Chapter 18 PPT - Ash Grove R

January 5, 2018 | Author: Anonymous | Category: Social Science, Political Science
Share Embed Donate

Short Description

Download Chapter 18 PPT - Ash Grove R...


American Government Chapter 18 Notes The Federal Court System

Section 1 

The National Judiciary

Creation of a National Judiciary Framers of Constitution created a national judiciary A Dual Court System

 

There are two separate court systems in the United States 

National Judiciary that has nearly 120 courts across the U.S. Each of the 50 States have their own court systems, which numbers in the thousands 

Most Cases heard in State Courts

Creation of a National Judiciary (Con’t) Two Kinds of Federal Courts

 

Constitution creates the Supreme Court and leaves Congress to create the inferior courts 

lower federal courts, those beneath the Supreme Court

Congress has created two distinct types of federal courts 

Constitutional Courts 

Courts of Appeals, District Courts, and U.S. Court of International Trade

Special Courts 

Hear cases arising out of some of the expressed powers to Congress

Federal Court Jurisdiction The Constitutional Courts hear most of the cases tried in the federal courts Those courts have jurisdiction over most federal cases

  

The authority of a court to hear a case

Subject Matter of the Case

  

Interpretation and application of Constitution, federal statute or treaty Admiralty law (On the seas)

Federal Court Jurisdiction (Con’t) The Parties Involved in the Case

   

United States or agencies Ambassador Interstate or foreign affairs

Ultimately though, if not heard by the federal courts, it is the jurisdiction of the state’s courts

Types of Jurisdiction Exclusive and Concurrent Jurisdiction

 

Exclusive Jurisdiction 

Concurrent Jurisdiction  

Cases that can be tried in either federal or state courts Any diverse citizenship case over $75,000

Plaintiff 

Those cases can be heard only in the federal courts

the person who files a suit

Defendant 

the person whom the complaint is against

Types of Jurisdiction (Con’t) Original and Appellate Jurisdiction

 

Original Jurisdiction 

Appellate Jurisdiction  

a court in which a case is first heard a court that hears a case on appeal from a lower court has the right to uphold, overrule, or modify the decision held by the lower court

Federal court system, district courts have only jurisdiction and courts of appeals have only appellate jurisdiction 

Supreme Court has both appellate and original jurisdiction

Appointment of Judges The President “Shall nominate, and by and with the Advice and Consent of the Senate, shall appoint… judges of the Supreme Court.” Article II, Section II, Clause 2

Including other federal judges who sit in the nations 94 district courts President tends to select judges on certain criteria’s:   

One suggested by Senator from that state Law specialist Agrees with their individual political party

Appointment of Judges (Con’t) Two types of federal judges

 

Judicial activist 

believe that a judge should use his or her position to promote desirable social ends

judicial restraint 

judges should defer to the actions of the executive and legislative branches, except in cases where actions are clearly unconstitutional

Terms and Pay of Judges Judges of the constitutional courts are appointed for life

 

Until they resign, retire, or die in office May be removed through impeachment

Special court judges are not appointed for life Congress sets the salaries of all federal judges

   

Can retire at age of 70 If served for at least 10 years, they get full salary for the rest of their lives

Court Officers Federal judges have little involvement in the day-to-day administrative operations

 

Usually done by clerks and reporters

Each of the 94 district courts have appointed magistrates that take care of legal matters

  

Warrants of arrest Set bail in federal criminal cases Etc.

Court Officers (Con’t) Each federal judicial district has at least one bankruptcy judge President and Senate appoint a U.S. attorney for each federal judicial district

   

Bring federal charges against individuals Also represent the U.S. in all civil actions brought against the government in their districts

Also appoint Marshalls

Section 2 

The Inferior Courts

The District Courts Federal Judicial Districts

 

There are 89 federal judicial districts, and 4 other courts in D.C. and provinces Each State forms at least one judicial district 

At least two judges per district

The District Courts (Con’t) District Court Jurisdiction

 

Have original jurisdiction over most cases that are heard in the federal courts They hear a wide range of both criminal cases and civil cases 

Criminal cases are ones in which a defendant is tried for committing some action that Congress has declared by law to be a federal crime Civil cases involves some noncriminal matter such as a dispute over the terms of a contract

The District Courts (Con’t) They hear a wide range of both criminal cases and civil cases (Con’t)

