1. The Federal Judiciary

2. The division of power
In the U.S. Constitution the original 13 states agreed to cede certain limited powers to the federal government
BUT state governments retained
their own court systems
authority for most criminal and private law
product of history.
original 13 states - former colonies –each had own systems of government, own laws and own independent court systems.
In 1789, - agreed to join together and to cede certain limited powers to the federal government – generally those which had to be done at a national level, such as defence, or regulating commerce between the states.
However, the states insisted on retaining sovereignty in all other areas. The federal gov only has the pwoers granted to it, the residual powers remain with the states and the people.
So they retained their own court systems and authority for most criminal and private law.
Most criminal and private law today is still state law.

3. A dual court system
This division of powers also involved a division of judicial authority:
There is some overlap between the two systems
Federal court system and federal judges
50 different state court systems and 50 sets of state judges
This division of powers also involved a division of judicial authority – led to a dual court system.
There were some federal laws, so a federal court system and federal judges were needed to deal with that.
But there were still 50 different state court systems and 50 sets of state judges
It may seem logical for federal courts to deal only with federal law and state courts only with state law…
…BUT this is not the case.
In fact there is some overlap between the two systems

4. The Federal Court System

5. What cases can federal courts hear?
We’re talking about – begins with J?

6. What cases can federal courts hear?
jurisdiction: the authority of a court to hear and decide cases
Federal courts are courts of limited jurisdiction (defined by the Constitution)
They mostly hear:
Federal crimes
Cases in which the U.S. is a party
Federal questions
“Diversity of citizenship” cases
What is the jurisdiction of federal courts? What cases can they hear?
Jurisdiction means: the authority of a court to hear and decidecases (=to adjudicate cases) ,
Federal courts have limited jurisdiction – which means they can only hear certain types of cases.
Article III of the U.S. Constitution defines the types of case which federal courts can hear:
Federal crimes – offences against federal criminal law (and also offences committed on federal land or in some cases which cross state lines) Federal courts have exclusive jurisdiction over federal crimes (Q6 What does that mean? =they must be heard in federal courts)
Cases in which the U.S. is a party –but always in federal courts
Federal questions
Diversity of citizenship cases

7. Federal question jurisdiction
A federal question : a case “arising under” a federal law, or a treaty, or the U.S. constitution
Federal courts have exclusive jurisdiction over some federal matters
Some federal questions can also be heard in state courts.
Much federal question litigation involves judicial review
A federal question : a case involving a federal law, or a treaty, or the U.S. constitution
Federal courts have exclusive jurisdiction over some federal matters including federal crimes,
BUT other federal question cases can also be heard in state courts.
Much federal question litigation involves judicial review, when courts decide if goc action or law violates the US Constitution

8. Diversity of citizenship jurisdiction
Federal courts can hear civil actions arising under state law, IF:
The parties are citizens of different states, AND
The value of the case EXCEEDS $75,000
State courts have concurrent jurisdiction for these cases.
The second type of jurisdiction is “diversity of citizenship” jurisdiction
Federal courts can also hear civil actions arising under state law, IF:
The parties are citizens of different states, AND
The value of the case EXCEEDS $75,000
Why?
When one of the litigants is from a different state, the federal court is supposed to provide a fairer and more neutral forum
Keep in mind, federal courts can hear these cases, but they can also be heard in state courts

9. Federal courts - levels
United States Supreme Court
United States Court of Appeals
United States District Courts
So that is the jurisdiction, but what about the structure of the federal courts?
There are three levels.
The courts are arranged hierarchically and litigants who are unsatisfied with lower court decisions can appeal to higher courts.
At the bottom are the United States District Courts.

