Chapter 18The Federal Court System

The Framers provided for a national system of courts to correct a major weakness in the Articles of Confederation. The Constitution provides for a Supreme Court and for other courts created by Congress. The federal courts operate in a dual court system, alongside the courts of each of the fifty states.

Section 1:The National Judiciary

• The BIG Idea:

• The Constitution outlines the structure of the federal judiciary, the jurisdiction of the courts, and the functions of federal judges.

Creation of a National Judiciary

• During the years of the Articles of Confederation, there

were no national courts and no national judiciary. • The laws of the U.S. were interpreted and applied as

each state saw fit, and sometimes not at all.• Disputes between States and persons who live in

different states were decided by the courts in one of the States involved.

• The Framers corrected this problem 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.”

A Dual Court System• There are two separate court

systems in the United States. On one hand, the national judiciary spans the country with its more than 100 courts. On the other hand, each of the 50 states has its own system of courts. These number well into the 1000s.

Two Kinds of Federal Courts• The Constitution creates the Supreme

Court and leaves to Congress the creation of the inferior courts—the lower federal courts, those beneath the Supreme Court.

• Two Types of Federal Courts:– *the constitutional courts- courts of appeals,

the district courts, and the US Court of International Trade

– *the special courts, sometimes called legislative courts, US Court of Appeals for the Armed Forces, Veterans Claims, the US Tax Court

Federal Court Jurisdiction

• The Constitutional Courts hear most of the cases tried in the Federal courts. That is, those courts have jurisdiction over most federal courts.

• Jurisdiction is defined as the authority of a court to hear (to try and decide) a case.

• All cases that are not heard by the federal courts are within the jurisdiction of the States’ courts.

Types of Jurisdiction• Exclusive and Concurrent Jurisdiction• Exclusive jurisdiction-those cases can be heard only in

the federal courts. Example: case involving an ambassador or other foreign official……also someone who is charged with a federal crime.

• Concurrent jurisdiction- the federal and state courts share the power to hear these cases. Example: disputes involving citizens from different states.

• Plaintiff-the person filing the lawsuit• Defendant- the person whom the complaint is against• Original jurisdiction- court in which the case is first

heard.• Appellate jurisdiction- a court that hears a case on

appeal from a lower court

Appointment of Judges

• The Constitution declares that the President:

• “shall nominate, and by and with the advice and consent of the Senate, shall appoint….Judges of the supreme court.”

Court # of Courts # of Judges Term of Judges

Supreme Court 1 9 Life

District Court 94 677 Life

Court of Appeals

12 179 Life

Section 2:The Inferior Courts

• The BIG Idea:

• Most federal cases are tried in the inferior courts—those under the Supreme Court

The District Courts• The US district courts are the federal trial courts.• Their 677 judges handle more than 300,000

cases per year.• Federal Judicial Districts- The 50 states are

divided into 89 federal judicial districts. At least 2 judges are assigned to each district….but many districts have several.

• District Court Jurisdiction-have original jurisdiction over most cases heard in federal courts– Criminal Cases-a defendant is tried for committing an

action that is against the law– Civil Cases-disputes over a contract, non-criminal

matter

The Court of Appeals• Created by Congress in 1891…..established as

‘gatekeepers’ to relieve the Supreme Court of much of the burden of hearing appeals from the district courts.

• 12 Courts of Appeals• Appellate Court Judges- 179 circuit judges sit on

these appellate courts…..a justice of the Supreme Court is assigned to each of them

• Appellate Court Jurisdiction-They only hear cases on appeal from lower federal courts……their decisions are final, unless the Supreme Court decides to hear the case.

Other Constitutional Courts• The Court of International Trade- originally

created in 1890…..has 9 judges, one of whom is its chief judge….hears civil cases arising out of tariff and other trade related laws.

• The Court of Appeals for the Federal Circuit- established in 1982….used to speed up the handling of appeals in certain civil cases….it has nationwide jurisdiction…..12 judges sit in panels of three or more judges on each case

Section 3:The Supreme Court

• The BIG Idea:

• The Supreme Court stands as the final authority on all issues pertaining to federal

law.