Only federal courts that regularly use grand juries to indict defendants 

Only a few are ever appealed to higher courts

The Courts of Appeal Established by Congress in 1891 in order to alleviate the docket of the Supreme Court

  

Its list of cases to be heard There are now currently 12 Judicial Courts

Appellate Court Judges

  

There are currently 179 circuit judges Supreme Court judge heads a court of appeals

The Courts of Appeal (Con’t) Appellate Court Jurisdiction

 

Only have appellate jurisdiction 

generally only from the district courts within their circuits

Other Constitutional Courts The Court of International Trade

  

Originally created in 1890 Contains 9 judges, with one as chief judge 

hears civil cases arising out of tariff and other traderelated laws

Other Constitutional Courts (Con’t) The Court of Appeals for the Federal Circuit

 

Created in 1982 for the Federal Circuit to speed up appeals in certain kinds of civil cases 

Has federal jurisdiction and deals with patents, trademarks, copyrights, etc.

Section 3 

The Supreme Court

Judicial Review Headed by the Chief Justice, and have the final authority in any case involving the laws of the United States The power to decide the constitutionality of an act of government, whether executive, legislative, or judicial Marbury V. Madison

 

John Adams packed the courts with federalist judges

Judicial Review (Con’t) Marshall ruled that the Judiciary Act of 1789 was void due to conflict with Constitution

  

Constitution is the Supreme Law of the Land All acts of Government are subordinate Enforce provision of Constitution

The Effects of Marbury

 

Laid foundations for the Judicial Branch

Supreme Court Jurisdiction Has both original and appellate jurisdiction

 

Most cases though come on appeal from lower federal and high state courts

How Cases Reach The Court Most cases appealed to the Supreme Court are not actually heard because of multiple reasons

 

Supreme Court agrees with lower courts decisions Less than four justices want to hear the case

Most cases reach Supreme Court by writ of certiorari

An order by a higher court directing a lower court to send up the record in a given case for review

How Cases Reach The Court (Con’t) Rarely cases reach the Supreme Court by certificate

Lower courts unsure of decision and ask Supreme Court to make the decision instead

How The Court Operates Operates from the first Monday in October to June or July Oral Arguments

  

Where the lawyers make their case to be heard by the Court


 

Detailed statements support one side of a case, which are filed with the court before oral arguments begin

How The Court Operates (Con’t) The Court In Conference

 

Headed by Chief Justice, Justice discuss their point of view on the case   

Discussed by seniority 1/3 of cases decisions are unanimous Most decisions are split decisions

How The Court Operates (Con’t) Opinions

 

The court’s opinion on a case is called a majority opinion 

Announces the court’s decision in a case and sets out the reasoning on which it is based The majority opinion stands as precedents 

Examples to be followed in similar cases as they arise in the lower courts or reach the Supreme Court

How The Court Operates (Con’t) 

Opinions (Con’t) 

One of the justices who agree with the Court’s decision may write a concurring opinion 

add or emphasize a point that was not made in the majority opinion

One or more dissenting opinions are often written by those justices who do not agree with the court’s majority decision

Section 4 

The Special Courts

The Court of Federal Claims No one can sue the United States unless they have gone through the Court of Federal Claims

Composed of 16 judges

If U.S. found in guilt, the individual can not be paid until Congress appropriates the money Can be appealed to the Court of Appeals for the Federal Circuit

The Territorial Courts 

Courts that work in Virgin Islands, Guam and the Northern Marianas

The District of Columbia Courts 

Constitution allows there to be courts setup in the District of Columbia

The Court of Appeals for the Armed Forces Congress has created a system of military courts for each branch of the nation’s armed forces Court Martial

   

Serve the special disciplinary needs of the armed forces and are not part of the federal court system All court personnel are military personnel

A court that has a civilian tribunal to deal with serious court-martial convictions

 

A court operating as part of the judicial branch, that is appointed by the President and Senate

Military Tribunals Used to try terrorist individuals captured throughout the world A special system of justice designed to meet the needs of national security and the continuing threat posed by alien terrorists here and abroad

President Obama has called for the closure of these military tribunals at Guantanamo Bay detention center

Done multiple times throughout U.S. history

The Court of Appeals for Veterans Claims 

Has power to hear appeals from the decisions of an administrative agency in the Department of Veterans Affairs

The United States Tax Court 

Hears cases involving disputes over the application of the tax laws Most cases generated by the Internal Revenue Service (IRS)

View more...


Copyright � 2017 NANOPDF Inc.