Chapter 18: The Federal Court System

Chapter 18:The Federal Court

SystemAshton Leyens, Caroline Rudkin, & Jaclyn

Sterman Soroko

Federal Courts Inferior Courts:

The lower federal courts, those beneath the Supreme Courts

Two Types Constitutional Courts Special Courts

Creation of the National Judiciary The framers created a national judiciary in

a single sentence in the Constitution “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” (article III section 1)

Dual Court system The national judiciary has 120 courts all across

the country Each of the 50 states has their own courts

Constitutional Courts

94 District Courts

12 U.S. Courts of Appeals

U.S. Court of Appeals for the Federal Circuit

U.S. Court of International

Trade

Also called article III courts or regular courts. Created by congress to exercise “judicial Power of the United States”

Types of Jurisdiction Jurisdiction:

The authority of a court to hear a case Exclusive

The cases that can only be heard in federal courts Concurrent

Both federal and state courts can hear the cases Original

The court in which the case is first heard Appellate

A higher court that previously heard the case

District Courts Federal Trial courts

Created in the Judiciary act of 1789 94 courts

Federal Judicial Districts There are 89

District Court Jurisdiction Have it over most cases that have been heard in federal

courts. Criminal Case: a defendant is tried for committing some

action that congress has declared by law a federal crime Civil Case: Anything else that is not crime related

Example: bankruptcy, postal, tax, civil rights, public lands…

The Courts of Appeals Created by congress in 1891

Created to relieve Supreme Court of the burden of hearing appeals from the district courts

12 Courts of appeals in the judicial system Docket: a list of cases to be heard

The Supreme Court The ultimate exercise of judicial power rests

with the Supreme Court The final authority on the meaning of the

constitution Marbury vs. Madison

The supreme court’s first case where their power of judicial review came into play.

The effects: Supreme Court claimed acts of congress unconstitutional Laid the foundation for the judicial branch’s role in

developing the American system of government.

Supreme Court Jurisdiction Two classes of cases

Those to which a state is a party Those affecting ambassadors, other public

ministers, and consuls How cases reach the Court

Out of 8,000 cases only a few hundred are chosen Most reach by writ of certiorari

An order by the Court directing a lower court to send up the record in a given case for its review.

Another way is a certificate When the lower court is not clear about the procedure

or the rule of law that should apply in a case

Court Operations Oral arguments

When the case is heard Briefs

Written documents filed with the Court before oral arguments begin

Conferences Wednesdays and Fridays justices meet in conference discussing the

oral arguments Opinions

Majority: the Court’s opinion Precedents: examples to be followed in similar cases that may arise Concurring: to add or emphasize a point that was not made in the

majority opinion Dissenting: written by justices who do not agree with majority

opinion.

Special Courts

U.S. Court of Federal Claims

Territorial Courts

Courts of the District of Columbia

U.S. Tax Court

U.S. Court of Appeals

for the Armed Forces

U.S. Court of Appeals

for Veterans Claims

Also called Legislative Courts or Article I courts. Created by congress “to constitute tribunals inferior to the Supreme Court”

Court of Federal Claims The government cannot

be taken to court unless congress says they are open to suit.

It hears local cases as well as cases from constitutional courts

DC Courts

Territorial Courts Created by congress

for the nations territories

Tax Court Hears only civil cases

involving disputes over tax laws

Court of Appeals for the Armed Forces Military Commissions Military courts equals

courts-martial Serves disciplinary

needs of armed forces Not part of federal

court system

Court like boards but not part of the court martial system

Court of Appeals for the Veterans Claims Newest court in the federal

judiciary Hears appeals from the decisions

of an administrative agency

A Time to Kill The following

slides are themes that were seen throughout the movie that relate to government.

Jury Selection Jury members are selected randomly from

the community and are supposed to represent your piers. This system is designed to create impartial juries. However, in the movie, racism does not allow for the jury to be unbiased, but racism is not a tangible thing can be removed.

Change of Venue This is the legal term

for moving the trial to a different location. Jake is well aware that Carl Lee cannot receive a fair trail at the local court and files for a change of venue. He had hoped to find a more sympathetic and less racist jury by changing the venue.

Justice! Moral rightness based on, in this case, law.

In this peculiar case, justice would have been served either way. Yes, Carl Lee killed the 2 boys, but he was the only one who was going to punish them for their crime.

THE END!