2. CHAPTER 18
FEDERAL COURT SYSTEM

3. Alexander Hamilton, Federalist 22
“Laws are a dead letter without courts to expound and define their true meaning and operation”

4. Article III, Section I
“The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.”

5. Article I, Section 8, Clause 9
Congress has the expressed power “to constitute tribunals inferior to the Supreme Court.”

6. DUAL COURT SYSTEM (Federalism)
1) National Judiciary (Federal Court System):
100+ courts
a. Supreme Court
b. Constitutional courts
c. Special courts
2) State Judiciary:
1000s of courts
State courts hear most of the cases.

7. Federal vs. State Courts

9. Judicial Branch Courts

10. FEDERAL COURTS These are “inferior” courts (lower than Supreme Court).
TWO TYPES
1. CONSTITUTIONAL COURTS
Hear more cases than special courts
Created out of Article III power
Include 94 District Courts, 12 Court of Appeals, US Court of International Trade, US Court of Appeals for Federal Circuit
AKA “Regular Courts”, “Article III Courts”

11. FEDERAL COURTS CONTINUED
2. SPECIAL COURTS
*Have been created by Congress to deal with cases arising out of one of Congress’ expressed powers
*AKA “Legislative Courts” or “Article I Courts”
*Include US Court of Federal Claims, Territorial Courts, Courts of the District of Columbia, US tax Court, US Court of Appeals for Armed Forces, US Court of Appeals for Veterans Claims

12. Special Courts, continued
Include:
US Court of Federal Claims (you suing the federal government)
Territorial Courts (land owned by U.S. like Guam)
Courts of the District of Columbia (court for people in D.C.)
US Tax Court (any violation of federal tax laws)
US Court of Appeals for Armed Forces (military has own set of laws, so they need their own court – appeals from JAG)
US Court of Appeals for Veterans Claims (if a veteran loses a service, this is where they appeal their case – like Agent Orange cases)

13. JURISDICTION Definition:
The authority or subject area that a court can hear a case about.
Example: Break a federal law, go to a federal court (robbing a bank).
Example: Break a state law, go to a state court (speeding).

14. Types of Jurisdiction
1) Exclusive Jurisdiction - cases that can only be heard in Federal Courts.
Federal Crimes
Examples:
patents & copyright violations bank robbery
cases involving ambassadors kidnapping
presidential assassination killing a police officer
destroying a mailbox-$1000 fine)

15. Types Of Jurisdiction, continued
2) Concurrent Jurisdiction – cases can be tried in either federal or state court.
Most common concurrent jurisdiction is Diverse Citizenship: dispute involving citizens of different states
Can go to Federal District Courts if over $75,000 is involved in the case
Trial can be moved to a Federal court
defendant wants it out of plaintiff’s state
Example: Land dispute between people from different states.

16. CHRONOLOGY of Jurisdiction
1) Original jurisdiction - court where case is 1st heard
2) Appellate jurisdiction – court where case is heard 2nd, 3rd, 4th, etc. (on appeal from lower court)

18. Jurisdiction * Of the Federal Courts
1. US Supreme court has original and appellate
2. US Appeals courts have appellate
3. US District courts have original *

19. APPOINTING JUDGES
Article II, Section II, Clause II – Supreme Court appointment process
Says that “the President shall nominate and by and with the advice and consent of the Senate shall appoint…Judges of the Supreme Court.”

20. Appointing Judges, Continued
What if a state needs a new federal judge?
President asks the senior senator, from the state, to recommend 3 candidates
Senatorial Courtesy – President will typically choose that senator’s 1st choice
Example: In Indiana, Obama would ask Dan Coats because he is the senior senator from Indiana

21. TERM and SALARY For Constitutional Courts – LIFE
Until judge resigns, retires, or dies
Can be removed through impeachment (13 impeached, 7 of them removed)
Salary is set by Congress and can not be decreased during their term in office.

22. Court Officers US Magistrates
officers of the court who are appointed to 8-year terms
What they do:
issue arrest warrants
set bail
reduce the workload for the judges

23. Court Officers US Attorney: each Federal District
President nominates and Senate approves
Government’s prosecutors (lawyers)
Represent government in all civil actions brought by or against the government in their district
4-year term
If I’m charged with breaking a federal law… it would be the US v. Sprunger

24. Court Officers, continued
U.S. Marshall
Could arrest you for breaking a federal law or deliver you a warrant for breaking a federal law
Deals with riots, mobs, etc. 4-year term
sent by Magistrate to arrest people

25. Courts below the Supreme Court
THE INFERIOR COURTS
Courts below the Supreme Court

26. Federal Judicial Districts
Include at least one district in each State, the District of Columbia and Puerto Rico
Larger, more populous states are divided into 2 or more districts
2 judges assigned to each district (at least)
Cases tried in district courts heard by 1 judge usually

27. DISTRICT COURT JURISDICTION
Original jurisdiction
Making them the principal trial courts in the federal court system
Criminal cases – when a defendant is tried for committing some action that Congress has declared by law to be a federal crime
Civil cases – noncriminal matter, terms of contract, e.g

28. District Court Cases Bank robbery Mail fraud Counterfeiting
Tax evasion
Bankruptcy
Civil rights

29. Court of Appeals Created by Congress in 1892
Relieves the Supreme Court of burden of hearing all appeals
Currently 12 courts of appeals
179 circuit judges

30. U.S. COURTS OF APPEALS
D.C
And
Federal
Circuit
Make 13

31. Appellate Court Jurisdiction
Hear cases on appeals from lower federal courts
Also hear appeals from several federal regulatory agencies like the Federal Trade Commission, the national labor Relations Board
55,000 cases a year

32. Court of International Trade
Created in 1890
9 judges
Civil cases arising out of tariff and other trade-related laws
Panels of 3
Trials often held at major port cities