Federal Courts
Your right to a trial?? Habeas Corpus Habeas Corpus Your right to go through the legal process Your right to go through the legal process Federal Law/State Law Federal Law/State Law Most cases have Original Jurisdiction and Appeallete Jurisdiction. Most cases have Original Jurisdiction and Appeallete Jurisdiction. Most cases start at the district level. Most cases start at the district level.
What can a court do? Determine innocence or guilt Determine innocence or guilt Issue Court Remedies; Issue Court Remedies; These are decisions by a court to fix the operation or actions of any level of government. These are decisions by a court to fix the operation or actions of any level of government. Examples (Brown vs. Board) Examples (Brown vs. Board) Marbury v. Madison Marbury v. Madison
Federal District Courts Cases in district court are most often tried by a single judge Cases in district court are most often tried by a single judge Original jurisdiction over most cases Original jurisdiction over most cases Hear both criminal and civil cases Hear both criminal and civil cases Only federal courts to regularly use a grand jury to indict defendants Only federal courts to regularly use a grand jury to indict defendants
U.S. Court of Appeals Created by congress in 1891 Created by congress in 1891 Serve as gatekeepers to limit the docket of the Supreme Court Serve as gatekeepers to limit the docket of the Supreme Court Usually a 3 judge panel Usually a 3 judge panel Appellate Jurisdiction Appellate Jurisdiction
Geographic Boundaries
Court of International Trade(Special or Legislative Court) 9 judges 9 judges Civil cases on tariff and other trade related laws Civil cases on tariff and other trade related laws Judges sit in panels of 3 Judges sit in panels of 3 Appeals go to U.S. Appeals Court for Federal Circuit Appeals go to U.S. Appeals Court for Federal Circuit
Court of Appeals for Federal Circuit Nationwide jurisdiction Nationwide jurisdiction Speeds up handling of certain civil cases Speeds up handling of certain civil cases Hears cases from U.S. Court of International Trade, U.S. Court of Federal Claims and the U.S. Court of Appeals for Veterans Claims Hears cases from U.S. Court of International Trade, U.S. Court of Federal Claims and the U.S. Court of Appeals for Veterans Claims
Court of Federal Claims (Legislative Court) Federal government cannot be sued without its consent Federal government cannot be sued without its consent Federal claims court hears requests to be compensated by the federal government Federal claims court hears requests to be compensated by the federal government 16 judges appointed by the Senate 16 judges appointed by the Senate 15 year terms 15 year terms
Court of Appeals for the Armed Forces Reviews court martial cases Reviews court martial cases Civilian Tribunal Civilian Tribunal 5 judges 5 judges Appointed by the president and senate for 15 year terms Appointed by the president and senate for 15 year terms JAG’s argue cases and practice law. JAG’s argue cases and practice law.
Tax Court Established in 1969 Established in 1969 Appointed by the president Appointed by the president Approved by the senate Approved by the senate Hears cases over the application of the tax laws Hears cases over the application of the tax laws Decisions may be appealed to the federal court of appeals Decisions may be appealed to the federal court of appeals
Administrative Courts (Legislative Court) Governs the affairs of the Bureaucracy Governs the affairs of the Bureaucracy Federal Register is upheld here. Federal Register is upheld here.
US Department of Justice (Cabinet Agency) Bring trials or Prosecute criminals for crimes against the Federal Government Bring trials or Prosecute criminals for crimes against the Federal Government US Attorneys are stationed in each of the districts/appointed by the President US Attorneys are stationed in each of the districts/appointed by the President Solicitor General; Solicitor General; attorney who argues the for the US at the Supreme Court Public Defenders/Legal Services Corporation.
The selection of Judges Presidents have the constitutional power with Senatorial Advice and Consent Presidents have the constitutional power with Senatorial Advice and Consent Senatorial Courtesy, When appointing judges the President consults the Senators for the affected state. Senatorial Courtesy, When appointing judges the President consults the Senators for the affected state. The Confirmation process is often very political The Confirmation process is often very political
Senate Confirmation Hearings The Senate Judiciary Committee will investigate potential judges before Confirmation The Senate Judiciary Committee will investigate potential judges before Confirmation These hearings are often painful, slow, and very political. These hearings are often painful, slow, and very political. The process if usually worse when there is divided government and even then the minority may fillibuster decisions. The process if usually worse when there is divided government and even then the minority may fillibuster decisions.
Litmus Test Test on “Wedge” issues that will determine the political ideology of a judge. Judges will usually share opinions with President who appointed them. Political scientists note that the process puts too much pressure on tough issues and not enough on character.
Is the Supreme Court Political? Does it follow public opinion? Justices serve a life term They are free from political pressure How do they make their decisions? Do justices rule like politicians? You make the call!!!
How do judges rule? Activist Activist Known as “Loose Constructionists” Known as “Loose Constructionists” Legislating from the Bench Legislating from the Bench Stretch the meaning of the constitution. Stretch the meaning of the constitution. Broad interpretation. Broad interpretation. Strict Constructionist Often applied by Conservatives Stick to the the language of the Constitution.