The Federal Court System

Chapter 18

Section 1:The National Judiciary

The Creation of a National Judiciary

Articles of Confederation no national courts no national judiciary

Unable to settle disputes between states Federal court system was established by Article

III of the Constitution Federalist Papers#22

Hamilton wrote of the need for a National Judiciary

Article III – Judicial BranchFramers felt a need for a National Judiciary

Inferior Federal Courts Lower courts, those beneath the US Supreme

Ct Dual Court System

Federal court system – deals with federal law State court system – deals with state law

Two kinds of Federal Courts Constitutional Courts Special Courts

Review the charts on the top of page 507

The Federal District Courts

Jurisdiction in the Federal Courts

Federal Courts Cases - interpretation and application of

the constitution – more common Any federal statute or treaty

Cases that arise on the high seas(navigable waters of the United States)

Who is involved in the case? United States or one of its officers or agencies One state suing another state One citizen of a state suing a resident of

another state

Vocabulary Jurisdiction – the authority of a court to try and decide a caseExclusive jurisdiction – cases only heard in a federal courtConcurrent jurisdiction – state and federal courts share the power to hear the caseOriginal jurisdiction – where the case is first heardAppellate jurisdiction – hears an appeal from a lower court

Vocabulary

Plaintiff – the person who brings forth a case, or complaint

Defendant – the person who the complaint is brought against

Appointments of Judges Federal judges nominated by the

President confirmed by the Senate

Philosophy of government Loose Constructionist/Strict

Constructionist

Terms and Pay of Judges Most federal judges are appointed for life Impeachment process only way to remove

them from office

Court Officers – Federal Level

In each Federal Judicial District

US Magistrates – issue warrants, often hear evidence, set bail for federal chargesUS Attorney – federal government prosecutors, they work closely with the FBI and other federal agenciesUS Marshals – duties include make arrests, hold accused persons in custody, serve legal papers, execute federal court orders and decisionsUS Attorneys and US Marshals are appointed to four year terms

Section 2: The Inferior Courts

The District Courts 632 District judges

hear 80 percent of the federal caseload Each State

forms at least one judicial district two judges are assigned to each district

District courts have original jurisdiction over most of the cases heard in the federal courts hear both civil and criminal cases use both grand and petit juries

The Courts of Appeals created in 1891 as “gatekeepers” to the Supreme Court 12 courts of appeals and 179 circuit judges Appellate courts are regional

hear appeals from courts within their circuits appeals from

United States Tax Court, the territorial courts, and from the decisions of federal regulatory commissions

Two Other Constitutional Courts The Court of International Trade

nine judges hear civil cases arising out of the tariff and other trade-

related laws.Appeals from the Trade Court go to the Court of Appeals for the Federal Circuit

The Court of Appeals for the Federal Circuit has 12 judges. centralize the appeals process in certain types of federal

cases and in cases from certain lower and special courts

The Supreme Court

Judicial Review the power to decide on the

constitutionality of an act of government

established in the case of Marbury v. Madison, 1803

United States Supreme Court the final authority on constitutionality of

an issue the arbiter of disputes

between States between States and the Federal Government

Article III – Judiciary Branch

US Supreme Court is the only court created by the constitutionRequired by Article III to be established Number of Justices to be established

by Congress

Judiciary Act of 1789 – established all lower federal courts (inferior courts)

Jurisdiction Supreme Court

both original and appellate jurisdiction primarily appellate jurisdiction

How Cases Reach the CourtConvene on the first Monday in OctoberDecisions are rendered mid spring – early summer8,000 cases brought before the court, less than 100 will be heard“rule of four” – at least four judges must agree that the court should hear a caseremand - Case is sent back to a lower court

writ of certiorari an order to a lower court to send up the record in a given casewrit of mandamusa court order telling a government official to perform his dutiescertificate

request a ruling on a particular point of law

The Supreme Court at Work Oral Arguments

lawyers speak to the justices, emphasizing the major points they made in their written briefs

Briefs written documents supporting one side of a case submitted before oral arguments are heard

Solicitor represents the United States before the Supreme Court

in all cases to which it is a part

The Conference justices meet in secret session to discuss in depth and

vote on the cases they have heard

Opinions of the CourtMajority Opinion – Officially called the opinion of the court, explains the decision of the courtDissenting Opinion – Opinion that does not agree with the majority decisionConcurring Opinion – Agrees with the majority, however, it adds or emphasis a point not made by the majorityChief Justice assigns who will write the opinionPrecedent – Majority opinions on cases, they are examples to be followed

Section 4:The Special Courts

Special courts are sometimes called legislative courts and their job is to hear cases that arise from the exercise by Congress of certain of its expressed powers.

Other courts established by Congress in the exercise of its

expressed powers are: 1. the U. S. Federal Claims Court;

2. the courts of the District of Columbia;

3. a Court of Appeals for the Armed Forces;

4. a U. S. Tax Court;

5. the territorial;

6. the Court of Veterans Appeals.

Chapter 18 Jigsaw Quiz 1. The Creation of a National Judiciary (461 – 462)

Appointments of Judges (465)

2. Jurisdiction in the Federal Courts (462 – 464)Court officers (466)

3. Terms and Pay of Judges (465 – 466)Jurisdiction (473 – 474)

4. Judicial Review (471 – 473)

5. How Cases Reach the Court (474 – 475)The Supreme Court at Work (475 – 476)

AssignmentGroups of 5 members

a. Step 1 – 12 minute i.      Each group member will be assigned a section of the chapter to read

1. Take notes on at least 8 - 10 key facts regarding your section2. Become the expert on this section3. 12 minutes

c. Step 2 – 15 minutes 1.      Each member will be given 3 minutes to explain in as much detail their section a.       You are the expert of this section (teach your group about your section) 2.      Explain the key points of the section from your notes

d. Step 3 – Quizi.      Each group will take a group quiz

1.      Sections experts should answer the appropriate questions a.       Rely on the expert of that section

2.      If there is a dispute between answers, groups should discuss the question in order to obtain the correct answer

Process:a. Get into groups (30 seconds) d. Begin working on Step 1 – 12 minutes

d. 8 – 10 key facts (Dates, names, events, anything you believe is important) Begin working on Step 1 – 15 minutes

n everyone stand, grab your materials and proceed to move back to your original group

Step 3 Take Quiz