1. Ch. 18 – Federal Court System

2. Basics & Background We have a dual court system in the USA. – Federal Courts – 1 national system. – State Courts – 50 separate systems. Article III of the Constitution created the federal court system, some thought it unnecessary since we already had 13 state court systems. Why is a federal court system needed? – To interpret Constitution. – Application of federal law. – To settle disputes between states. – To settle disputes between states & federal govt.

3. What is a dual court system? Federal Courts – US Supreme Court – US Courts of Appeal – US District Courts What types of cases are heard in these courts? Can a case go from federal to state court? State Courts – Texas Supreme Court – Texas Courts of Appeal – Texas District Courts What types of cases are heard in these courts? Can a case go from state to federal court?

4. What determines if a case is heard in a federal court instead of a state court? Subject matter of the case: – Interpretation & application of the Constitution or any federal statute or application of provision of the Constitution. – A question of admiralty (crime at sea in US waters) Parties involved in the case: – US or one of its’ officers or agencies – An ambassador, consul, or representative of a foreign government – A state suing another state, a resident of a state, or a foreign govt – Citizen of one state suing a citizen of another state – US citizen suing a foreign govt or one of its’ subjects – Citizen of one state suing a citizen of that same state where both claim land grants from a different state.

5. Two Types of Federal Courts Constitutional Courts – District – Hear all Fed cases except those that fall under original jurisdiction of other Fed courts. – Appellate (created in 1891) – Only hear cases on appeal from lower district courts. – Supreme – Most cases come from State Supreme Courts & Fed Appeals Courts. Original jurisdiction – Cases involving an ambassador or public minister. – US Court of International Trade – Civil cases involving tariffs & trade-related laws.

6. Continued Special Courts: – Tax Court – Civil cases involving tax law. – Military Court of Appeals – Civillian tribunal to review serious Courts Martial appeals. – Court of Appeals for Armed Forces – Same as above, with a new name. What about Washington, DC? – DC is a Federal district, so Federal jurisdiction.

7. Types of Jurisdiction and Appointments Exclusive – Cases heard only in these courts. Concurrent – Fed or State courts can try. Original – First court to hear case. Appellate – Hear appeal from original court. Appointment for Federal Judges – Prez nominates, Senate confirms. – Serve for “life or good behavior”. – Can be impeached for crimes or misbehavior. – Salary – Justices get $213,900, Chief Justice gets $223,500.

8. Organization of Federal Districts Court Officers in the 94 Districts: – 400 magistrates (judges). – At least one bankruptcy judge per district (352 as of 2012). – US Marshals – Job is to arrest in Fed criminal cases, hold accused in custody, secure jurors, serve legal papers. – Assistant Marshals. – US Attorney – Job is to bring to trial people charged w/ Fed crimes, represent USA in civil actions. – Assistant Attorneys. – Others: Baliffs Stenographer (court reporter) Court clerks (researchers)

10. The Inferior Courts There are 12 Judicial Circuits; each circuit is divided into regions (N,S,E,W). Each state has at least one Judicial District. – In Texas, we have 4 and are part of the 5 th Circuit. Inferior Courts: – District Courts. Original jurisdiction because most cases fall here. Criminal & civil cases. Most decisions are final. – Courts of Appeal. “Gatekeepers of the Supreme Court”. 12 Courts of Appeal w/ 179 judges (panels of 3). One Supreme Court Justice presides over each District. Jurisdiction is only appellate.

12. The Supreme Court Known as “The Court of Last Resort”. – Judicial Review gives them final say on meaning of Constitution. Judicial Review – Power of a court to determine constitutionality of a govt action. – Developed out of Marbury v Madison (1803). – Long term effects – Gave Supreme Court great power, especially in increasing or limiting federal power.

15. “The Highest Court in the Land”

18. Continued Supreme Court jurisdiction: – Over 10,000 cases yearly are appealed, but only a handful are heard at the Supreme Court. Only cases that address significant Constitutional issues that haven’t already been settled. – How does a case reach the Supreme Court? Writ of Certiorari – Orders a lower court to deliver written record of a case so that a higher court may review it. By Certificate – from a lower court asking for a review based on specific Constitutional grounds. From State Supreme Courts – using previous methods. Original jurisdiction – only when a state is a party, or case involves ambassadors, public ministers, or consuls.

19. RULE OF FOUR – 4 of 9 Justices must agree that case should be put on docket. – If four don’t agree, case isn’t heard.

20. How a Case is Heard in SCOTUS June to September: – 10,000 appeals made to SCOTUS. – Cases are researched, and Rule of Four applied. – Docket created – about 100 cases. – Briefs filed. Written documents filed before oral arguments; one- sided, cite relevant facts, citations of previous cases. – Amicus Curae briefs filed. “Friend of the Court”; With SCOTUS permission/request, persons or groups with substantial interest in outcome of case can file Amicus briefs with more information.

22. Continued October to May. – For two weeks, Mon, Tues, Wed, sometimes Thurs, oral arguments heard on multiple cases. – Each side gets exactly 30 mins in oral arguments. – For the next two weeks, Justices go into conference to discuss & consider cases. – Clerks research for each case – previous cases, similar cases, pertinent laws. – Justices make ruling, write opinions, and release to the public.

23. Opinions Majority Opinion – Decision made by majority of Justices on case. Usually written by Chief Justice or senior Justice. – Stands as precedents – Examples to be followed when similar cases arise in lower courts or SCOTUS. Concurring Opinion – Majority Justuces may write these to add to or emphasize majority opinions. Dissenting Opinions – Written by Minority Justices, explains why they disagree.

24. Continued The rows of books in lawyer’s offices are all kinds of court cases & opinions, including SCOTUS cases. Solicitor General – Represents Fed Govt in SCOTUS cases, decides which cases goct asks SCOTUS to hear. – Scotus doesn’t have to hear cases Fed govt requests.

25. The Special Courts The Court of Federal Claims – Hear cases about claims for damages against Federal govt. Territorial Courts – Function like local courts in US territories. The District of Columbia Courts – Hear local DC cases as well as Federal cases. Court of Appeals for the Armed Forces – Review serious Courts Martial cases. Military Tribunals – Created to try terrorist detainees & threats to national security. Court of Appeals for Veteran’s Claims – Hears claims that VS has denied or mishandled valid claims for veteran’s benefits. US Tax Court – Hears civil cases involving disputes over application of tax laws.