1. The Federal Courts

2. I. Jurisdiction A. Trivia Question: How many court systems exist in the US today?

3. B Vocabulary Jurisdiction: The power/authority of a court to hear a case Jurisdiction can be subdivided in various ways: 1. Which court hears the case first: ORIGINAL JUSRISDICTION –The court that hears the case for the first time (Trial level) - APPELLATE JURISDICTION – A court that reviews a case to see if a mistake has been made

4. Jurisdiction (con’t) Geography: What geographic limits are covered by the court?

5. Jurisdiction (con’t) 2. What kind of cases the court hears Subject Matter- Federal Question – involving the Constitution, federal law or treaties Diversity – Cases between citizens of two different states.

6. C. The Federal Courts 1. Jurisdiction given by the Constitution (Article III, Section 2) All cases involving the US Constitution, federal law, and treaties (federal question) May also hear cases involving citizens of different states (diversity)

7. D. The Supreme Court 1. Original Jurisdiction (Art.III, Sect 2, Cls 2): All cases involving Ambassadors, other public ministers and when the state is a party. 2. Appellate Jurisdiction (Art III, Sect 2, Cls 2): All other cases, with such Exceptions as Congress shall make.

8. Appellate Jurisdiction (cont) Most cases are heard by the Court are selected by the Court. Very few cases are on appeal by right. Rule of Four: If four of the nine justices want to hear a case, the court will hear the case. The court then issues a Writ of Certiorari (Cert). This is Latin for “Send up the record.”

9. E. What cases does the Court hear? Significant federal or constitutional question – Cases that don’t pose a new issue or a significant variation on an issue aren’t considered. Conflict between the Circuits US Constitutional interpretation by one of the highest state courts Only about 100 cases heard a year So far, Congress has not made “exceptions” to the Court’s jurisdiction

10. F. Case or Controversy Requirement Every case heard in Federal Court must be a real case or controversy Standing: Real controversy between adversaries Litigants must demonstrate personal harm

11. Moot: To be a real case, it must not be moot: That is, the outcome of the case must matter to the litigants.

12. II. A Case in the Sp Ct 1. The Court grants “Cert” 2. Parties submit “briefs” – a written document that sets out the key facts and applies them to applicable law as set forth in legal “precedents” – prior decisions of the Court. 3. Oral Argument – Each side gets 30 minutes to present its case to the court. 4. “Amicus Curiae” (Friend of the Court) People who might be affected by the outcome of the decision can ask the court to file a brief and participate in oral argument

13. 5. Conference: After hearing arguments, the justices meet in private to discuss the case. Each justice presents his/her view and then a vote is taken. If the Chief Justice is in the majority, he assigns who will write the opinion for the majority. If he isn’t in the majority, the most senior justice assigns who will write the opinion

14. Opinions: Majority – An opinion joined by at least 5 justices which delivers the decision of the court Dissent – An opinion written by a justice or justices who disagree with the majority Concurring opinion – An opinion written by a justice (s) that agrees with the decision of the court on who wins or loses, but disagrees with the reasons for the decision Per Curiam – A brief, unsigned opinion

15. III. Lower Federal Courts A. The Constitution Does not specifically establish any federal courts except for the Supreme Court Congress was given the power to establish lower federal courts (Art III, Section 1) There are a number of lower federal courts that have limitations on their jurisdiction

16. B. Federal Circuit Courts 1. Geographically divided into 10 Circuits (1-9 plus DC Circuit) 2. Have appellate jurisdiction over cases arising in their geographic area (coming from the Federal District Courts in their area)

17. Federal District Court Have Original Jurisdiction over cases in their geographic area Will only hear cases with a specific dollar amount ($50,000) (This is jurisdictional)

18. Court of Claims Only hears cases in which the US Government is a party There is a claim that the government owes money to someone (government contract dispute) Very limited areas in which the government is allowed to be sued (waved sovereign immunity) (Federal Tort Claims Act)

19. III. Judicial Selection A. The Basics The President nominates and the Senate confirms Appointment/Confirmation Process: Often contentious. Concerns over ideology predominate both the appointment and confirmation. Senatorial Courtesy – Senators from the president’s party review potential appointees for positions in their state. Essentially given the right to veto an appointment Litmus test – A test of ideological purity used by recent presidents/senators in the confirmation process