The Federal Judiciary

The division of power In the U.S. Constitution the original 13 states agreed to cede certain limited powers to the federal government BUT state governments retained their own court systems authority for most criminal and private law product of history. original 13 states - former colonies –each had own systems of government, own laws and own independent court systems. In 1789, - agreed to join together and to cede certain limited powers to the federal government – generally those which had to be done at a national level, such as defence, or regulating commerce between the states. However, the states insisted on retaining sovereignty in all other areas. The federal gov only has the pwoers granted to it, the residual powers remain with the states and the people. So they retained their own court systems and authority for most criminal and private law. Most criminal and private law today is still state law.

A dual court system This division of powers also involved a division of judicial authority: There is some overlap between the two systems Federal court system and federal judges 50 different state court systems and 50 sets of state judges This division of powers also involved a division of judicial authority – led to a dual court system. There were some federal laws, so a federal court system and federal judges were needed to deal with that. But there were still 50 different state court systems and 50 sets of state judges It may seem logical for federal courts to deal only with federal law and state courts only with state law… …BUT this is not the case. In fact there is some overlap between the two systems

The Federal Court System

What cases can federal courts hear? We’re talking about – begins with J?

What cases can federal courts hear? jurisdiction: the authority of a court to hear and decide cases Federal courts are courts of limited jurisdiction (defined by the Constitution) They mostly hear: Federal crimes Cases in which the U.S. is a party Federal questions “Diversity of citizenship” cases What is the jurisdiction of federal courts? What cases can they hear? Jurisdiction means: the authority of a court to hear and decidecases (=to adjudicate cases) , Federal courts have limited jurisdiction – which means they can only hear certain types of cases. Article III of the U.S. Constitution defines the types of case which federal courts can hear: Federal crimes – offences against federal criminal law (and also offences committed on federal land or in some cases which cross state lines) Federal courts have exclusive jurisdiction over federal crimes (Q6 What does that mean? =they must be heard in federal courts) Cases in which the U.S. is a party –but always in federal courts Federal questions Diversity of citizenship cases

Federal question jurisdiction A federal question : a case “arising under” a federal law, or a treaty, or the U.S. constitution Federal courts have exclusive jurisdiction over some federal matters Some federal questions can also be heard in state courts. Much federal question litigation involves judicial review A federal question : a case involving a federal law, or a treaty, or the U.S. constitution Federal courts have exclusive jurisdiction over some federal matters including federal crimes, BUT other federal question cases can also be heard in state courts. Much federal question litigation involves judicial review, when courts decide if goc action or law violates the US Constitution

Diversity of citizenship jurisdiction Federal courts can hear civil actions arising under state law, IF: The parties are citizens of different states, AND The value of the case EXCEEDS $75,000 State courts have concurrent jurisdiction for these cases. The second type of jurisdiction is “diversity of citizenship” jurisdiction Federal courts can also hear civil actions arising under state law, IF: The parties are citizens of different states, AND The value of the case EXCEEDS $75,000 Why? When one of the litigants is from a different state, the federal court is supposed to provide a fairer and more neutral forum Keep in mind, federal courts can hear these cases, but they can also be heard in state courts

Federal courts - levels United States Supreme Court United States Court of Appeals United States District Courts So that is the jurisdiction, but what about the structure of the federal courts? There are three levels. The courts are arranged hierarchically and litigants who are unsatisfied with lower court decisions can appeal to higher courts. At the bottom are the United States District Courts.

U.S. District Courts Deal with criminal and civil cases at first instance Parties: U.S. v defendant OR plaintiff v defendant Trial may be by a judge sitting alone, or a judge and jury Trial courts – 94 of them around the United States and its territories They deal with both criminal and civil cases at first instance = courts of original jurisdiction. Parties: United states v defendant (crim) Plaintiff v defendant (civil) Q2 Who hears cases in these courts? In more serious criminal cases, trial is by a judge and a 12-person jury - Any person accused of a crime punishable by incarceration for more than six months has a constitutional right to a trial by jury

Federal courts - levels United States Supreme Court United States Courts of Appeals United States District Courts The next level up is the United States Court of Appeals – note whenever US in front that means it is a federal court

U.S. Courts of Appeals The party who loses in a U.S. District Court has the right to request an appeal.* 13 U.S. Courts of Appeals, each of which covers a circuit (e.g. the U.S. Court of Appeals for the Eleventh Circuit) The party who loses in a U.S. District Court has a right to an appeal – EXCEPT the prosecutor in a criminal case. RIGHT to request, not an automatic appeal in every case! 13 U.S. Courts of Appeals, each of which covers a circuit: 12 cover a geographical area (e.g. the U.S. Court of Appeals for the Eleventh Circuit) – see covers states each of those states is divided into districts One is a specialized court (the U.S. Court of Appeals for the Federal Circuit). patent cases, claims v federal govt and some other specialist federal matters Also review decisions of some federal administrative agencies

U.S. Courts of Appeals Parties: appellant v appellee or respondent Appeals are usually heard by a panel of three judges who hear legal arguments only. Appeals are usually heard by a panel of three judges who hear legal arguments from the attorneys. There are no trials in appeal courts No jury. No new evidence/no witnesses.

Federal courts - levels United States Supreme Court United States Court of Appeals United States District Courts He might be able to appeal to the US Supreme Court

U.S. Supreme Court The loser in a U.S. Court of Appeals may file a Petition for Writ of Certiorari to the Supreme Court. If “cert.” is granted, nine Supreme Court Justices hear the appeal. Parties: petitioner v respondent 7) How does a case get to the US Supreme Court? The loser in a U.S. Court of Appeals (or in some case a US district court) may file a Petition for Writ of Certiorari to the Supreme Court – this is a request to the court asking them to hear the appeal The Supreme Court does not have to hear the case – it has discretionary jurisdiction, so it chooses the cases it hears. Hears very few of cases asked to hear – about 1%. How do they choose? Generally they choose cases which raise very important legal issues. Often they choose cases where two UC Courts of Appeals have decided differently on the same point of law (circuit split) or there is a conflict between state court and Supreme Court precedent. If it does (“cert. granted”) nine Supreme Court Justices hear the appeal

Power of the Supreme Court The Supreme Court is the court of last resort in all questions of federal law and the U.S. Constitution This means it can decide whether law passed by Congress violates the Constitution (e.g. Obamacare) whether an act of the President violates the Constitution whether a state’s use of the death penalty or criminal justice procedures violate the Constitution It establishes precedents – all other courts state and federal must follow its interpretation of us law and the us constitution they do, force them to change – immense power It can overrule its own previous judgments 16

Judicial activism and judicial restraint USSC decisions which interpret the Constitution in a new way can seem to change the law e.g. abortion same-sex marriage Some justices argue that the interpretation of the Constitution must change as society changes Critics call this “judicial activism” Those in favor of judicial restraint argue that the Supreme Court should defer to the legislative branch Eg abortion in Roe v Wade (1973) USSc found that there was aright to abortion in the US Constitution In 2015 Obergefell v Hodges (- a right to gay marriage Often these are socially progressive decisions, but not always Citizens United v FEC (2010) – Corporations had free speech rights Critics call this “judicial activism” - Those in favor of judicial restraint argue that the Supreme Court should defer to the legislative branch, interpret the Constitution strictly

Federal judges Appointment Most federal judges are nominated by the President and confirmed by the Senate Protections Keep their positions during good behaviour Cannot have their salaries reduced