Federal Courts (8.1&2)

THE FEDERAL COURTSFor Use with Chapter 8.1 & 8.2

Justice

Role of the Courts courts use the law to settle civil disputes to help ensure that equal opportunities are

available to all people courts use the law to decide the guilt or

innocence of people accused of crimes

Justice

What Happens both sides come to the court and present their

position the court applies the law to the facts that

have been presented and makes a decision in favor of one or the other

Overview of a Criminal Trial each side presents witnesses witnesses present evidence a jury or judge delivers the verdict

Justice

Equal Treatment “Justice is Blind”

the goal of the legal system is to treat every person the same regardless of who they are

every person has the right to have a public trial with a lawyer

the accused who cannot afford their own lawyer will have one appointed

defendants are innocent until proven guilty

Justice

Equal Treatment is Difficult to Achieve Although “Justice is Blind” the people involved

in the justice system are not judges and juries are not free from personal

prejudices wealth determines the quality of lawyer a

defendant can afford

Federal Courts

“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

US Constitution, Article III, section 1

Federal Courts

Judiciary Act of 1789 created federal district courts and circuit

courts

Judiciary Act of 1891 Congress establishes the system of federal

appeals courts

Federal Courts

Federal Courts

Jurisdiction1. The Constitution

a person who believes a Constitutional Right has been violated can be heard in federal court

 2. Federal Laws

people accused of federal crimes are tired in federal courts also civil cases involving federal laws

 3. Disputes Between States

disputes between two state governments Supreme Court has original jurisdiction

 4. Citizens from Different States

two people from different states have a lawsuit

Federal Courts

Jurisdiction5. The Federal Government

if the federal government is part of a lawsuit if the federal government takes a person or company to

court

 6. Foreign Governments, Ambassadors, and Treaties

Supreme Court has original jurisdiction

 7. Admiralty and Maritime Laws

any crimes or incidents that take place on the high seas / international waters involving a US vessel

 8. US Diplomats

Federal Courts

Types of Jurisdiction1. Exclusive Jurisdiction

only the federal courts may hear the case

 2. Concurrent Jurisdiction

the case can take place in either the state or the federal

Federal Courts

US Courts of Appeals also called federal appeals courts, circuit courts

of appeals, circuit courts, appellate courts have appellate jurisdiction do NOT conduct trials each has from 6 to 28 judges (based on how

busy it historically has been) review procedure from a case in federal district

court may review actions of federal regulatory

agencies

Federal Courts

Organization of US Courts of Appeals there are a total of 13 federal appeals courts

12 circuit courts that hear appeals from their geographic area (or circuit)

1 Court of Appeals for the Federal Circuit located in Washington, DC that hears special cases that cover the entire nation

Federal Courts

Decisions of the US Courts of Appeals the goal is to make sure that a defendant

received a fair trial after reviewing the procedure of a case

appealed to it, appeals courts may:

 a) uphold the lower court’s decisionb) reverse the lower court’s decisionc) remand the case back to the district court (often

times with changes that need to be made)

Federal Courts

Decisions of the US Courts of Appeals opinion is the official decision of the appeals

court it sets out how the court feels about the way

the lower court handled the case any rulings it makes in the opinion becomes

precedent

Federal Courts

Precedent the Supreme Court and appellate courts can not

seek out an issue and have both sides bring it to court, it must wait for people themselves to take someone to court over the issue

precedents are not new laws but help clarify existing laws

Common Law decisions from higher courts must be followed by

lower courts an opinion by the Supreme Court must be

followed by everyone

Federal Courts

US District Courts federal trial courts federal lawsuits begin here have original jurisdiction there are 94 US District Courts conduct trials complete with witnesses and

evidence, and a jury that gives a verdict every state has at least one federal district

court

Federal Courts

Federal Judges president appoints, Senate approves typically, the president chooses someone with

the same ideas about politics, justice and issues

Life Tenure: federal judges may have their job for life, unless removed by the impeachment/removal process

the goal have life tenure is to put judges above politics, instead of having to please voters with their ideas they can best serve the Constitution

Federal Courts

Magistrates issue search and arrest warrants hear preliminary evidence to determine if a

case should be brought to trial determine bail may hear minor cases

Federal Courts

US Attorneys a lawyer for the US government they have at least one deputy prosecute criminals represents the US government in lawsuits (appointed to 4-year term by the president

with Senate approval)

Federal Courts

US Marshals federal police officer make arrests collect fines escort convicts to prison protect jurors keep order in federal courts serve legal papers (such as subpoenas)

Summ

ary

ORGANIZATIONOF FEDERAL

COURTS

The US Supreme Court

12 US Courts of Appeals

94 US District Courts

1 Court of Appeals for the Federal

Circuit

The US Supreme Court

12 US Courts of Appeals

94 US District Courts

1 Court of Appeals for the Federal

Circuit

94 US District Courts

Original Jurisdiction Conducts trials Witnesses testify Evidence is presented Juries hear cases and reach

verdicts

12 US Courts of Appeals

94 US District Courts

12 US Courts of Appeals

Appellate Jurisdiction Can review a case if an individual who loses a case

in district court believes the laws were applied unfairly

Does not determine guilt or innocence

Writes opinions detailing the reasons for their decision – establishes precedent

Three options:1. Uphold the district court’s decision2. Reverse the district court’s decision3. Remand the case

The US Supreme Court

12 US Courts of Appeals

94 US District Courts

1 Court of Appeals for the Federal

Circuit

1 Court of Appeals for the Federal

Circuit

National Jurisdiction Can hear special cases

of national importance