1 CHAPTER 18 The Federal Court System

Creation Article III Supreme Court Congress may create inferior courts Dual Courts Federal State

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Constitutional Courts Jurisdiction - authority to hear a case Two reasons cases will be heard in federal courts Subject matter deals with Constitution, federal law, or treaty question of admiralty or maritime law Parties Involved U.S. officials or agencies ambassador, consul or other representative of a foreign government States suing another State, citizen of another State, or foreign government or one of its citizens citizen of one State suing citizen of another State U.S. citizen suing foreign government or a citizen thereof 2 citizens suing under land grants from 2 different States

Types of Jurisdiction Exclusive only in federal court Concurrent Federal or State court Original hear case first Appellate hear cases on appeal

Judges Selection appointed by the President and approved by the Senate Term Constitutional court judges are appointed for life May only be removed by impeachment Legislative court judges have terms of varying lengths

Court Officers Clerk holds seal; keeps record of proceedings U. S. Magistrates issues warrants, decides to send to grand jury, set bail, can try minor offense cases. Bankruptcy Judge at least 1 per district U.S. Attorney 1 per district - prosecute cases -- 4 yr. term U.S. Marshal 1 per district - like sheriff - 4 yr. term

8 Section 2 The Inferior Courts

9 I.Describe the structure and jurisdiction of the federal district courts. A. Federal Judicial Districts 1)Each State forms at least one judicial district. 2)There are 94 federal judicial districts. 3)Assigned territory is based on state boundaries. B. District Court Jurisdiction 1)Criminal Cases - A defendant is tried for committing some action that Congress has declared by law to be a federal crime. 2)Civil Cases- Involves some non-criminal matter.

10 II.Describe the structure and jurisdiction of the federal courts of appeals. A. The Court of Appeals – “Circuit Courts” B. Docket – list of cases to be heard. C. Created to relieve the Supreme Court of the burden of hearing most appeals. D. Appellate Court Jurisdiction – only has appellate jurisdiction.

11 III.Describe the structure and jurisdiction of the two other constitutional courts. A. The Court of International Trade 1) Hears civil cases relating to trade and tariffs. B. The Court of Appeals for the Federal Circuit 1) Created in ) Hears appeals in federal cases from across the country. 3) Has nationwide jurisdiction.

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13 Section 2 The End of Section 2

14 Section 3 The Supreme Court

Judicial Review Supreme Court is the final authority on on the meaning of the Constitution Established in Marbury v. Madison, 1803 Court also interprets federal laws and acts as umpire between the States and the Federal government

How Cases get to the Court Rule of 4 Writ of Certiorari Order for lower court to send up record Certificate Lower court asks for SC to certify answer to a question

Work of the Court Court sits from first Monday in October to June or July Oral Arguments Briefs Solicitor General Conference

Decisions of the Court Unanimous Decision Split Decision Majority Dissenting Concurring Importance of Opinions Precedents Clarify ruling for lower courts that will make rulings in the future

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20 Section 3 The End of Section 3

21 Section 4 The Special Courts

22 I.Explain how a citizen may sue the government in the Court of Federal Claims. A. Redress 1)Satisfaction of a claim (payment $$$) B. The United States Government can be sued only if it consents to be sued.

23 II.Examine the roles of the territorial courts and of the District of Columbia courts. A. Virgin Islands, Guam, and the Northern Marians. B. Territorial courts are comparable to local courts. C. District of Columbia 1) Has a District Court and a Court of Appeals

24 III.Contrast the functions of the Court of Appeals for the Armed Forces and the Court of Appeals for Veterans Claims. A. Court Martial A court consisting of military officers who try cases of violations of military law by members of the armed services. B. Civilian Tribunal A court operating as part of the judicial branch, entirely separate from the military. C. The Court of Appeals for Veterans Claims Hears cases in which individuals claim that the Veterans Affairs (VA) has denied or otherwise mishandled valid claims for veterans’ benefits.

25 IV. Explain what types of cases are brought to the Tax Court. A. The Tax Court only hears civil tax cases. B. Cases are generated by the IRS.

26 End of Chapter 18