1. Bell Ringer – if you were not here last class, don’t ask me questions….
RQ #7 – STUDY!

2. Part I – What court do I go to?
The Judiciary

3. Introduction to the Federal Courts
Types of Law
Statutory: deals with written statutes (laws)
Common: based upon a system of unwritten law
Unwritten laws based on precedents set by other cases
Judges rely upon principle: stare decisis i.e., rule according to precedent
Basic system of law in Britain

4. Introduction to the Federal Courts
Types of Law
Criminal: concerns violations of the criminal code, i.e., violations against society
Civil: concerns disputes (torts) between two parties rather than violations against society
Examples: breach of contract, slander, medical malpractice

5. Introduction to the Federal Courts
Jurisdiction of the Courts
Exclusive: sole authority of a federal court to try a case
Concurrent: authority of both a federal and a state court to try a case
Original: authority of a court to first try a case
Appellate: authority of a court to hear a subsequent appeal

6. Introduction to the Federal Courts
The American legal system is a dual system:
State courts--actually 50 different 'systems’
Federal courts
Both systems have three tiers:
Trial courts--litigation begins and courts hear the facts of the case at hand (original jurisdiction)
Appellate courts--decide questions of law, not fact (appellate jurisdiction)
High or supreme courts

7. Back to that Federalism Idea…`
Federal Appeals Court
(Court of appellate jurisdiction)
Federal Court Structure
State Court Structure
Supreme Court
(Court of last resort; decides constitutional issues)
State Supreme Court
(decides constitutional issues)
Appeals Court
(court of appellate jurisdiction)
Specialty Courts:
US Claims Court, Tax Court (Courts of original jurisdiction)
Federal District Court
(Court of original jurisdiction)
State District Court
(court of original jurisdiction)

8. Introduction to the Federal Courts
Only federal court that Constitution requires is Supreme Court (Article III)
All other federal courts and jurisdictions are creations of Congress
Congress has two kinds of lower courts:
Constitutional court
Legislative court

9. Introduction to the Federal Courts Constitutional Courts
Definition: one exercising the judicial powers found in Article III
Judges given constitutional protection: may not be fired; salaries may not be reduced while in office
There are three levels of Constitutional Courts:
District Court
Court of Appeals
Supreme Court

10. Introduction to the Federal Courts Constitutional Courts
District Court
Handle 90% of all federal cases
94 such courts, ~610 judges
Cases are tried by a judge and jury
Use grand juries to issue indictments = orders that charge an individual with a crime
A petit (trial) jury decides the outcome of a case
Use magistrates, who issue warrants, hold preliminary hearings, and set bail
Jurisdiction: original
May try civil, criminal, or constitutional cases
Decisions may be appealed to Courts of Appeals

11. Introduction to the Federal Courts Constitutional Courts
Courts of Appeals (Circuit Court)
12 Courts, spread out in 12 districts/circuits
156 judges try > 18,000 cases a year
Cases tried by a panel of three judges, except when all judges of a Circuit Court hear a case en banc
Jurisdiction: appellate. Hears appeals from District Courts and regulatory commissions
Decisions may be appealed to the Supreme Court

12. Introduction to the Federal Courts Constitutional Courts
Supreme Court
Covered in later lecture

13. Introduction to the Federal Courts Legislative Courts
Definition: set up by Congress for a specialized purpose and staffed with people who have a fixed term of office and can be removed
Examples:
U.S Court of Federal Claims
Territorial Courts

14. Introduction to the Federal Courts Jurisdiction of Federal Courts
Federal courts may try a case if it involves:
The Constitution, a federal law, or a treaty
Admiralty law (matters on high seas) or maritime law (matters on land but relating to water)
Disputes between two or more states
The U.S. government as a party
Citizens of different states
Ambassadors or diplomats