Federal Court SystemFederal Court System

Chapter 18Chapter 18

I.I. The National JudiciaryThe National Judiciary

A.A. The Creation of a National JudiciaryThe Creation of a National Judiciary

• 1. Federal court system established by Article III of the 1. Federal court system established by Article III of the Constitution.Constitution.

• 2. Two separate court systems in the United States.2. Two separate court systems in the United States.

– a. Federal system of courts.a. Federal system of courts.

– b. State courts (hear majority of cases).b. State courts (hear majority of cases).• Magistrate, District, Appeals, SupremeMagistrate, District, Appeals, Supreme

• 3. Congress has created two types of federal courts.3. Congress has created two types of federal courts.

– a. Constitutional courts a. Constitutional courts

• 1. United States Supreme Court1. United States Supreme Court

• 2. Courts of appeals2. Courts of appeals

• 3. District courts3. District courts

– b. Legislative courts: limited range of specialized cases. b. Legislative courts: limited range of specialized cases. Legislative Oversight.Legislative Oversight.

B. Jurisdiction in the Federal CourtsB. Jurisdiction in the Federal Courts

• 1. Interpretation and application of the Constitution or of any federal 1. Interpretation and application of the Constitution or of any federal statute or treaty. statute or treaty.

• 2. Cases that arise on the high Seas or in navigable waters of the 2. Cases that arise on the high Seas or in navigable waters of the United States.United States.

• 3. Cases that do not fall under the jurisdiction of the federal courts are 3. Cases that do not fall under the jurisdiction of the federal courts are within the jurisdiction of the State courts.within the jurisdiction of the State courts.

• 4. Types of jurisdiction4. Types of jurisdiction

– a. Exclusive jurisdiction: ONLY be heard in the federal courts.a. Exclusive jurisdiction: ONLY be heard in the federal courts.

– b. Concurrent jurisdiction: share the power to hear cases (either the b. Concurrent jurisdiction: share the power to hear cases (either the federal or state courts). federal or state courts).

– c. Original jurisdiction: the power to hear a case first (district c. Original jurisdiction: the power to hear a case first (district court)court)

– d. Appellate jurisdiction: the authority of a court to review decision d. Appellate jurisdiction: the authority of a court to review decision of inferior (lower) courts on questions of law.of inferior (lower) courts on questions of law.

• 5. Independent judiciary: courts are to be free from outside influence.5. Independent judiciary: courts are to be free from outside influence.

C. Appointment of JudgesC. Appointment of Judges

• 1. Federal judges are nominated by the President and confirmed by 1. Federal judges are nominated by the President and confirmed by the Senate. the Senate.

– a.a. CANNOT be removed from office by PresidentCANNOT be removed from office by President

– b.b. Removal through impeachment.Removal through impeachment.

D. Terms and Pay of JudgesD. Terms and Pay of Judges

• 1. Federal constitutional judges, Article III judges, are appointed for 1. Federal constitutional judges, Article III judges, are appointed for LIFELIFE

• 2. Congress sets judicial salaries and benefits.2. Congress sets judicial salaries and benefits.

II. The Inferior CourtsII. The Inferior CourtsA. The United States District CourtsA. The United States District Courts

• 1. Created in 1879 as trial courts1. Created in 1879 as trial courts

• 2. There are 94 districts. Each state has at least one district court. (CA, NY, TX all 2. There are 94 districts. Each state has at least one district court. (CA, NY, TX all have 4).have 4).

• 3. 80 percent of the federal cases that come before federal judges are tried in the 3. 80 percent of the federal cases that come before federal judges are tried in the federal district courts.federal district courts.

• 4. U.S. District courts cover an assigned territory that is based primarily on 4. U.S. District courts cover an assigned territory that is based primarily on geographic regions. Each judicial district has two judgesgeographic regions. Each judicial district has two judges

• 5. U.S. District Courts have original jurisdiction over most of the cases heard in 5. U.S. District Courts have original jurisdiction over most of the cases heard in the federal courts.the federal courts.

– a. U.S. District Courts hear both civil and criminal cases.a. U.S. District Courts hear both civil and criminal cases.

– b. U.S. District Courts use both grand and petit juries. b. U.S. District Courts use both grand and petit juries.

