While the Constitution requires a national Supreme Court, it lets Congress decide on the number of judges justices. Additionally, it allows Congress to decide how the entirety of the rest of the federal court system should be organized. Today, the judicial branch impacts all Americans in one way or another. If you commit a crime, you are guaranteed a fair trial by the criminal courts. If you have been wronged by someone or by an organization, you can file a lawsuit, which will be resolved by a civil court.

Federally, the judges of the judicial branch are appointed rather than elected. At the state level, most judges are appointed, but in a few cases judges are elected. Judges also serve for life unless they are impeached or retire, which has led to some very old federal judges. The record for oldest U. The Supreme Court is the highest court of the judicial branch.