1. Chapter Seven The Federal Government The Judicial Branch ~~~~~
The Federal Court System

3. The Judiciary Article III of the U.S. Constitution Judiciary Act 1789
provides that "the judicial power of the United States shall be vested in one Supreme Court, and in such inferior [lower] courts as the Congress may from time to time establish."
Judiciary Act 1789
First Congress set up a system of federal courts
Jurisdiction = The authority to interpret
and administer the law;
also, the range of that authority.
original jurisdiction
first courts in which most federal cases are heard
appellate jurisdiction
review decisions made by lower courts

4. Circuit Courts of Appeals
Federal Court System
organized into several levels
classified according to their jurisdiction
lowest courts – District Courts
trial courts
original jurisdiction
middle courts – Circuit Courts of Appeals
appeals courts
appellate jurisdiction
every convicted person has the right to appeal to an appellate court
usually made when lawyers believe the law was not applied correctly in the lower court
can also be appealed if new evidence is found
highest court – Supreme Court
original and appellate jurisdiction
Supreme
Court
Circuit Courts of Appeals
appeals courts
District Courts
trial courts

5. Cases Tried in Federal Courts
any person accused of disobeying any part of the U.S. Constitution, including its amendments
anyone accused of violating a U.S. treaty
anyone accused of breaking laws passed by Congress
charges brought by a foreign country against the U.S. government or a U.S. citizen
crimes committed on U.S. ships at sea
ambassadors and consuls accused of breaking the laws of the country in which they are stationed
crimes committed on certain types of federal property
disagreements between the states
the Eleventh Amendment provides that any lawsuit against a state brought by a citizen of another state or of a foreign country shall be tried in a state court
lawsuits between citizens of different states
most federal court cases are of this type

6. Lowest Courts district courts base of the federal court system
94 federal district courts in the United States and its territories
at least one district court in each of the 50 states and in the District of Columbia
some states are divided into as many as four federal court districts, each with its own district court
only federal court in which jury trials are held
have original jurisdiction in most federal cases
cannot hear appeals from other courts
federal trial venue (location)
trial must be held in the state where the crime was committed
ensures that the accused person receives a fair and convenient trial
witnesses who will testify are usually close at hand
no one has to travel long distances to be heard
jury will be familiar with the location of the crime
location can be changed if an impartial jury will be difficult to seat
ex: Oklahoma City bombing of Murrah Building
trial moved from traumatized Oklahoma to Denver, Colorado

7. District Court Officials
district judges
each district court has from 1 to 28, depending on the caseload
appointed for life by the president and approved by the Senate
decide matters of court procedure
explain the law involved in a case to the jury
decide the punishment if the accused person is found guilty
U.S. marshals
arrest persons accused of breaking federal laws
deliver subpoenas
official court orders that require persons to appear in court
keep order in the district courtrooms
see that the courts' verdicts are carried out
magistrate judges
hear the evidence against accused persons and decide whether the cases should be brought before a grand jury
also hear some minor cases
U.S. attorneys
lawyers for the federal government
prove to a jury that the accused person is guilty of the federal crime

8. Middle Courts circuit courts of appeals
review cases that are appealed from the district courts
hear appeals of federal regulatory commission decisions
12 U.S. courts of appeals
each court of appeals covers a large judicial district known as a circuit
the 50 states are divided into 11 circuits
twelfth circuit is the District of Columbia
each appeals court has between 6 and 28 judges
appointed for life by president and approved by Senate
chief judge
judge of each circuit who has served the longest and is under 65 years old
no jury trials
panel of at least three judges makes the decision by majority vote
examine the records of the district court trial
hear arguments by the lawyers for both sides
determine if the appellant was granted full legal rights during the trial
do not determine whether the accused person is guilty or innocent
may send the case back to the district court for a new trial - remand
may uphold the district court's decision - affirm

9. The Highest Court U.S. Supreme Court
highest court in the land
meets in Washington, D.C.
works chiefly as an appeals court
reviews cases that were tried in lower federal courts
reviews cases that were tried in state courts
decisions are final and cannot be appealed
Supreme Court has original jurisdiction in three types of cases
cases involving diplomatic representatives of other countries
cases involving disputes between states
such as a dispute between Arizona and California over the use of water from the Colorado River basin
cases involving a state and the federal government
the ownership of public lands has often been a source of conflict between the states and the federal government 9

10. Other Federal Courts
Congress has created several special federal courts with specific kinds of jurisdiction
Court of Federal Claims
U.S. Court of International Trade
Territorial Courts
U.S. Tax Court
Court of Appeals for the Armed Forces
U.S. Court of Appeals for Veterans Claims 10

11. Special Federal Courts
Court of Federal Claims
hears cases involving money claims (lawsuits) against the federal government
if the court rules against the government, the person bringing the suit is usually granted a sum of money
Congress must then authorize the payment of the claim
U.S. Court of International Trade
hears cases involving taxes on imports
people who think that the tax on their imported goods is too high
located in New York City
also hears cases in other port cities 11

12. Special Federal Courts
Territorial Courts
administer justice to the people living in U.S. territorial possessions
one territorial court in each of the following U.S. territories
Northern Mariana Islands, Guam, the Virgin Islands, Puerto Rico
handle the same kinds of cases as district courts
also hear the types of cases that would go to a state court
U.S. Tax Court
hears appeals from taxpayers who disagree with rulings of the Internal Revenue Service (IRS) concerning their payment of federal taxes
does not handle charges of tax delinquency or evasion
these are criminal charges
actually an independent agency
but it has the powers of a court 12

13. Special Federal Courts
Court of Appeals for the Armed Forces
appeals court for the country's armed services
people in the armed services who are accused of breaking a military law are tried at a court-martial
trial conducted by military officers
judge, lawyers, and jury are all members of the military
consists of five civilian judges
appeals of this court's decisions can be, but rarely are, heard by the Supreme Court
U.S. Court of Appeals for Veterans Claims
hears appeals brought by military veterans against the Department of Veterans Affairs
always involve claims for veterans benefits 13

14. Federal Judges preside over all the federal courts
Supreme Court members are called justices
appointed by the president
approved by the Senate by a majority vote
appointed for life
except judges who preside over territorial courts
can be removed from office only by impeachment
can leave office by promotion, retiring, resigning, or death
Congress may not lower a judge's salary during her or his time in office
ensures that judges are not punished or rewarded for their decisions in cases
assisted in their work by many other people
law clerks and court reporters 14