Transcript The Federal Court System

The Federal Court System
Chapter 18
• Under Articles of Confederation, no national
Court System
• Disputes between citizens of different States
were decided in one of the States
What problems could potentially arise from this?
• Court decisions from one State were frequently
ignored by other States
• No way to interpret National Laws consistently
Article III, Section 1
“The Judicial Power of the United States shall
be vested in one Supreme Court, and in such
inferior Courts as the Congress may from time
to time ordain and establish.”
National Judiciary
• Dual court system
– National court system
– Individual State court systems
• Two kinds of federal courts
– Inferior courts (constitutional courts)
– Special courts
Types of Federal Courts
• Article III Courts
– 94 District Courts
– 12 U.S. Courts of Appeals
– U.S. Court of Appeals for
the Federal Circuit
– U.S. Court of
International Trade
• Article I Courts
– U.S. Court of Appeals for
the Armed Services
– U.S. Court of Appeals for
Veterans Claims
– U.S. Court of Federal
Claims
– U.S. Tax Court
– Territorial Courts
– Courts of the District of
Columbia
Federal Court Jurisdiction
• Jurisdiction
– Authority of a court to hear or decide a case
• Subject Matter
• Parties involved
Federal Court Jurisdiction
• Subject Matter
– The interpretation of a provision of the Constitution or any
federal statute or treaty
– Involves an event that took place on the high seas or
navigable U.S. waters
• Parties involved
– The United States or one of its officers or agencies
– An ambassador or other rep. from a foreign gov’t
– One of the 50 states is suing another state, a resident of
another state, a foreign gov’t or one of its subjects
– A citizen from one state suing someone from a different
state
– U.S. citizen suing a foreign gov’t or one of its subjects
– a citizen suing another citizen from the same state where
both claim land under grants from different states
Types of Jurisdiction
• Exclusive jurisdiction
• Concurrent jurisdiction
• Original jurisdiction
• Appellate jurisdiction
Appointment of Judges
President nominates and Senate confirms
What type of experience do you think judges have before
taking the bench?
• Attorneys, legal scholars and law professors, former
members of Congress, judges from State courts
What qualities and characteristics do Presidents look for
in judges?
• Presidents frequently choose judges with views similar
to theirs
Terms of Judges
How long do judges on the constitutional courts
serve?
• Life – “in good behavior” - until they are either
removed or resign, retire or die in office
• Judges on most of the special courts serve for 15
years
Pay and Benefits
Pay
Retirement
• Receive full salary after retirement
• Age + years of service = 80
• Must be at least 65 and served 15 years
• If 70 years old, must have served 10 years
Other Court Officers
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Clerk
Deputy Clerks
Bailiffs
Court Reporters
Stenographers
Probation Officers
U.S. marshals
• Magistrates
– Warrants
– Hear evidence
– Set bail
– Try minor cases
• U.S. attorneys
– Try those accused of
crimes
– Defend U.S. in suits
brought against it
Inferior Courts
• The 94 District courts are the federal trial
courts
• First inferior courts created by Congress in
Judiciary Act of 1789
• Hear both criminal and civil cases
District Courts
• Criminal case – defendant is tried for committing
some action that Congress has declared by law to be
a federal crime
– Bank robbery, mail fraud, counterfeiting, tax evasion
• Civil case – noncriminal matter, such as a dispute
over the terms of a contract or a claim of patent
infringement
– Bankruptcy, labor, public lands, civil rights
Courts of Appeals
• Established in 1891 to ease burden on SCOTUS
• Only appeal cases from lower courts
• Most come from district courts
– can appeal Tax Court and territorial courts
– Also, FTC, National Labor Relations Board, Nuclear
Regulatory Commission