Chapter 18 The Federal Court System Kristi Severson, Alyssa Barkley David Doman

Chapter 18Chapter 18The Federal Court SystemThe Federal Court System

Kristi Severson, Alyssa Kristi Severson, Alyssa BarkleyBarkley

David DomanDavid Doman

The National JudiciaryThe National Judiciary

2 kinds of federal courts2 kinds of federal courts

Inferior-lower level, beneath Inferior-lower level, beneath supreme court supreme court

Supreme courtSupreme court

2 kinds of Inferior courts2 kinds of Inferior courts

constitutional courtsconstitutional courts

special courtsspecial courts

The Constitutional CourtsThe Constitutional Courts

-called regular courts-called regular courts-created by congress to exercise “broad -created by congress to exercise “broad

judicial power of the United States”judicial power of the United States”-94 district courts-94 district courts-12 US Courts of Appeals-12 US Courts of Appeals-the US Court of Appeals for the Federal -the US Court of Appeals for the Federal

CircuitCircuit-the US Court of International Trade -the US Court of International Trade

The Special CourtsThe Special Courts

-called the legislative courts-called the legislative courts

-created by congress, under the power -created by congress, under the power given to it in Article 1 to “constitute given to it in Article 1 to “constitute the Tribunals inferior to the supreme the Tribunals inferior to the supreme Court”Court”

-have narrowly defined powers-have narrowly defined powers

IncludesIncludes

-US Court of Federal Claims-US Court of Federal Claims

-Territorial Courts-Territorial Courts

-Courts of the District of Columbia-Courts of the District of Columbia

-US Tax Court-US Tax Court

-US Court of Appeals for the Armed Forces-US Court of Appeals for the Armed Forces

-US Court of Appeals for Veterans Claims-US Court of Appeals for Veterans Claims

Types of JurisdictionTypes of Jurisdiction

• ExclusiveExclusive -can be heard only in -can be heard only in

federal courtsfederal courts -ex. Trial of a person -ex. Trial of a person

tried with a federal tried with a federal crime, suit involving crime, suit involving the infringement of the infringement of a patent or a a patent or a copyright copyright

• ConcurrentConcurrent -can be tried in -can be tried in

federal or state federal or state courtscourts

-ex. Disputes -ex. Disputes involving citizens involving citizens of different statesof different states

OriginalOriginal

-a court in which a -a court in which a case is first heard case is first heard

-district courts only -district courts only have original have original jurisdictionjurisdiction

AppellateAppellate

- a court that hears - a court that hears a case on appeal a case on appeal form a lower courtform a lower court

- courts of appeals - courts of appeals only have appellate only have appellate jurisdictionjurisdiction

JudgesJudges

-president appoints judges on supreme -president appoints judges on supreme court and federal courtscourt and federal courts

-supreme court approves appointments-supreme court approves appointments-serve for life on supreme court-serve for life on supreme court-those in special courts sit for 15-year -those in special courts sit for 15-year

terms except terms except -district of columbia-4 year terms-district of columbia-4 year terms

-district court of appeals-8 year terms-district court of appeals-8 year terms

-congress sets salaries, and supplies -congress sets salaries, and supplies retirement plans for all federal judgesretirement plans for all federal judges

-judges can retire at the age of 70 if they -judges can retire at the age of 70 if they have served at least 10 years and have served at least 10 years and receive full salary for rest of lifereceive full salary for rest of life

-can retire at the age of 65 if they have -can retire at the age of 65 if they have served 15 years and can receive full served 15 years and can receive full salary for the rest of their lifesalary for the rest of their life

The Inferior CourtsThe Inferior Courts

The District CourtsThe District Courts

-665 judges-665 judges

-80% of federal caseload-80% of federal caseload

-created by congress in judiciary act of -created by congress in judiciary act of 17891789

-have original jurisdiction-have original jurisdiction

-hear both criminal and civil cases-hear both criminal and civil cases

-cases heard by 1 judge-cases heard by 1 judge

The Courts of AppealsThe Courts of Appeals-created by congress in 1891-created by congress in 1891-established to relieve the supreme court -established to relieve the supreme court

of hearing appeals from the district of hearing appeals from the district courtscourts

-179 judges-179 judges-cases heard by a panel of 3 judges-cases heard by a panel of 3 judges-have only appellate jurisdiction-have only appellate jurisdiction-decisions are final unless supreme court -decisions are final unless supreme court

decides to hear a case from themdecides to hear a case from them

The Other Constitutional CourtsThe Other Constitutional Courts Court of International TradeCourt of International Trade - 9 judges, 1 chief- 9 judges, 1 chief -hear civil cases arising out of tariff and -hear civil cases arising out of tariff and

other trade related lawsother trade related laws Court of Appeals for the Federal CircuitCourt of Appeals for the Federal Circuit -created to speed up the handling of -created to speed up the handling of

appeals and certain types of civil casesappeals and certain types of civil cases -has nation-wide jurisdiction-has nation-wide jurisdiction -12 judges-12 judges

The Supreme CourtThe Supreme Court

The Supreme Court is the only court The Supreme Court is the only court created by the Constitution.created by the Constitution.

