CHAPTER 18 QUESTIONS

Question #1 What is meant by “dual court system”? National judiciary and the state court systems existing in each of the 50 states.

Question #2 Identify and describe the two types of federal courts. Constitutional courts (Article III) and the Special courts (legislative courts under Article I authority).

Question #3 Describe the following: jurisdiction—the authority of a court to hear and try a case plaintiff— the person who files suit defendant—the person whom the complaint is against

Question #4 How are federal judges selected? President appoints (usually from own party and based on legal history… selecting from state court judges, legal scholars, law professors, and lawyers) Senate approves (simple majority) Senatorial Courtesy– President consults with the senior U.S. Senator from an appointee’s state (federal district court judges, U.S. attorneys, and federal marshalls– not Supreme Court nominees) Blue Slip (Senators from appointee’s home state inform Senate Judiciary Committee of their support or opposition for the appointee)

Question #5 Describe the pay and terms of federal judges: Judges on Constitutional courts have life tenure, special courts have lesser terms (15 years). Pay is set by Congress. District Court Judge ($169,300), Appellate Court Judges ($179,500), Supreme Court Justices ($208,100), and Chief Justice of Supreme Court ($217,400). All can earn a maximum of an additional $21,000 teaching.

Question #6 What are the duties of U.S. Attorneys and Marshals? U.S. Attorneys serve as government’s prosecutors, working closely with the FBI and other law enforcement agencies to bring to trial those persons charged with federal crimes. U.S. Marshals perform sheriff like duties, making arrests in federal cases, hold accused persons in custody, secure jurors, serve legal papers, keep order in courtrooms, and execute court orders and decisions.

Question #7 Describe the structure and functions of the following: District Courts 94 federal trial courts (642 judges handling 300,000 cases a year) Original jurisdiction over criminal and civil cases involving federal law. Court of Appeals (Circuit Courts) 12 courts of appeals (179 circuit judges, one Supreme Court Justice assigned to each Circuit). Only have appellate jurisdiction, help relieve load to Supreme Court and act as gatekeeper to high court. Court of International Trade Restructured and renamed by Congress in judges sitting in panels of 3. Hear cases arising out of tariff and other trade-related laws. Court of Appeals for the Federal Circuit Nationwide jurisdiction, Created in 1982 to centralize and speed up the handling of appeals in certain kinds of civil cases.

Question #8 Describe the significance of Marbury v. Madison. Judicial review established (see pg. 518 graphic)

Question #9 In what cases does the Supreme Court have original jurisdiction? Those to which a state is a party and those affecting ambassadors, other public ministers, and consuls.

Question #10 How difficult is it for a case to reach the Supreme Court? 8,000 cases appealed to Supreme Court a year, only a few hundred are accepted (granted writ of certiorari).

Question #11 Describe the following: writ of certiorari— “to be made more certain” an order of the Court directing a lower court to send up the record in a given case for its review. certificate— If a lower court is not sure about the procedure or rule of law that should apply in a case, the lower court asks the Supreme Court to certify the answer to a specific question in the matter. oral arguments—public session in which lawyer makes 30 minute presentations before the 9 Justices briefs—written documents filed with the Court before oral arguments begin. These detailed statements support one side of a case, presenting arguments built largely on relevant facts and the citation of previous cases.

Question #12 There are three types of opinions given out by the Supreme Court; list and describe each. Majority opinion-- opinion of the court creating precedent Concurring opinion—adds or emphasizes a point to possibly affect future decisions Dissenting opinion—minority opinion expressed by those Justices not agreeing to decision of the majority.

Question #13 There are six types of special courts in the federal system. List and describe the purpose of each one. (1) Federal Claims (hears claims for damages against the federal government); (2) Territorial (Virgin Islands, Guam, and Northern Marianas); (3) District of Columbia (judicial system Congress set up for District of Columbia); (4) The Court of Appeals for the Armed Forces (conduct trials of members of the military who are accused of violating military laws) also known as courts-martial; (5) Court of Appeals for Veterans Claims (court has power to hear appeals from the decisions of an administrative agency, the Board of Veterans Appeals in the Department of Veterans Affairs; (6) The United States Tax Court (hears civil but not criminal cases involving disputes over the application of the tax laws).