Structure of the Federal Courts What does the Constitution say in Article III? Provides for Supreme Court Specifies jurisdiction Provides details regarding juries/treason No mention of court structure…

Structure of the Federal Courts In Article I, sec. 8 (delegated powers)… “Congress shall have the power to constitute tribunals inferior to the Supreme Court.” (Structure is then created by Judiciary Act of 1789)

Structure of the Federal Courts Two kinds of courts created by Congress Constitutional Courts Legislative Courts

Basic Judicial Requirements Jurisdiction Authority of a court to hear and decide a case Original Appellate Standing Sufficient stake in matter to justify bringing suit

Jurisdiction of the Federal Courts Dual Court system State systems Federal system Dual Sovereignty Doctrine says state and federal authorities can prosecute for the same action (upheld by Supreme Court) Essentially, there are 52 court systems in the United States Federal Each of 50 states Washington, D.C.

Three-Tiered Model

U.S. Circuit Courts of Appeal hear appeals from federal district courts in their jurisdictions 1 (13 th Circuit or Federal Circuit) has national appellate jurisdiction over certain types of cases 3 or more judges; they review cases and determine if the trial court committed an error Look at questions of law, not fact

Confirmation Process 1. Senatorial courtesy 2. Official Nomination 3. Senate Judiciary Committee hearings (“vetting process”) 4. Full Senate debate & vote

Factors Affecting Confirmation “Paper trail” = ideology President’s popularity Time remaining in President’s term Demographics Partisanship in Senate Stance on “stare decisis” Litmus test? Overall competence