The Federal Court System

1. The Federal Court System Chapter 18

2. Court Systems • The federal court system is made up of the Supreme Court and the lower federal courts. • Federal courts get their powers from the Constitution and federal laws. • All 50 states also have their own state court systems. Their powers come from their state constitutions and state laws.

3. Jurisdiction of the Courts • The authority of the courts to hear certain cases is called jurisdiction. • The U.S. has a dual court system. • State courts have jurisdiction over cases involving state laws. • Federal courts have jurisdiction over cases involving federal laws, treaties w/ other countries, constitutional interpretation, bankruptcy, and maritime law.

4. Jurisdiction of the Courts • Sometimes powers of the state and federal courts overlap. • Federal Courts hear cases that involve: 1. Ambassadors and representatives of foreign governments 2. Two or more state governments 3. The U.S. government or one of its offices or agencies 4. Citizens of different states 5. A state and a citizen of another state 6. Citizens of the same state claiming lands under grants of different states 7. A state or its citizens and a foreign country or its citizens

5. Jurisdiction of the Courts • In some cases both the federal and state courts both have jurisdiction, this is called concurrent jurisdiction. • The court in which a case is originally tried is a trial court. It has original jurisdiction. • District courts and several other lower courts have only original jurisdiction.

6. Jurisdiction of the Courts • A person who loses their case in trial court may wish to appeal a decision. Then he or she can take the case to a court with appellate jurisdiction. • The federal court system has courts of appeals with appellate jurisdiction. • If the party loses in the court of appeals, he or she may appeal the case to the Supreme Court. • The Supreme Court has original and appellate jurisdiction.

7. Constitutional Courts • Congress created constitutional courts under Article III of the Constitution. Sometimes referred to as Inferior Courts. • These courts include: • Federal District Courts • Federal Courts of Appeals • The Court of International Trade

8. Federal District Courts • Created in 1789 by Congress to serve as trial courts. • Currently there are 94 district courts • Hear cases involving federal laws, both criminal and civil • The following appointed officials provide support services for district courts: • A U.S. attorney • A U.S. magistrate • A U. S. Marshal • A clerk

9. Federal Courts of Appeals • A person who loses a case in a lower court may appeal to the federal court of appeals. • The U.S. is divided into 12 judicial circuits or regions with 1 appellate court in each circuit. • Have only appellate jurisdiction • Most appeals come as a result of rulings from the district courts, the U.S. Tax Court, and various territorial courts. • The courts may: Uphold the decision, reverse the decision, or send the case back to the lower court to be tries again

10. The Court of International Trade • Has jurisdiction over cases dealing with tariffs

11. Legislative Courts • These courts help Congress use its powers. • Legislative Courts include: • U.S. Tax Court-hears cases related to federal taxes • U.S. Court of Appeals for the Armed Forces-hears cases of military members who are accused of breaking military law • Territorial Courts-similar to district courts, hear civil and criminal cases along with constitutional cases • Courts of Veterans' Appeals-handles cases arising from veterans’ benefits • Court of Federal Claims-handles claims against the U.S. for monetary damages; redress

12. Selection of Federal Judges • President nominates federal judges and the Senate confirms them. The judges serve for life. • Presidents prefer judges from their same political party and those who share their point of view on major issues. Presidents look at this as a way to shape policy even after they leave the presidency. • The President practices senatorial courtesy when nominating a judge.

13. Supreme Court • Has original and appellate jurisdiction • Has original jurisdiction in cases involving representatives of foreign countries and cases in which a state is a party • Only about 5 cases a year are original jurisdiction cases

14. Supreme Court • Most cases fall under the SC’ s appellate jurisdiction • The SC hears cases: • Appealed from a lower court of appeals • Cases from federal district court where an act of Congress was held unconstitutional • Cases appealed from the highest court of a state • Has the final power of judicial review

15. Supreme Court • 8 associate justices and 1 chief justice • Number is set at 9, but Congress has the power to change the number • Congress has the power to impeach a justice, but has never removed a justice due to impeachment.

16. Supreme Court • Terms begin on the first Monday in October and run throughout the year with periodic recesses • Thousands of cases are appealed to the supreme court each year. The SC only rules on about 80 to 100 per year. • The rule of four is that four SC justices have to agree before a case can be heard in the Court.

17. Supreme Court • Writ of certiorari: This is an order from the SC to a lower court to send the records of a case for review. Either side in a civil case can petition the SC for a “cert.” If requests are denied, the lower court’s decision stands. This is the main route to the SC. • Certain cases reach the SC on appeal from a lower court.

18. Supreme Court Process • Submitting Briefs • Oral Arguments • The Conference • Writing the Opinion: • A unanimous opinion is where all justices vote the same • A majority opinion expressed the views of the majority of the justices on a case. • A concurring opinion is written by justices who agree with the majority’s conclusion, but for different reasons. • A dissenting opinion is the opinion of the justices who do not agree with the SC’s decision on the case.