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Chapter 18
The Federal Court System
Objectives
1. Explain why the Constitution created a national judiciary, and describe
its structure.
2. Identify the criteria that determine whether a case is within the
jurisdiction of a a federal court, and compare the types of federal court
jurisdiction.
3. Outline the process for appointing federal judges.
4. List the terms of office for federal judges and explain how their salaries
are determined
5. Examine the roles of federal court officers.
6. Define: inferior courts, jurisdiction, exclusive jurisdiction, concurrent
jurisdiction, plaintiff, defendant, original jurisdiction, appellate
jurisdiction.
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The National Judiciary
I. Creation of the National Judiciary
A. A Dual Court System
1. There are two separate court systems in the
US.
a. National Judiciary- more than 100
courts
b. State Judiciary –each state has its
own system
The National Judiciary
I. B. Two Kinds of Federal Courts
1. Constitution created the Supreme Court and
left to Congress the creation of the
inferior courts – lower federal courts
2. Two types of Federal Courts
a. constitutional courts
b. special courts
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Court of Federal
Claims
Territorial
Courts
Courts of the
District of
Columbia
U.S. Tax Court
Court of Appeals
for the Armed
Forces
Court of Appeals
for Veterans
Claims
94 District
Courts
12 Courts of
Appeals
Court of
Appeals Federal
Circuit
Court of
International
Trade
Types of Federal Courts
Supreme Court
Constitutional Courts
Created by Article III
Special Courts
Created by Article I
The National Judiciary
II. Federal Court Jurisdiction
A. Constitutional courts hear most of the cases
tried in federal courts.
1. jurisdiction: the authority of a
court to hear/try a case.
2. Federal courts have jurisdiction
by:
a. the subject matter
b. the parties involved
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Cases Under Federal Jurisdiction
The Subject Matter
• The interpretation and application of a provision in the Constitution or in any federal statue or treaty;
• A question of admiralty law (matters that arise on the high seas or navigable U.S. waters. Examples: collision at sea or crime committed aboard ship
• A question of maritime law (matters arising on land but directly relating to the water Example: a contract to deliver a ship’s supplies at dockside
The Parties Involved in the Case
• The United States or one of its officers or agencies;
• An ambassador, consul, or other official representative of a foreign government;
• One of the 50 states suing either another stat, resident of another state or a foreign government or on of its subjects
• A citizen of one State suing a citizen of another State
• A citizen of one state suing a citizen of that same Sat where both claim land under grants from different states.
The National Judiciary
II. B. All cases that are not heard by the federal courts
are within the jurisdiction of the States’ courts
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The National Judiciary
III. Types of Jurisdiction
A. Exclusive: Cases can ONLY be heard in federal
court
B. Concurrent: Case could be tried in either state or
federal courts
C. Original: The court in which a case is first heard
D. Appellate: a court that hears a case on appeal
from a lower court
Federal
Jurisdiction
State
JurisdictionConcurrent
Jurisdiction
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The National JudiciaryIV. Appointment of Judges
A. President Appoints/Senate Confirms
1. chose from ranks of leading attorneys, legal
scholars, law school professors, former members
of congress and State court judges,
2. President will choose someone who thinks
similar to him, they serve for 15 yrs or life
.
The National Judiciary
a. judicial restraint- judges would
always try to decide cases on the basis
of the original intent of those who wrote
the Constitution or enacted the statue
and precedent - keeping in line with
previous decisions in similar cases.
b. judicial activism- judges act boldly law
should be interpreted and applied in light of
ongoing changes in conditions and values
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The National Judiciary
V. Terms and pay of Judges
A. Constitutional Courts
1. Serve for life
2. Can only be impeached (happened
13 xs)
B. Special Courts
1. Most are 15 years
2. D.C. Courts and Superior Court 4 yrs.
3. Appeals Courts 8 yrs.
C. Congress sets pay
1. can retire @ 70 if served 10 yrs and get full salary for rest of life, or 65 if served 15 yrs.
Objectives
1. Describe the structure and jurisdiction of the
federal district courts
2. Describe the structure and jurisdiction of the
federal courts of appeals
3. Describe the structure and jurisdiction of the
other tow constitutional courts.
4. Define criminal case, civil case, docket
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The Inferior CourtsI. District Courts
A. They are the federal trial courts – 677 judges handle more than 300,000 cases a year. There
are 94 courts.
B. Federal Judicial Districts
1. 50 states divided into 89 judicial districts.
2. Each districts have at least 2 judges, usually 1
judge hears, but sometimes use 3 judge panel
C. District Court Jurisdiction
1. Have original jurisdiction over most federal
cases.
