Magruder’s American Government C H A P T E R 18 The Federal Court System

The Federal Court System SECTION 1 The National Judiciary SECTION 2 The Inferior Courts SECTION 3 The Supreme Court SECTION 4 The Special Courts Chapter 18

The Federal Court System

LEVELS OF THE NATIONAL COURT SYSTEM US Supreme Court 3rd Level Highest Court in US Original & Appellate 100 to 200 cases a year United States Court of Appeals 2nd Level Appellate Jurisdiction Hears cases from lower courts 40,000 cases and 12 courts United States District Court Major Trial Court Original Jurisdiction Hears criminal and civil cases 250,000 cases, 94 courts and 632 judges 1st Level

Types of Federal Courts The Constitution created only the Supreme Court, giving Congress the power to create any lower, or “inferior,” courts as needed.

How Federal Cases Are Appealed 1 3 4 Chapter 18, Section 2

APPEALS TO THE SUPREME COURT Rule of 4 Cert filed 1

Opinions are announced every Monday to the public. SUPREME COURT DECISIONS Opinions are announced every Monday to the public.

AMERICAN DUAL COURT SYSTEM

94 Nevada Supreme Court chart

jurisdiction JURISDICTION POWERS

SUPREME COURT RULE OF FOUR Justices meet in secret to discuss whether to hear a case. Four justices must vote to hear a case. inside sc

The National Judiciary Chapter 18, Section 1 Article III of the Constitution calls for the establishment of a Supreme Court and gives Congress the power to set up inferior (Federal) courts, or those courts under the authority of the Supreme Court. The Federal courts work alongside the court systems of the fifty States. The federal system sets up two types of courts: Special courts, (such as tax courts) which hear a narrow range of cases related to the expressed powers of Congress. Constitutional courts, including the Supreme Court, district courts, the court of appeals, and several others, have the power to deal with matters involving the “judicial power of the United States.” Constitutional courts have jurisdiction over, or the authority to hear, federal cases. Federal Courts have exclusive jurisdiction over cases that may only be heard by them. Jurisdiction is determined by subject matter of a case and/or the parties involved.

The National Judiciary, 2 Chapter 18, Section 1 The National Judiciary, 2 The court that first hears a case has original jurisdiction. Federal district courts have original jurisdiction over most federal court cases. Federal courts and State courts have concurrent jurisdiction over cases that may be tried by either. In some of these cases the plaintiff (the person filing the case) may choose to bring it to a Federal or a State court. The defendant (the accused) may be able to have a case moved from a State court to a Federal court. Judges in the federal courts are appointed by the President and confirmed by the Senate and are judges for life in the constitutional courts. They may only be removed by death, retirement, or impeachment. A court that hears a case on appeal from a lower court has appellate jurisdiction.

The Inferior Courts Chapter 18, Section 2 The inferior courts include all constitutional courts below the Supreme Court, and they handle most federal cases. Each State, the District of Columbia, and Puerto Rico has at least one district court or federal trial court. The 94 U.S. district courts have original jurisdiction over most federal criminal and civil cases, are the federal trial courts and hear about 80% of the federal caseload. A federal criminal case is filed when someone violates a federal law. A federal civil case involves non-criminal matters, such as contract disputes. The 12 Courts of Appeal have only appellate jurisdiction. The U.S. currently has 12 Federal Courts of Appeal serving 12 Judicial Circuits. Altogether, 179 circuit court judges sit on these appellate courts, with a Justice of the Supreme Court assigned to each of them. There are two other inferior courts: the Court of International Trade and the Court of Appeals for the Federal Circuit.

The Supreme Court Chapter 18, Section 3 The Supreme Court is made up of the Chief Justice and 8 associate justices. The Supreme Court has the final word on the constitutionality of any issue. Judicial review, as established by Marbury v. Madison in 1803 is the key to the Court’s power, the ultimate and final power of judicial review. The Court can determine the constitutionality of an act of government. The Court has appellate and original jurisdiction over specific types of cases but only hears those few hundred cases that pose complicated or important constitutional questions. Most cases come to the court on appeal. It hears cases in original jurisdiction when a case comes from a State or a diplomat. The Court hears only about 100 cases a year. After hearing oral arguments from lawyers in the case and reading their briefs, the judges render their opinions. The majority opinion states the majority decision of the court; agreeing justices may also offer additional reasons called concurring opinions. Disagreeing justices issue dissenting opinions, to explain why they disagree with the majority opinion.

The Supreme Court 2 How a case reaches the Supreme Court: Chapter 18, Section 3 How a case reaches the Supreme Court: By writ of certiori: Supreme Court orders a lower court to send it a case’s record. Most cases in the Supreme Court reach it this way. By certificate: A lower court asks the Supreme Court to certify a matters answer. By origination: If a State or a diplomat is involved. How the Supreme Court Rules on the Case: Both sides send in briefs Both sides present oral arguments Justices vote and write a majority opinion, giving the Court’s official opinion Majority opinions stand as precedents.

The Special Courts Chapter 18, Section 4 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. The United States cannot be sued by anyone unless Congress agrees to the case. The Court of Federal Claims hears such cases, and a citizen can seek redress (satisfaction of the claim) in that manner. The Court of Appeals for the Armed Forces is a civilian tribunal (its judges are civilians), and it hears appeals from Courts-martial, whose judges are military officers. Other courts established by Congress in the exercise of its expressed powers are: the Court of Federal Claims (hears suits against the United States) the District of Columbia Court (hears cases in Washington, D.C.) Court of Appeals for the Armed Forces (hears appeals from Courts-martial) the U. S. Tax Court (hears civil cases involving the IRS and tax law) the Territorial Court (hears cases in U.S. territories) the Court of Veterans Appeals (hears claims for Veteran’s benefits)