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The Federal Court System

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Federal Jurisdiction

+Jurisdiction of the Courts

Jurisdiction: the authority to hear certain cases

State courts have jurisdiction over cases involving state laws

Federal courts have jurisdiction over cases involving federal laws

Sometimes jurisdiction of state and federal courts can overlap

Federal courts hear cases that involve United States laws, treaties with foreign nations, and interpretations of the Constitution

Federal courts may hear cases involving bankruptcy and admiralty/maritime law

+Jurisdiction of the Courts

Federal courts also hear cases if certain parties/persons are involved: Ambassadors or other representatives of foreign

governments Two or more state governments United States government or one of its offices Citizens of different states A state and a citizen of a different state Citizens of the same state claiming lands under grants of

different states A state or its citizens and a foreign country or its citizens

+Jurisdiction of the Courts

Concurrent Jurisdiction: federal and state courts both have jurisdiction

Example: Case involving citizens of different states in a dispute concerning at least $50,000

A person may sue in federal or state court

The person being sued can insist on the case being tried in a federal court

+Jurisdiction of the Courts

Trial Court has original jurisdiction Trial Court – court in which a case is originally heard Original Jurisdiction – authority of a trial court to be first to

hear a case

Appellate Jurisdiction – authority held by a court to hear a case that is appealed from a lower court

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Types of Federal Law

+Types of Federal Law

Statutory Law – a law that is written down so that everyone might know and understand it

Common Law – law made by judges in the process of resolving individual cases

Constitutional Law – law that involves the interpretation and application of the U.S. Constitution and state constitutions

Maritime Law – body of laws, conventions, and treaties that governs international private business or other matters involving ships, shipping, or crimes occurring on open water

+Types of Federal Law

Administrative Law – law that spells out the authority, procedures, rules, and regulations to be followed by government agencies

Criminal Law – one that defines crimes and provides for their punishment

Civil Law – one relating to disputes among two or more individuals or between individuals and the government

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Constitutional Courts

+Constitutional Courts

Courts established by Congress under Article III of the U.S. Constitution

Courts: Federal District Courts Federal Courts of Appeals Supreme Court of the United States United States Court of International Trade

+Federal District Courts

Created in 1789 to serve as trial courts

U.S. currently has 94 district courts Each state has at least one Large states may have up to 4

Trial courts for both criminal and civil federal cases

Original jurisdiction

Federal statutory law, Constitutional law, an some cases between citizens of different states

Hear 80% of federal cases a year

+Federal District Courts

Two types of juries Grand Jury: 16-23 people; hears charges against someone

suspected of committing a crime; if the grand jury believes there is enough evidence to bring the person to trial, then the jury issues an indictment Indictment: formal accusation of charging a person with a

crime Petit Jury: 6-12 people; trial jury; weigh evidence presented

in a trial in a criminal or civil case Criminal Case: guilty or not guilty Civil Case: for the plaintiff or the defendant

+Federal Court of Appeals

Created in 1891 to ease the appeals workload of the Supreme Court

13 U.S. Courts of Appeals 12 judicial regions with 1 Court of Appeals per region 13th court: special appeals court with national jurisdiction

Panel of three judges sits on each appeal; in a very important case, all of the circuit judges may hear the case

Appellate jurisdiction

Appeals may come from district court decisions, U.S. Tax Court, and territorial courts; the courts can also hear appeals on rulings of regulatory agencies (examples: Federal Trade Commission, Federal Communications Commission, et cetera)

+Federal Court of Appeals

Three ways for an appellate court to rule: 1. Uphold original decision 2. Reverse the decision 3. Send the case back to the lower court to be tried again Unless appealed to the Supreme Court, the decision of the

appellate court is final

1982: Congress set up the United States Circuit Court of Appeals for the Federal Circuit Hears cases from federal claims court, Court of International

Trade, the United States Patent Office, and other executive agencies

Headquarters are in Washington, D.C. but it can sit in other parts of the country as needed

+Supreme Court of the United States

+Supreme Court of the United States

Top of the American legal system

Supreme Court is equal with Congress and the president

Last resort in all questions of federal law

Not required to hear all cases presented to it – chooses cases very carefully

Final authority in all cases involving the Constitution, acts of Congress, and treaties with other nations

Supreme Court hears many appeals from lower courts – Supreme Court decision is binding on all lower courts

+Supreme Court of the United States Original and appellate jurisdiction

Original jurisdiction: cases involving representatives of a foreign government and certain cases in which a state is a party

Congress may not expand or curtail the Court’s original jurisdiction

Less than 5 original jurisdiction cases per year (on average) go to the Supreme Court

Appellate jurisdiction: appealed from lower appellate courts, federal district courts where an act of Congress is held unconstitutional, and cases appealed from the highest court of a state if claims under federal law or the Constitution are involved

+Supreme Court of the United States

9 justices

1 Chief Justice and 8 Associate Justices

Congress sets the number of judges and has the power to change it

Supreme Court is located in Washington, D.C.

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Legislative Courts

+Legislative Courts

Congress creates legislative courts under Article I of the Constitution

Legislative courts help Congress exercise its power

Examples: Congress has power to tax United States Tax Court Congress has power to regulate armed forces Court of

Military Appeals Congress has duty to govern overseas territories (Guam,

U.S. Virgin Islands, et cetera) Territorial Courts Congress supervises Washington, D.C. court system for

nation’s capital

+Legislative Courts

Court of International Trade: resolves trade disputes by interpreting and applying customs and international trade laws; original jurisdiction

U.S. Federal Claims Court: handles claims against the United States for money damages; original jurisdiction

United States Tax Court: trial court hearing cases related to federal taxes; people who disagree with decisions of the IRS or other Treasury Department agencies take cases here

U.S. Court of Appeals for the Armed Forces: appellate jurisdiction; highest appeals court for the armed forces; hears cases of members of the armed forces convicted of breaking military law; “GI Supreme Court” decisions can be reviewed by U.S. Supreme Court

+Legislative Courts

Territorial Courts: system of courts in the territories of the U.S. Virgin Islands, Guam, Puerto Rico, and Northern Mariana Islands; similar to district courts in function, operation, and jurisdiction; handle civil and criminal cases AND Constitutional cases

Court of the District of Columbia: federal district court and court of appeals; various local courts handle civil and criminal cases; created by Congress because Washington, D.C. is a federal district not a state

Court of Veterans’ Affairs: handles cases for unsettled claims rom veterans (usually dealing with claims for benefits)

+Selection of Federal Judges

+Selection of Federal Judges

Article II, Section 2 of the Constitution gives the president the power to appoint federal judges

Senate must confirm all federal appointments

No qualifications listed in Constitution

Life term – allows the judge to be free from political or public pressure

+Presidential Appointment

Party Affiliation: judges are not supposed to affiliate with any political party outwardly; however, presidents look for judges who are members of their own party

Judicial Philosophy: presidents try to appoint judges who will share their point of view; due to a life term, the president may end up influencing court decisions for a long time after he/she leaves office

+Senate Confirmation

Senatorial Courtesy: president submits the name of a trial court judge to the senators from the candidate’s state before formally submitting the name to the entire Senate for approval; if either senator opposes the candidate, the president usually withdraws the name and finds a new candidate Only for district and other trial courts; U.S. Court of Appeals

crosses multiple states and the Supreme Court is a national court

Confirmation Hearing and Vote: Senate committee questions the nominee before making a recommendation; majority vote

+Terms of Office

Life term

Chief Justice: $255,500/year

Associate Justices: $244,400/year

Congress sets the salaries and may not reduce them