2. Hear both criminal cases and civil cases
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The Inferior CourtsII. Court of Appeal
A. Created 1891 as gatekeepers to relive the Supreme Court
1. Supreme Court was 3 yrs behind on it’s docket –list of cases to be heard
2. 12 courts of appeals in the judicial system
B. Appellate Judges
1. 179 circuit judges each SC justice looks over one circuit
2. Sit as panels of three usually sometimes
en banc – all judges sitting
3. Only have appellate jurisdiction and hear about 70,000 cases a year. Final decision unless SC agrees to hear the case.
The Inferior CourtsIII. Other Constitutional Courts
A. International Trade
1. 9 judges (one is chief)
2. Hears civil cases court of tariff and trade-related laws
3. sits in panels of three
B. Court of Appeals for Federal Circuit
1. started 1982 to speed up hearing civil cases
2. has nationwide jurisdiction
3. 12 judges panels of three or more or sit en banc usually in DC, but could go to other federal appeals courts to hear
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US Court of Appeals
for the Armed Forces12 U.S. Courts of
Appeals
How Federal Cases Are Appealed Supreme Court
US Court of Appeals
for the Federal
Circuit
Military
Courts
Appeals from
Federal Regulatory
Agencies
Appeals from
Highest State
Courts
US Tax
Court
Territorial
Courts
Courts of
D.C.
94 District
Courts
US Court of
International
Trade
US Court of
Federal
Claims
US Court of
Appeals for
Veterans
ClaimsSpecial Courts
Other Courts
Constitutional Courts
Objectives
1. Define the concept of judicial review.
2. Outline the scope of the Supreme Court’s
jurisdiction.
3. Examine how cases reach the Supreme Court
4. Summarize the way the court operates
5. Define: write of certiorari, certificate,
majority opinion, precedent, concurring
opinion, dissenting opinion
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The Supreme CourtI. Judicial Review
A. That power makes this court the final authority
on the meaning of the Constitution.
B. Marbury v. Madison
1. Outgoing Federalists after an election
packed the judiciary with their appointees.
2. Jefferson refused to deliver the
appointments. Marbury sued. SC
decided in favor of Jefferson.
The Supreme Court
C. Effects of Marbury
1. claimed for Supreme Court the right to
declare acts of Congress unconstitutional –
judicial review
2. used thousands of times since
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The Supreme Court
II. S.C. Jurisdiction
A. Both original and appellate
1. Usually only uses appellate
2. Two cases when uses original
a. those in which a State is a party
b. those affecting ambassadors, other public
ministers, and consuls
3. Can take original over any other case covered by the
broad wording in Article III Section 2
III. How Cases Reach the Court
A. Numbers
1. About 8,000 are appealed to the court every
year, but the court only hears a few hundred
2. Most petitions are denied – use the rule of
four – at least four justice must agree to hear
B. Decisions
1. more than half disposed of in brief orders
(i.e. – send case back to lower court)
2. Court hears less than 100/year
C. Writ of Certiorari
1. “to be made more certain” order by the Court
directing a lower court to send up the record
in a given case for its review
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The Supreme CourtC. Writ of Certiorari
1. “to be made more certain” order by the
Court directing a lower court to send up the
record in a given case for its review
2. Either party can petition the Court for a cert.
3. When certiorari is denied the lower court
decision stands
D. Certificate
1. Another way to reach the SC
2. this process is used when a lower court is
not clear about he procedure or rule of law
that should apply in a case and asks the SC
to certify the answer to a specific question
IV. How the Court Operates
A. Session
1. Sits from first Monday in October until
June or July
2. Terms are identified by the year it which it began.
B. Oral Arguments
1. Set date to hear cases
2. Two week cycles: listen to arguments for
two weeks, write decisions and handle court
business two weeks
3. 10:00 a.m. Monday, Tuesday, Wednesdays
(sometimes Thursdays) public sessions
4. Lawyers have 30 mins.
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The Supreme CourtB. Briefs
1. written documents filed with court before
oral arguments begin
2. detailed statements support one side of
case, present argument on relevant facts and
citation of previous cases (usually 100s of pgs.)
3. amicus curiae – friend of the court brief
filed by persons or groups who are not actual
parties but have interest in the outcome – civil
rights (can only be filed with Court’s permission
or at it’s request
The Supreme CourtC. Court in Conference
1. Most Wednesdays and Fridays, secret
2. Discuss cases they have heard
3. Speak in order of seniority on the court with
Chief Justice speaking first
4. About 1/3 of all decisions unanimous
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The Supreme CourtD. Opinions
1. Majority opinion – “Opinion of the Court”
announces the courts decision in a case and
sets out the reasoning on which is based.
2. Concurring Opinion – on or more of the
justices who agree with the Court’s decision
may write, to add or emphasis a point that
was not made during the majority opinion
3. Dissenting Opinions – written by those justice
who do not agree with the Court’s decisions
