1. Chapter 18 Notes The Federal Court System
American Government
Chapter 18 Notes
The Federal Court System

2. Section 1
The National Judiciary

3. Creation of a National Judiciary
Framers of Constitution created a national judiciary
A Dual Court System
There are two separate court systems in the United States
National Judiciary that has nearly 120 courts across the U.S.
Each of the 50 States have their own court systems, which numbers in the thousands
Most Cases heard in State Courts

4. Creation of a National Judiciary (Con’t)
Two Kinds of Federal Courts
Constitution creates the Supreme Court and leaves Congress to create the inferior courts
lower federal courts, those beneath the Supreme Court
Congress has created two distinct types of federal courts
Constitutional Courts
Courts of Appeals, District Courts, and U.S. Court of International Trade
Special Courts
Hear cases arising out of some of the expressed powers to Congress

5. Federal Court Jurisdiction
The Constitutional Courts hear most of the cases tried in the federal courts
Those courts have jurisdiction over most federal cases
The authority of a court to hear a case
Subject Matter of the Case
Interpretation and application of Constitution, federal statute or treaty
Admiralty law (On the seas)

6. Federal Court Jurisdiction (Con’t)
The Parties Involved in the Case
United States or agencies
Ambassador
Interstate or foreign affairs
Ultimately though, if not heard by the federal courts, it is the jurisdiction of the state’s courts

7. Types of Jurisdiction Exclusive and Concurrent Jurisdiction
Exclusive Jurisdiction
Those cases can be heard only in the federal courts
Concurrent Jurisdiction
Cases that can be tried in either federal or state courts
Any diverse citizenship case over $75,000
Plaintiff
the person who files a suit
Defendant
the person whom the complaint is against

8. Types of Jurisdiction (Con’t)
Original and Appellate Jurisdiction
Original Jurisdiction
a court in which a case is first heard
Appellate Jurisdiction
a court that hears a case on appeal from a lower court
has the right to uphold, overrule, or modify the decision held by the lower court
Federal court system, district courts have only jurisdiction and courts of appeals have only appellate jurisdiction
Supreme Court has both appellate and original jurisdiction

9. Appointment of Judges
The President “Shall nominate, and by and with the Advice and Consent of the Senate, shall appoint… judges of the Supreme Court.” Article II, Section II, Clause 2
Including other federal judges who sit in the nations 94 district courts
President tends to select judges on certain criteria’s:
One suggested by Senator from that state
Law specialist
Agrees with their individual political party

10. Appointment of Judges (Con’t)
Two types of federal judges
Judicial activist
believe that a judge should use his or her position to promote desirable social ends
judicial restraint
judges should defer to the actions of the executive and legislative branches, except in cases where actions are clearly unconstitutional

11. Terms and Pay of Judges
Judges of the constitutional courts are appointed for life
Until they resign, retire, or die in office
May be removed through impeachment
Special court judges are not appointed for life
Congress sets the salaries of all federal judges
Can retire at age of 70
If served for at least 10 years, they get full salary for the rest of their lives

12. Court Officers
Federal judges have little involvement in the day-to-day administrative operations
Usually done by clerks and reporters
Each of the 94 district courts have appointed magistrates that take care of legal matters
Warrants of arrest
Set bail in federal criminal cases
Etc.

13. Court Officers (Con’t)
Each federal judicial district has at least one bankruptcy judge
President and Senate appoint a U.S. attorney for each federal judicial district
Bring federal charges against individuals
Also represent the U.S. in all civil actions brought against the government in their districts
Also appoint Marshalls

14. Section 2
The Inferior Courts

15. The District Courts Federal Judicial Districts
There are 89 federal judicial districts, and 4 other courts in D.C. and provinces
Each State forms at least one judicial district
At least two judges per district

16. The District Courts (Con’t)
District Court Jurisdiction
Have original jurisdiction over most cases that are heard in the federal courts
They hear a wide range of both criminal cases and civil cases
Criminal cases are ones in which a defendant is tried for committing some action that Congress has declared by law to be a federal crime
Civil cases involves some noncriminal matter such as a dispute over the terms of a contract

17. The District Courts (Con’t)
They hear a wide range of both criminal cases and civil cases (Con’t)
Only federal courts that regularly use grand juries to indict defendants
Only a few are ever appealed to higher courts

