The Federal Courts

1
The Federal Courts
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Lesson Objectives

• Understand the organization, staffing and
  function of the federal court system
• Know the primary bases for federal court
  jurisdiction
• Learn about the differences between Article I and
  Article III courts
• Understand how federal judges are selected
• Learn about the three ways cases can reach the
  United States Supreme Court

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Federal vs. State Courts

• Federal and state courts are separate systems
• Both systems involve civil and criminal
  litigation
• Cases that begin in state court may be removed
  to federal court under certain circumstances
• Civil cases can be filed or removed to federal
  court based on diversity of citizenship or the
  existence of a federal question

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Constitutional Basis for Federal Courts

• Article III and Art. 1, sec. 8., cl. 9
• The judicial power of the United States shall be
  vested in one supreme Court, and in such inferior
  courts as the Congress may from time to time
  ordain and establish.
• Art. I, sec. 8, cl. 9Congress is given power to
  constitute tribunals inferior to the supreme
  Court
• All federal courts other than the United States
  Supreme Court are created by Congress under the
  above authority (Article III courts) or other
  enumerated provisions of Article I Section 8
  (Article I courts).

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Jurisdiction of Federal Courts

• Article III, Section 2 Judicial power includes
• all cases in law and equity
• arising under this Constitution, the laws of the
  United States, and treaties made, or which shall
  be made, under their authority (federal question
  jurisdiction)
• all cases affecting ambassadors, other public
  ministers and consuls
• all cases of admiralty and maritime jurisdiction

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Jurisdiction (cont.)

• to controversies to which the United States
  shall be a party
• to controversies between two or more states
• between a state and citizens of another state
• between citizens of different states (diversity
  jurisdiction)
• between citizens of the same state claiming
  lands under grants of different states
• and between a state, or the citizens thereof,
  and foreign states, citizens or subjects

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Original vs. Appellate Jurisdiction

• The Supreme Court is given original (trial)
  jurisdiction in all cases affecting ambassadors,
  other public ministers and consuls, and those in
  which a state shall be a party.
• Marbury v. Madison
• Otherwise, the Supreme Court has appellate
  jurisdiction, subject to exceptions and
  regulations determined by Congress

8
Selection of Federal Judges

• All federal judges of Article III courts are
  appointed by the President with advice and
  consent of the Senate
• Senatorial courtesy applies!
• Judges serve on good behavior
• Senior judges
• May be impeached
• Rationale independent judiciary apply the law
  without regard to job security or political
  considerations

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Basic Structure of the Federal Courts

• Trial courts United States District Courts
• 94 federal judicial districts (large states such
  as NY, California, and Texas have multiple
  districts)
• All states (plus D.C., Puerto Rico, Virgin
  Islands, and Guam) have at least one USDC
• Each USDC also includes a bankruptcy court

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Basic Structure (cont.)

• Specialized trial courts
• Court of International Tradehears trade and
  customs cases (Article III court)
• U.S. Court of Federal Claimshears claims for
  money damages and various other claims against
  the United States
• Waiver of sovereign immunityFederal Tort Claims
  Act28 U.S.C. 1346

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Basic Structure (cont.)

• Appellate Courts U.S. Courts of Appeals
• 94 judicial districts are organized into 12
  regional circuits, each with a court of appeals
• Courts of Appeal hear appeals from USDC and from
  rulings by administrative agencies
• Montana is in the 9th Circuit Court of Appeals
• A 13th court, the U.S. Court of Appeals for the
  Federal Circuit, has nationwide jurisdiction to
  hear appeals from Court of International Trade
  and Court of Federal Claims
• Courts of Appeal usually hear cases in panels of
  3
• En Banc review by all judges

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Basic Structure (cont.)

• United States Supreme Court
• Chief Justice of the United States
• 8 associate justices
• Limited original jurisdiction
• Discretionary appellate jurisdiction
• Most cases reach the Supreme Court via
  applications for writ of certiorari
• Supreme Court cases usually involve important
  questions about the Constitution or federal law
• Conflicts between state and federal law, or among
  circuits
• Usually less than 150 cases per term

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Map of Circuit Boundaries
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Other Special Federal Courts

• Military courts
• Court of Veteran Appeals
• U.S. Tax Court
• Bankruptcy courts (judges appointed by courts of
  appeals)
• Article III (judicial courts) vs. Article I
  (legislative courts)
• Judges of Article I courts usually serve
  specified terms of office
• Judges of Article III courts serve on good
  behavior

15
Magistrates

• Magistrates are officers of individual district
  courts
• They are appointed by the judges of the district
  court (8 year terms)
• Magistrates can try cases with consent of
  litigants
• They often hear preliminary matters and handle
  discovery disputes

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Appeals

• A losing civil litigant is entitled to appeal to
  the Circuit Court of Appeals for the district in
  question
• A convicted criminal defendant also has a right
  to appeal
• If the government loses a criminal prosecution,
  there is no general right of appeal

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How Can Cases Reach the Supreme Court?

• The most common method is by application for writ
  of certiorari
• Law clerks play an important role!
• 4 yes votes required may later be vacated as
  improvidently granted
• A second method is by certified question, in
  which the court of appeals or a state supreme
  court asks the Supreme Court to decide a
  particular question of law (almost never used)
• Supreme Court can and occasionally does bypass
  the court of appeals (U.S. vs. Nixon)
• A final method is by right of appeallargely
  limited to congressional redistricting litigation
• Primer on Supreme Court procedures
  http//www.abanet.org/publiced/preview/scprimer.pd
  f

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Flowchart for Supreme Court Cases
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Assessment Questions

• What are the three primary levels within the
  federal court system?
• What are the two primary bases for federal court
  jurisdiction?
• How do Article I courts differ from Article III
  courts?
• Describe the process by which federal judges in
  Article III courts are selected.
• Identify three ways that cases can reach the
  United States Supreme Court.