Basic Facts About the Supreme Court

• The US Supreme Court is the highest court in our land and leads the federal judiciary.

• It consists of the Chief Justice and 8 associate judges who are nominated by the President and confirmed by a majority vote of the Senate.

• Once appointed they serve a life tenure, which can terminate only upon death, resignation, retirement, or conviction on impeachment.

• Meets in Washington DC, in the supreme court building…..in session starting in October and running until June of the following year.

Marbury v. Madison• The Players

• John Adams—outgoing Federalist President of the United States

• Thomas Jefferson—incoming Democratic-Republican President of the United States

• James Madison—incoming Secretary of State• William Marbury—appointed a justice of the

peace for the District of Columbia• John Marshall—Chief Justice of the Supreme

Court

Marbury v. Madison• The Case:

• 1. The night before leaving office, Adams sign several judicial commissions.

• 2. Angered by Adams’ actions, Jefferson orders Madison to withhold any commissions not yet delivered.

• 3. Hoping to force Jefferson to give him the judgeship, Marbury files suit in the Supreme Court. He argues that the Judiciary Act of 1789 allows him to take his case directly to the high court

Marbury v. Madison• The Decision:

• Marshall, writing for a unanimous court, declares that the Judiciary Act violates Article III, Section 2 and it therefore unconstitutional. Marbury loses, having based his case on an unconstitutional law.

Marbury v. Madison• The Impact:

• The case established the Supreme Court’s power of judicial review—its power to determine the constitutionality of a governmental action. The power extends to the actions of all governments in the United States—national, state, and local. The Court’s decision in Marbury assured the place of the judicial branch in the system of separation of powers.

Supreme Court Jurisdiction

• The Supreme Court has both original and appellate jurisdiction. Most of its cases, however, come on appeal from lower federal courts and from the highest State courts.

How Cases Reach the Court

• Some 8,000 cases are now appealed to the Supreme Court every year. Of these, the Court accepts only a few hundred for decision. In most cases, petitions for review are denied, usually because most of the justices agree with the decision of the lower court. The court selects those cases that it does hear according to “the rule of four”: at least four of its nine justices must agree that a case should be put on the Court’s docket.

The Court’s Opinions• The Court’s opinion is often called the majority opinion.

Officially called the Opinion of the Court, it announces the Court’s decision in a case and sets out the reasoning on which it is based.

• The majority opinions stand as precedents, or examples to be followed in similar cases as they arise in the lower courts or reach the Supreme Court.

• Often, one or more of the justices who agree with the Court’s decision may write a concurring opinion—to add or emphasize a point that was not made in the majority opinion.

• One or more dissenting opinions are often written by those justices who do not agree with the Court’s majority decision.

Section 4:The Special Courts

• The BIG Idea:

• The special courts handle cases that are outside the mainstream judicial system.

Review from Section1

• The Federal Court System is made up of two quite distinct types of courts:– The Constitutional, or regular courts– The Special Courts– ….the special courts are discussed in this

section

Special Courts

• 1. The Court of Federal Claims—Congress set this court up in 1855 to hear claims from people against the government of the United States…..this is called redress- satisfaction of a claim, or payment.

• This court is composed of 16 judges appointed by the President and approved by the Senate. They serve 15 year terms.

Special Courts• 2. The Territorial Courts—these courts

sit in our territories (the Virgin Islands, Guam) they function much like our state courts

• 3. The District of Columbia Courts—consists of both a District Court and a Court of Appeals for the District of Columbia (remember, not a state)

Special Courts

• 4. The Court of Appeals for the Armed Forces—beginning in 1789, Congress established military courts for each branch of the armed forces….these military court—courts-martial—serve the special disciplinary needs of the armed forces and are NOT part of the federal court system.

• In 1950, Congress created the Court of Military Appeals to review the more serious court-martial convictions. This court is a civilian tribunal—a court operating as part of the judicial branch, entirely separate from the military establishment.

Other Special Courts• 5. Military Commissions

• 6. The Court of Appeals for Veterans Claims

• 7. The United States Tax Court