– Grand jury: 16-23 people and hears charges against a person accused Grand jury: 16-23 people and hears charges against a person accused of committing a crime; if believes there is enough evidence to bring of committing a crime; if believes there is enough evidence to bring the person to trial then it issues an indictment.the person to trial then it issues an indictment.

– petit jury: 6 or 12 people, it is a trial jury and it has the job of petit jury: 6 or 12 people, it is a trial jury and it has the job of weighing the evidence presented at a trial in a criminal or civil case; weighing the evidence presented at a trial in a criminal or civil case; in a criminal case it can pass a verdict of guilty or not guiltyin a criminal case it can pass a verdict of guilty or not guilty

B. The United States Courts of AppealsB. The United States Courts of Appeals• 1. U.S. Court of appeals were created in 1891 as 1. U.S. Court of appeals were created in 1891 as

“Gatekeepers" to the Supreme Court. “Gatekeepers" to the Supreme Court. – a.a. Relieve the United States Supreme Court of Relieve the United States Supreme Court of

hearing most appeals. hearing most appeals. – b. Only appellate jurisdiction, no original jurisdiction.b. Only appellate jurisdiction, no original jurisdiction.

• 2. There are now 13 courts (12 judicial circuits or regions 2. There are now 13 courts (12 judicial circuits or regions with one court each, one special appeals court with national with one court each, one special appeals court with national jurisdiction.).jurisdiction.).

• 3. Appellate courts are regional and usually hear appeals from 3. Appellate courts are regional and usually hear appeals from courts within their circuits. courts within their circuits.

• 4. Cases brought before a panel of three judges usually hears 4. Cases brought before a panel of three judges usually hears the federal courts of appeals.the federal courts of appeals.

• 5. Decided in 3 ways: uphold, reverse, or send case back to 5. Decided in 3 ways: uphold, reverse, or send case back to the lower court to be tired againthe lower court to be tired again

• 6. Decisions are final unless appealed to the SC6. Decisions are final unless appealed to the SC

C. Two Other Constitutional CourtsC. Two Other Constitutional Courts

• 1. The International Trade Court 1. The International Trade Court

• 2. The Court of Appeals for the Federal Circuit 2. The Court of Appeals for the Federal Circuit

– a.a. hear appeals from the International Trade Court, the hear appeals from the International Trade Court, the Court of Veteran Appeals, the Merit Systems Protection Board.Court of Veteran Appeals, the Merit Systems Protection Board.

III. The Supreme Court: “Court of Last III. The Supreme Court: “Court of Last Resort”Resort”

A. Justices: 9 justices (Chief Justice and 8 associate justices).A. Justices: 9 justices (Chief Justice and 8 associate justices).

B. Judicial ReviewB. Judicial Review

• 1. decide the constitutionality of an act of government.1. decide the constitutionality of an act of government.

• 2. 2. Marbury v. Madison, Marbury v. Madison, 1803. 1803.

• 3. Ultimate authority on constitutionality 3. Ultimate authority on constitutionality

• 4. Disputes between States and between States and the Federal4. Disputes between States and between States and the Federal

C. JurisdictionC. Jurisdiction

• 1. SC has both original and appellate jurisdiction1. SC has both original and appellate jurisdiction

– a. Majority of its cases are appeals.a. Majority of its cases are appeals.

– b. Original and exclusive jurisdiction over:b. Original and exclusive jurisdiction over:

• i. Issues between States i. Issues between States

• ii. Cases against ambassadors, or other public ii. Cases against ambassadors, or other public ministers.ministers.

• 2. SC has almost complete control over its own caseload.2. SC has almost complete control over its own caseload.

D. How Cases Reach the CourtD. How Cases Reach the Court

• 1. "The Rule of Four“: four judges must agree to hear case 1. "The Rule of Four“: four judges must agree to hear case • Then placed on Court's docket.Then placed on Court's docket.

• 2. Writ of certiorari —order made by SC to a lower court, 2. Writ of certiorari —order made by SC to a lower court, requesting the records. requesting the records.

– a. From State high courts and federal appellate courts.a. From State high courts and federal appellate courts.

• 3. Some sent to by certificate3. Some sent to by certificate

– a. Request by a lower court that SC rule on a specific legal issue. a. Request by a lower court that SC rule on a specific legal issue.

