The Federal Court System

Creation of a National Judiciary US law code derived from historical examples  Hammurabi’s Law Code, Ten Commandments and English Common Law Remember that under the AOC there was no national judiciary—laws interpreted and applied as the states saw fit Founding Fathers used Article III to create a national judiciary  In 1789, Congress passed the Judiciary Act which created lower court which feeds into the SCOTUS

Types of Law Procedural Law - controls the procedure followed by courts and parties to legal cases Substantive Law - what people think is law - defines legally enforceable rights and duties, and what wrongful acts amount to violations of those rights and duties - ex) criminal law, tort law, contract law

Creation of a National Judiciary Jurisdiction: authority to hear a case based on location of crime At both the federal and state level a three-tiered system exists  Most cases start in a “lower court” Federal=District Court; State=Superior Court  If the loser decides to appeal, the case moves to the “appeals” or “appellate” court Federal and State=Court of Appeals  The final step, or the “court of last resort” Federal=SCOTUS; State=State Supreme Court

Court of Appeals 13 U.S. courts of appeals  1 appellate court in each region  13 th is a special national court  Usually a panel of three judges hears cases  Can uphold a case, reverse it, or send it back to lower courts Appellate Jurisdiction: court’s authority to hear a case appealed from a lower court Foreign Intelligence Surveillance Court  For wiretaps and other spy related cases

U.S. District Courts All federal trials begin in the district courts because they have original jurisdiction original jurisdiction: authority to hear a case the first time Each state has at least one district court District courts are the only federal courts in which witnesses testify and juries hear & decide cases

Important Judicial Branch Officials DefinitionAppointed Supreme Court JusticeServes on Supreme Court for life or until he/she retires Appointed by President and confirmed by Senate US MarshalMake arrests, collect fines, protect jurors, serve papers, etc Appointed by President and confirmed by Senate US AttorneysRepresent US government in civil cases Appointed by President and confirmed by Senate Magistratehandles routine work like search warrants Appointed by President and confirmed by Senate Attorney Generalto prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned Appointed by President and confirmed by Senate ProsecutorConducts trial for plaintiffs in a court case Usually elected by the public Defense AttorneyConducts trial for those accused of crimes Paid by defendant