Chapter 18 PPT - Ash Grove R
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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
Briefs
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)
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