Federal Court System

Federal Courts Creation of Federal Courts –No national court system under Articles of Confederation –Article III established Supreme Court but left lower federal courts to the Congress –Judiciary Act (1787) established federal district courts –1891, Congress created federal appeals courts and circuits, or districts they serve

Federal Court Jurisdiction jurisdiction- authority to hear a case original jurisdiction- first court to hear case appellate jurisdiction- appealed from lower court exclusive jurisdiction- only federal courts can hear and decide cases concurrent jurisdiction- both federal and state courts have jurisdiction

Types of cases heard by Federal Courts Constitutional issues Federal Laws for federal crimes (ex: kidnapping, tax evasion, bank robbery, etc) disputes between states (supreme court) citizens from different states injuries caused by the Federal government foreign gov’ts and treaties admiralty and maritime laws US diplomats

Lower Federal Courts U.S. District Courts –District courts are the lowest federal courts where trials are held (civil and criminal) –94 district courts in parts of country, some courts specialized (international trade, federal claims) –All federal cases begin in district courts- original jurisdiction –only federal courts with witnesses and trial juries to reach verdicts

Federal Circuit Court Districts, North Carolina There are 94 Circuit Court Districts in the U.S. 3 of them are in NC The districts are apportioned according to population but each state has at least 1

U.S. Court of Appeals appeals courts- review decisions in lower courts- appellate jurisdiction Organization- 12 US Courts jurisdiction over district courts over an area or circuit Making a decision –No trials, just 3 or more judges review case and listen to arguments –Can uphold decision, reverse original decision, or remand (send back to be tried again) a case

Selection of Federal Judges Appointed by President, confirmed by Senate Federal Judges serve for life Usually lawyers but no legal requirement political support and agreement with the president important factors

U.S. Supreme Court Jurisdiction and Powers Original- conflicts b/w states Appellate- chooses which cases it hears “Court of last resort” Judicial Review- review any local, state, or federal issue if it is constitutional

Procedures select cases that involve constitutional or legal (not political) questions writ of certiorari- asks a lower court to send the case to the Supreme Court for review Accepted cases go on the docket, or calendar

Decision making written arguments- a brief is a written document that explains one side’s opinion oral arguments - 30 minutes to present case with questioning

Opinion writing –One Chief Justice, 8 Associate justices vote –Majority opinion- views of the majority justices, has far reaching consequences –Concurring opinion- agrees with the majority but for a different reason –Dissenting opinion- opposes majority opinion

Top 3 levels are constitutional courtsTop 3 levels are constitutional courts Begins at the trial level [usually]Begins at the trial level [usually] –Original jurisdiction Decisions may be appealed to next level[s]Decisions may be appealed to next level[s] –Appellate jurisdiction [State systems are similar] [State systems are similar] Article I courts, etc. try cases and hear appeals within their own organizationsArticle I courts, etc. try cases and hear appeals within their own organizations U.S. Supreme Court is final court of appeal for all courts & agencies [incl. state supreme courts]U.S. Supreme Court is final court of appeal for all courts & agencies [incl. state supreme courts] [Highest State courts]