A Look at the Federal Courts

1
A Look at the Federal Courts

• Judicial Branch
• Article III

2
The National Judiciary

• Creation of federal court system
• Established by Article III of the Constitution
• 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 establish
• The US Supreme Court was established by the
  Constitution therefore cannot be abolished by
  Congress

3
National Judiciary

• There are two separate court systems in the U.S.
• National judiciary
• State judiciary
• Where are most cases heard?
• What types of cases does each hear?

4
Two Types of Federal Courts

• Constitutional Courts (Article III)
• Which courts are these?
• Special or Legislative Courts (Article I)
• Created by Congress
• Hear only a limited range of specialized cases

5
Jurisdiction of Federal Courts

• What is jurisdiction?
• Some federal courts have exclusive jurisdiction
  (meaning those cases can only be heard in the
  federal courts)
• Examples
• Cases dealing with interpretation and application
  of a provision of the Constitution or of any
  federal statute of treaty
• Cases that arise on the high seas, or navigable
  waters of the United States

6
Jurisdiction of Federal Courts

• All cases that DO NOT fall under federal
  jurisdiction are within the jurisdiction of the
  State Courts
• Is it really that cut and dry?
• NO! The most common kind of jurisdiction is
  concurrent jurisdiction
• What is concurrent jurisdiction?

7
Categories of Concurrent Jurisdiction

• Common Law Based on the legal concept of stare
  decisis, or judicial precedent. Judge made Law
• Cases of Equity Judges asked to issue
  injunctions or award damages against an
  individual
• Statutory Law
• Civil Law
• Criminal Law
• Public Law

8
Original or Appellate?

• Original Jurisdiction
• What is original jurisdiction?
• Who has original jurisdiction over a case?
• Appellate Jurisdiction
• What is appellate jurisdiction?
• What is the job of an appellate court?

9
Judicial Appointments

• Federal Judges are nominated by the President
  confirmed by Senate.
• Federal judges CANNOT be removed from office at
  the Presidents discretion
• Federal Judge can only be removed by impeachment!
• Characteristics of Presidents nominations
• Same political party (90 of the time)
• Similar Ideology
• After a person is nominated what happens?

10
Court Officers

• Each district court has many officials who assist
  the federal judge.
• Clerks, bailiffs, stenographers, magistrates,
  bankruptcy judges, US attorneys (hmm), federal
  marshals.
• Federal marshals carry out duties similar to
  those handled by country sheriff.
• Arrests, serve legal papers, execute court orders
  and decisions, etc.

11
US District Courts

• There are ninety federal district courts in the
  United States
• Each state forms at least one judicial district
• Two judges are assigned to each district
• District Courts have original jurisdiction over
  most cases heard in the federal court
• Hear both civil and criminal cases
• Use both grand and petit juries (unlike circuit
  courts)

12
US Court of Appeals

• Court of Appeals created in 1891 as gatekeepers
  to the Supreme Court
• Also known as circuit courts
• NO original jurisdiction
• There are thirteen appellate courts
• Regional, and usually hear appeals from courts
  within the circuits
• Hear appeals from both district courts and
  decisions of several regulatory agencies
• Cases usually heard by a panel of three judges

13
Other Constitutional Courts

• International Trade Court
• Nine judges hear only civil cases arising out of
  the tariff and other trade-related laws
• Court of Appeals for the Federal Circuit
• Twelve judges
• Set up in 1982 to centralize the appeals process
  in certain types of federal cases and in cases
  from lower and special courts

14
US Supreme Court

• Judicial Review
• What is judicial review?
• What case established judicial review?
• Judicial Review gives Supreme Court great power
  as the ultimate authority on constitutionality,
  and as the arbiter of disputes between states and
  between states and the federal government
• Jurisdiction
• Has both original and appellate jurisdiction.
• What types of cases does the Supreme Court have
  original jurisdiction over? Why?

15
How Cases Reach the Court

• Today, the Supreme Court has almost complete
  control over its own caseload
• At least FOUR judges must agree that the Court
  should hear a case before the case is selected
  for the Courts docket. (Rule of Four)
• Most cases reach the Court by writ of certiorari.
  Appeal is heard on basis of five criteria
• If a court has made a decision that conflicts
  with precedent
• If a court has come up with a new question
• If one court of appeals has made a decision that
  conflicts with another
• If there are other inconsistencies between courts
  of different states
• If there is a split decision in the courts of
  appeals

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How Cases Reach the Supreme Court

• If a writ is granted, the lower court sends a
  transcript of the case to the Supreme Court.
• If the writ is denied, the decision of the lower
  court stands.
• Some cases are sent to the Supreme Court by
  certificate.
• What does this mean?
• How often is this used?

17
Supreme Court at Work

• Oral Arguments
• Lawyers address the justices, emphasizing the
  major points of law they made in their written
  briefs. (Each lawyer gets 30 minutes)
• Briefs
• Written documents supporting one side of a case,
  are submitted before oral arguments are heard
• The Court may give permission for the filing of
  amicus curiae briefs (interest groups)
• Solicitor General
• Represents the US before the Supreme Court in all
  cases to which it is party
• The Conference
• Justices meet in a secret session to discuss in
  depth and vote on the cases they have heard
• Opinions
• Majority of justices write the Opinions of the
  Court (majority opinion). Other write concurring
  and dissenting opinions all may have influence
  on subsequent rulings
• You need to know the difference b/w concurring
  dissenting opinions

18
Judicial Philosophies

• Judicial Activism
• Believes the the Court should play active role in
  making public policy
• Most activist court in US history was Warren
  Court
• Why?
• Judicial Restraint
• Believes that making policy should be left to
  Congress
• Judicial precedent is guiding light (Status
  Quo)
• The most conservative court was the Rehnquist
  Court
• Why?

19
Special Courts

• Special courts are known as legislative courts,
  or Article I courts
• Since they are not established under Article III,
  they do not exercise the broad judicial power of
  the United States
• Includes
• United States Claims Court
• Territorial Courts
• Courts of the District of Columbia
• Court of Military Appeals.
• Court of Veteran Appeals
• US Tax Court

20
US Claims Court

• The US cannot be sued by anyone, in any court,
  for any reason without its consent
• The claims court hears cases from all over the
  country in which there are claims for damages
  against the federal government
• Originally, before 1855, a person with a claim
  against the US could secure redress only by an
  act of Congress

21
Territorial Courts

• Under the Constitution, Congress created courts
  for the nations territories
• At the current time there are three courts
• Virgin Islands
• Guam
• Northern Marianas
• These courts operate much like local (state)
  trial courts

22
Courts of D.C. and Court of Military Appeals

• D.C has its own system of courts, which was
  established by Congress
• Court of Military Appeals
• There are three judges appointed to this court
• Civilians, appointed to 15 year term
• Requires approval of Senate
• Hears appeals from serious court-martial
  convictions
• Its decisions may be, but rarely are, appealed
  to Supreme Court

23
Court of Veterans Appeals

• The seven judges of he Court of Veteran Appeals
  are appointed by the President for 15 year terms,
  with consent of the Senate
• They hear appeals from veterans who claim that
  the VA had mishandled their case
• Appeals from here go to the Court of Appeals for
  the Federal Circuit

24
US Tax Court

• There are nineteen judges of the tax court
• Appointed by President for 12 year term
• Established in 1969
• Hears only civil cases involving disputes over
  the application of tax laws