The Court is made up of one Chief Justice The Court is made up of one Chief Justice and eight other associate justices.and eight other associate justices.

The Supreme Court is the final authority The Supreme Court is the final authority in cases involving any question arising in cases involving any question arising under the Constitution, an act of under the Constitution, an act of Congress, or a treaty of the U.S.Congress, or a treaty of the U.S.

Judicial ReviewJudicial Review

Marbury v. MadisonMarbury v. Madison

-After the election of 1800, turmoil -After the election of 1800, turmoil arose within the government.arose within the government.

-William Marbury had been appointed -William Marbury had been appointed a Justice for peace in D.C.a Justice for peace in D.C.

-The next day Jefferson became -The next day Jefferson became President angering the FederalistsPresident angering the Federalists

Decision and effects of MarburyDecision and effects of Marbury -The Court declared that the Judiciary Act -The Court declared that the Judiciary Act

of 1789 was unconstitutional.of 1789 was unconstitutional. -The case established Judicial Review -The case established Judicial Review

(power to determine the (power to determine the constitutionality of a government action)constitutionality of a government action)

-It assured a place for the Judicial branch -It assured a place for the Judicial branch in the system of separation of powers.in the system of separation of powers.

Supreme Court JurisdictionSupreme Court Jurisdiction

The Supreme Court has both appellate The Supreme Court has both appellate and original jurisdiction.and original jurisdiction.

Original jurisdiction is rarely heard in Original jurisdiction is rarely heard in the High Court, but when it is there the High Court, but when it is there are two types of cases that are heard:are two types of cases that are heard:

- Cases is which a state is the - Cases is which a state is the party.party.

-Cases affecting ambassadors, -Cases affecting ambassadors, other other public ministers, and consuls.public ministers, and consuls.

How Cases Reach the CourtHow Cases Reach the Court

Most cases reach the court by writ of Most cases reach the court by writ of certiorari.certiorari.

Some cases reach the court by Some cases reach the court by certificate.certificate.

At least four judges must agree to hear At least four judges must agree to hear a case before it is accepted to the a case before it is accepted to the docket.docket.

How the Court OperatesHow the Court Operates

The court is in session from the first Monday The court is in session from the first Monday in October to the following June or July.in October to the following June or July.

Every two weeks, the court is in session.Every two weeks, the court is in session.Cases start with oral arguments, followed by Cases start with oral arguments, followed by

briefs, and then the court goes into briefs, and then the court goes into Conference for two weeks to make a Conference for two weeks to make a decision on the cases they saw prior.decision on the cases they saw prior.

They then must write a majority opinion and They then must write a majority opinion and a dissenting opinion.a dissenting opinion.


The Court of Federal ClaimsThe Court of Federal Claims

-It has 16 judges who serve for 15 years.-It has 16 judges who serve for 15 years.

-They are elected by the President and -They are elected by the President and approved by the Senate.approved by the Senate.

-The U.S. government cannot be sued -The U.S. government cannot be sued for any reason by anyone without its for any reason by anyone without its consent.consent.


Territorial CourtsTerritorial Courts

-Congress created these courts.-Congress created these courts.

-They sit in the Virgin Islands, Guam, -They sit in the Virgin Islands, Guam, and the Northern Marianasand the Northern Marianas


The District of Columbia CourtsThe District of Columbia Courts

-This court was set up by Congress -This court was set up by Congress for the Nation’s Capitol.for the Nation’s Capitol.

-It hears local cases as well as those -It hears local cases as well as those tried in constitutional courts.tried in constitutional courts.


Court of Appeals for the Armed Court of Appeals for the Armed ForcesForces

-Also created by Congress.-Also created by Congress.

-These trials are run similar to those -These trials are run similar to those in civilian courts.in civilian courts.

-It consists of 5 judges appointed by -It consists of 5 judges appointed by the President and approved by the the President and approved by the Senate.Senate.


Military TribunalsMilitary Tribunals

-The President creates these -The President creates these tribunals in times of need. (wartime)tribunals in times of need. (wartime)

-They do not operate the same as -They do not operate the same as other military courts-martial systems.other military courts-martial systems.


Court of Appeals for Veteran ClaimsCourt of Appeals for Veteran Claims-This is the newest court in the federal -This is the newest court in the federal judiciary, 1988judiciary, 1988-It consists of a chief judge and up to -It consists of a chief judge and up to six associate judgessix associate judges-They are appointed by the President -They are appointed by the President and approved by the Senate to serve and approved by the Senate to serve for 15 years.for 15 years.


The United States Tax CourtThe United States Tax Court-It was established in 1969.-It was established in 1969.-It consists of 19 judges elected by -It consists of 19 judges elected by the President and approved by the the President and approved by the Senate for 15-year terms.Senate for 15-year terms.-This court hears only civil cases -This court hears only civil cases involving disputes over the involving disputes over the application of the tax laws.application of the tax laws.

Documents

Chapter 18 The Federal Court System Kristi Severson, Alyssa Barkley David Doman