The Federal Court System

Creation of a National Judiciary

US law code derived from historical examples Hammurabi’s Law Code, Ten Commandments and English

Common Law

Remember that under the AOC there was no national judiciary—laws interpreted and applied as the states saw fit

Founding Fathers used Article III to create a national judiciary

In 1789, Congress passed the Judiciary Act which created lower court which feeds into the SCOTUS

Types of LawProcedural Law

- controls the procedure followed by courts and parties to legal cases

Substantive Law- what people think is law - defines legally enforceable rights and duties, and what wrongful acts amount to violations of those rights and duties- ex) criminal law, tort law, contract law

Creation of a National Judiciary

Jurisdiction: authority to hear a case based on location of crime

At both the federal and state level a three-tiered system exists

Most cases start in a “lower court” Federal=District Court; State=Superior Court

If the loser decides to appeal, the case moves to the “appeals” or “appellate” court Federal and State=Court of Appeals

The final step, or the “court of last resort” Federal=SCOTUS; State=State Supreme Court

Court of Appeals

13 U.S. courts of appeals 1 appellate court in each region 13th is a special national court Usually a panel of three judges hears cases Can uphold a case, reverse it, or send it back to lower

courts

Appellate Jurisdiction: court’s authority to hear a case appealed from a lower court

Foreign Intelligence Surveillance Court For wiretaps and other spy related cases

U.S. District Courts

• All federal trials begin in the district courts because they have original jurisdiction

• original jurisdiction: authority to hear a case the first time

• Each state has at least one district court

• District courts are the only federal courts in which witnesses testify and juries hear & decide cases

Important Judicial Branch Officials

Definition Appointed

Supreme Court Justice Serves on Supreme Court for life or until he/she retires

Appointed by President and confirmed by Senate

US Marshal Make arrests, collect fines, protect jurors, serve papers, etc

Appointed by President and confirmed by Senate

US Attorneys Represent US government in civil cases

Appointed by President and confirmed by Senate

Magistrate handles routine work like search warrants

Appointed by President and confirmed by Senate

Attorney General to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned

Appointed by President and confirmed by Senate

Prosecutor Conducts trial for plaintiffs in a court case

Usually elected by the public

Defense Attorney Conducts trial for those accused of crimes

Paid by defendant