1. Introduction to the Federal Courts
Unit 2: Branches

2. I. Structure of Federal Court system

3. A. Dual system of courts: In our federal system we have both federal and state courts
Court Handles cases dealing with:
Federal law
U.S. Constitution
Court Handles cases dealing with:
State law
State Constitutions

4. Article I (legislative or special) courts
Examples of these courts:
Claims courts: hears lawsuits against the federal govt
Court of military Appeals
District of Columbia Courts

5. C. Article III (Const. Crts)
Article III of the Const. deals with judiciary and creates a Supreme Court while also giving Congress the power create “inferior” (lower) courts. These three levels of courts form the basis of our federal court system

6. Three Levels of Courts District Courts Handle 90% of all federal cases
94 such courts 610 judges
2. Courts of Appeal (Appellate)
Are 12 of these spread out in 12 districts or “circuits”
2) 156 judges try > 18,000 cases a year
3. Supreme Court (Separate Lecture)

7. II. Judicial power is passive

8. Courts cannot reach out and “take” cases. Cases must come to them
There must be an actual case (“controversy”) for a court to make a ruling. Courts cannot “create” cases

9. III. Legal Standing (Holding Legal Water) A
III. Legal Standing (Holding Legal Water) A. Only those with standing may challenge a law or gov’t action Example: Lesbian couple challenging NY inheritance law

10. III. Judicial law making
Judges interpret the law and in doing so in fact make law. It is necessary that they make law because:
Broadly worded statutes (laws)
Const broadly worded
Thus- interpretation of statutes and the Const. is in effect making law: Some quotes:
“the Supreme Court is the Constitution”- (Justice Felix Frankfurter)
“The Supreme Court is a constitutional convention in continuous session”- (Woodrow Wilson)

11. Evidence of judicial law making
Courts vs. state law
Courts vs. federal law
The Supreme Court vs. itself
Political vs. Constitutional questions

12. IV. Jurisdiction: 4 types
Exclusive
Concurrent
Original
Appellate

13. VI. Jurisdiction of federal courts-
Fed Crts may try a case if it involves the following issues:
The Const, Fed law, or treaty
Admiralty law & Maritime law
Disputes btwn 2 or more states
U.S. Govt as party
Citizens of diff states
Ambassadors or diplomats

14. Essential Knowledge
Identify the three levels of the federal court system. Discuss the jurisdiction of each
Discuss the implications of the quote made by Woodrow Wilson-“The Supreme Court is a constitutional convention in continuous session”