– b. Extremely rare.b. Extremely rare.

E. The Supreme Court at WorkE. The Supreme Court at Work

• 1. Briefs are filed with the court (written documents supporting one 1. Briefs are filed with the court (written documents supporting one side of a case)side of a case)

– a. Statements and facts from "friends of the Court" (experts) a. Statements and facts from "friends of the Court" (experts)

– b. Statements and facts from Interest groups. Relevant cases b. Statements and facts from Interest groups. Relevant cases pending before the courtpending before the court

– c. Cite legal precedentsc. Cite legal precedents

• 2. Oral Arguments are heard — lawyers address the justices, 2. Oral Arguments are heard — lawyers address the justices, emphasizing the major points made in their written briefs.emphasizing the major points made in their written briefs.

• 3. Briefs are analyzed privately3. Briefs are analyzed privately

• 4. The Conference —justices meet in secret session to discuss in 4. The Conference —justices meet in secret session to discuss in depth and vote on the cases they have heard.depth and vote on the cases they have heard.

• 5. Opinions— 5. Opinions—

– A. Majority Opinion: at least five justices write the Opinions of A. Majority Opinion: at least five justices write the Opinions of the Court the Court

• Has immediate power of lawHas immediate power of law

– B. Concurring opinion — an opinion written to make a point that B. Concurring opinion — an opinion written to make a point that was not made in the Opinion of the Court.was not made in the Opinion of the Court.

– C. Dissenting opinion — an opinion disagreeing with the C. Dissenting opinion — an opinion disagreeing with the majority opinion of the Court.majority opinion of the Court.

– All may have an influence on subsequent rulings.All may have an influence on subsequent rulings.

• Plessy vs. FergusonPlessy vs. Ferguson• Justice John Harlan, wrote: Justice John Harlan, wrote:

Our Constitution is color-blind, and neither knows nor tolerates Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are classes among citizens. In respect of civil rights, all citizens are equal before the law...In my opinion, the judgment this day equal before the law...In my opinion, the judgment this day rendered will, in time, prove to be quite as pernicious as the rendered will, in time, prove to be quite as pernicious as the decision made by this tribunal in the Dred Scott case...The decision made by this tribunal in the Dred Scott case...The present decision, it may well be apprehended, will not only present decision, it may well be apprehended, will not only stimulate aggressions, more or less brutal and irritating, upon the stimulate aggressions, more or less brutal and irritating, upon the admitted rights of colored citizens, but will encourage the belief admitted rights of colored citizens, but will encourage the belief that it is possible, by means of state enactments, to defeat the that it is possible, by means of state enactments, to defeat the beneficent purposes which the people of the United States had in beneficent purposes which the people of the United States had in view when they adopted the recent amendments of the view when they adopted the recent amendments of the Constitution.Constitution.

IV.IV. The Special CourtsThe Special Courts A.A. The United States Claims CourtThe United States Claims Court

– 1. The United States cannot be sued - by anyone, in any court, 1. The United States cannot be sued - by anyone, in any court, for any reason - without its consent.for any reason - without its consent.

– 2. The Claims Court hears cases from all over the country in 2. The Claims Court hears cases from all over the country in which there are claims for damages against the Federal which there are claims for damages against the Federal Government.Government.

B.B. The Territorial CourtsThe Territorial Courts

• 1. courts for the nation's territories. 1. courts for the nation's territories.

• 2. At the current time, there are three (3) courts. The 2. At the current time, there are three (3) courts. The courts sit in the Virgin Islands, Guam, and the Northern courts sit in the Virgin Islands, Guam, and the Northern Marianas.Marianas.

• 3. These courts operate much like local (state) trial 3. These courts operate much like local (state) trial courts.courts.

C. The Courts of the District of ColumbiaC. The Courts of the District of Columbia

• 1. The District of Columbia has its own system of courts.1. The District of Columbia has its own system of courts.

• 2. This system was established by Congress.2. This system was established by Congress.

D. The Court of Military AppealsD. The Court of Military Appeals

• 1. "GI Supreme Court"1. "GI Supreme Court"

E. The Court of Veterans AppealsE. The Court of Veterans Appeals

F. The United States Tax CourtF. The United States Tax Court