10. U.S. District Courts
Deal with criminal and civil cases at first instance
Parties: U.S. v defendant OR plaintiff v defendant
Trial may be by a judge sitting alone, or a judge and jury
Trial courts – 94 of them around the United States and its territories
They deal with both criminal and civil cases at first instance = courts of original jurisdiction.
Parties: United states v defendant (crim) Plaintiff v defendant (civil)
Q2 Who hears cases in these courts? In more serious criminal cases, trial is by a judge and a 12-person jury - Any person accused of a crime punishable by incarceration for more than six months has a constitutional right to a trial by jury

11. Federal courts - levels
United States Supreme Court
United States Courts of Appeals
United States District Courts
The next level up is the United States Court of Appeals – note whenever US in front that means it is a federal court

12. U.S. Courts of Appeals
The party who loses in a U.S. District Court has the right to request an appeal.*
13 U.S. Courts of Appeals, each of which covers a circuit (e.g. the U.S. Court of Appeals for the Eleventh Circuit)
The party who loses in a U.S. District Court has a right to an appeal – EXCEPT the prosecutor in a criminal case.
RIGHT to request, not an automatic appeal in every case!
13 U.S. Courts of Appeals, each of which covers a circuit:
12 cover a geographical area (e.g. the U.S. Court of Appeals for the Eleventh Circuit) – see covers states each of those states is divided into districts
One is a specialized court (the U.S. Court of Appeals for the Federal Circuit). patent cases, claims v federal govt and some other specialist federal matters
Also review decisions of some federal administrative agencies

13. U.S. Courts of Appeals Parties: appellant v appellee or respondent
Appeals are usually heard by a panel of three judges who hear legal arguments only.
Appeals are usually heard by a panel of three judges who hear legal arguments from the attorneys.
There are no trials in appeal courts
No jury.
No new evidence/no witnesses.

14. Federal courts - levels
United States Supreme Court
United States Court of Appeals
United States District Courts
He might be able to appeal to the US Supreme Court

15. U.S. Supreme Court
The loser in a U.S. Court of Appeals may file a Petition for Writ of Certiorari to the Supreme Court.
If “cert.” is granted, nine Supreme Court Justices hear the appeal.
Parties: petitioner v respondent
7) How does a case get to the US Supreme Court?
The loser in a U.S. Court of Appeals (or in some case a US district court) may file a Petition for Writ of Certiorari to the Supreme Court – this is a request to the court asking them to hear the appeal
The Supreme Court does not have to hear the case – it has discretionary jurisdiction, so it chooses the cases it hears. Hears very few of cases asked to hear – about 1%.
How do they choose?
Generally they choose cases which raise very important legal issues. Often they choose cases where two UC Courts of Appeals have decided differently on the same point of law (circuit split) or there is a conflict between state court and Supreme Court precedent.
If it does (“cert. granted”) nine Supreme Court Justices hear the appeal

16. Power of the Supreme Court
The Supreme Court is the court of last resort in all questions of federal law and the U.S. Constitution
This means it can decide
whether law passed by Congress violates the Constitution (e.g. Obamacare)
whether an act of the President violates the Constitution
whether a state’s use of the death penalty or criminal justice procedures violate the Constitution
It establishes precedents – all other courts state and federal must follow its interpretation of us law and the us constitution
they do, force them to change – immense power
It can overrule its own previous judgments 16

17. Judicial activism and judicial restraint
USSC decisions which interpret the Constitution in a new way can seem to change the law e.g.
abortion
same-sex marriage
Some justices argue that the interpretation of the Constitution must change as society changes
Critics call this “judicial activism”
Those in favor of judicial restraint argue that the Supreme Court should defer to the legislative branch
Eg abortion in Roe v Wade (1973) USSc found that there was aright to abortion in the US Constitution
In 2015 Obergefell v Hodges (- a right to gay marriage
Often these are socially progressive decisions, but not always
Citizens United v FEC (2010) – Corporations had free speech rights
Critics call this “judicial activism” -
Those in favor of judicial restraint argue that the Supreme Court should defer to the legislative branch, interpret the Constitution strictly

18. Federal judges Appointment
Most federal judges are nominated by the President and confirmed by the Senate
Protections
Keep their positions during good behaviour
Cannot have their salaries reduced