18. The Courts of Appeal
Established by Congress in 1891 in order to alleviate the docket of the Supreme Court
Its list of cases to be heard
There are now currently 12 Judicial Courts
Appellate Court Judges
There are currently 179 circuit judges
Supreme Court judge heads a court of appeals

19. The Courts of Appeal (Con’t)
Appellate Court Jurisdiction
Only have appellate jurisdiction
generally only from the district courts within their circuits

20. Other Constitutional Courts
The Court of International Trade
Originally created in 1890
Contains 9 judges, with one as chief judge
hears civil cases arising out of tariff and other trade-related laws

21. Other Constitutional Courts (Con’t)
The Court of Appeals for the Federal Circuit
Created in 1982 for the Federal Circuit to speed up appeals in certain kinds of civil cases
Has federal jurisdiction and deals with patents, trademarks, copyrights, etc.

22. Section 3
The Supreme Court

23. Judicial Review
Headed by the Chief Justice, and have the final authority in any case involving the laws of the United States
The power to decide the constitutionality of an act of government, whether executive, legislative, or judicial
Marbury V. Madison
John Adams packed the courts with federalist judges

24. Judicial Review (Con’t)
Marshall ruled that the Judiciary Act of 1789 was void due to conflict with Constitution
Constitution is the Supreme Law of the Land
All acts of Government are subordinate
Enforce provision of Constitution
The Effects of Marbury
Laid foundations for the Judicial Branch

25. Supreme Court Jurisdiction
Has both original and appellate jurisdiction
Most cases though come on appeal from lower federal and high state courts

26. How Cases Reach The Court
Most cases appealed to the Supreme Court are not actually heard because of multiple reasons
Supreme Court agrees with lower courts decisions
Less than four justices want to hear the case
Most cases reach Supreme Court by writ of certiorari
An order by a higher court directing a lower court to send up the record in a given case for review

27. How Cases Reach The Court (Con’t)
Rarely cases reach the Supreme Court by certificate
Lower courts unsure of decision and ask Supreme Court to make the decision instead

28. How The Court Operates
Operates from the first Monday in October to June or July
Oral Arguments
Where the lawyers make their case to be heard by the Court
Briefs
Detailed statements support one side of a case, which are filed with the court before oral arguments begin

29. How The Court Operates (Con’t)
The Court In Conference
Headed by Chief Justice, Justice discuss their point of view on the case
Discussed by seniority
1/3 of cases decisions are unanimous
Most decisions are split decisions

30. How The Court Operates (Con’t)
Opinions
The court’s opinion on a case is called a majority opinion
Announces the court’s decision in a case and sets out the reasoning on which it is based
The majority opinion stands as precedents
Examples to be followed in similar cases as they arise in the lower courts or reach the Supreme Court

31. How The Court Operates (Con’t)
Opinions (Con’t)
One of the justices who agree with the Court’s decision may write a concurring opinion
add or emphasize a point that was not made in the majority opinion
One or more dissenting opinions are often written by those justices who do not agree with the court’s majority decision

32. Section 4
The Special Courts

33. The Court of Federal Claims
No one can sue the United States unless they have gone through the Court of Federal Claims
Composed of 16 judges
If U.S. found in guilt, the individual can not be paid until Congress appropriates the money
Can be appealed to the Court of Appeals for the Federal Circuit

34. The Territorial Courts
Courts that work in Virgin Islands, Guam and the Northern Marianas

35. The District of Columbia Courts
Constitution allows there to be courts setup in the District of Columbia

36. The Court of Appeals for the Armed Forces
Congress has created a system of military courts for each branch of the nation’s armed forces
Court Martial
Serve the special disciplinary needs of the armed forces and are not part of the federal court system
All court personnel are military personnel
A court that has a civilian tribunal to deal with serious court-martial convictions
A court operating as part of the judicial branch, that is appointed by the President and Senate

37. Military Tribunals
Used to try terrorist individuals captured throughout the world
A special system of justice designed to meet the needs of national security and the continuing threat posed by alien terrorists here and abroad
President Obama has called for the closure of these military tribunals at Guantanamo Bay detention center
Done multiple times throughout U.S. history

38. The Court of Appeals for Veterans Claims
Has power to hear appeals from the decisions of an administrative agency in the Department of Veterans Affairs

39. The United States Tax Court
Hears cases involving disputes over the application of the tax laws
Most cases generated by the Internal Revenue Service (IRS)