Transcript The Federal Court System

The Federal Court
System
Chapter 18
Section 1:
The National Judiciary
The Creation of a National
Judiciary
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Articles of Confederation
no national courts
 no national judiciary
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Unable to settle disputes between states
Federal court system was established by Article III of
the Constitution
Federalist Papers#22
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Hamilton wrote of the need for a National Judiciary
Article III – Judicial Branch
Framers felt a need for a National
Judiciary
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Inferior Federal Courts
 Lower courts, those beneath the US Supreme Ct
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Dual Court System
 Federal court system – deals with federal law
 State court system – deals with state law
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Two kinds of Federal Courts
 Constitutional Courts
 Special Courts
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Review the charts on the top of page 507
The Federal District Courts
Jurisdiction in the Federal
Courts
Federal Courts
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Cases - interpretation and application of the
constitution – more common
 Any federal statute or treaty
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Cases that arise on the high seas(navigable
waters of the United States)
Who is involved in the case?
 United States or one of its officers or agencies
 One state suing another state
 One citizen of a state suing a resident of another
state
Vocabulary
Jurisdiction – the authority of a court to
try and decide a case
Exclusive jurisdiction – cases only heard
in a federal court
Concurrent jurisdiction – state and
federal courts share the power to hear
the case
Original jurisdiction – where the case is
first heard
Appellate jurisdiction – hears an appeal
from a lower court
Vocabulary
Plaintiff – the person who brings forth a
case, or complaint
Defendant – the person who the
complaint is brought against
Appointments of Judges
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Federal judges nominated by the President
 confirmed by the Senate
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Philosophy of government
Loose Constructionist/Strict Constructionist
Terms and Pay of Judges
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Most federal judges are appointed for life
Impeachment process only way to remove them
from office
Court Officers – Federal Level
In each Federal Judicial District
US Magistrates – issue warrants, often hear
evidence, set bail for federal charges
US Attorney – federal government
prosecutors, they work closely with the FBI
and other federal agencies
US Marshals – duties include make arrests,
hold accused persons in custody, serve legal
papers, execute federal court orders and
decisions
US Attorneys and US Marshals are appointed
to four year terms
Section 2:
The Inferior Courts
The District Courts
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632 District judges
 hear 80 percent of the federal caseload
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Each State
 forms at least one judicial district
 two judges are assigned to each district
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District courts have original jurisdiction over
most of the cases heard in the federal courts
 hear both civil and criminal cases
 use both grand and petit juries
The Courts of Appeals
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created in 1891 as “gatekeepers” to the Supreme Court
12 courts of appeals and 179 circuit judges
Appellate courts are regional
 hear appeals from courts within their circuits
 appeals from
  United States Tax Court, the territorial courts, and from the decisions of federal
regulatory commissions
Two Other Constitutional Courts
 The Court of International Trade
 nine judges
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hear civil cases arising out of the tariff and other trade-related laws.
 Appeals from the Trade Court go to the Court of Appeals for the
Federal Circuit
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The Court of Appeals for the Federal Circuit has 12
judges.
 centralize the appeals process in certain types of federal cases
and in cases from certain lower and special courts
The Supreme Court
Judicial Review
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the power to decide on the constitutionality
of an act of government
established in the case of Marbury v.
Madison, 1803
United States Supreme Court
 the final authority on constitutionality of an
issue
 the arbiter of disputes
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between States
between States and the Federal Government
Article III – Judiciary Branch
US Supreme Court is the only court
created by the constitution
Required by Article III to be established
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Number of Justices to be established by
Congress
Judiciary Act of 1789 – established all
lower federal courts (inferior courts)
Jurisdiction
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Supreme Court
 both original and appellate jurisdiction
 primarily appellate jurisdiction
How Cases Reach the Court
Convene on the first Monday in October
Decisions are rendered mid spring – early
summer
8,000 cases brought before the court, less
than 100 will be heard
“rule of four” – at least four judges must
agree that the court should hear a case
remand - Case is sent back to a lower
court
writ of certiorari
an order to a lower court to send up the
record in a given case
writ of mandamus
a court order telling a government
official to perform his duties
certificate
 request a ruling on a particular point of law
The Supreme Court at Work
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Oral Arguments
 lawyers speak to the justices, emphasizing the major points
they made in their written briefs
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Briefs
 written documents supporting one side of a case
 submitted before oral arguments are heard
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Solicitor
 represents the United States before the Supreme Court in all
cases to which it is a part
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The Conference
 justices meet in secret session to discuss in depth and vote on
the cases they have heard
Opinions of the Court
Majority Opinion – Officially called the opinion
of the court, explains the decision of the
court
Dissenting Opinion – Opinion that does not
agree with the majority decision
Concurring Opinion – Agrees with the
majority, however, it adds or emphasis a
point not made by the majority
Chief Justice assigns who will write the
opinion
Precedent – Majority opinions on cases, they
are examples to be followed
Section 4:
The Special Courts
Special courts are sometimes called legislative courts and
their job is to hear cases that arise from the exercise by
Congress of certain of its expressed powers.
Other courts established by Congress in the exercise of its
expressed powers are:
1. the U. S. Federal Claims Court;
2. the courts of the District of Columbia;
3. a Court of Appeals for the Armed Forces;
4. a U. S. Tax Court;
5. the territorial;
6. the Court of Veterans Appeals.
Chapter 18 Jigsaw Quiz
1. The Creation of a National Judiciary (461 – 462)
Appointments of Judges (465)
2. Jurisdiction in the Federal Courts (462 – 464)
Court officers (466)
3. Terms and Pay of Judges (465 – 466)
Jurisdiction (473 – 474)
4. Judicial Review (471 – 473)
5. How Cases Reach the Court (474 – 475)
The Supreme Court at Work (475 – 476)
Assignment
Groups of 5 members
a.
Step 1 – 12 minute
i.
Each group member will be assigned a section of the chapter to read
1. Take notes on at least 8 - 10 key facts regarding your section
2. Become the expert on this section
3. 12 minutes
c.
Step 2 – 15 minutes
1.
a.
2.
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d.
Each member will be given 3 minutes to explain in as much detail their section
You are the expert of this section (teach your group about your section)
Explain the key points of the section from your notes
Step 3 – Quiz
i.
Each group will take a group quiz
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1.
Sections experts should answer the appropriate questions
2.
If there is a dispute between answers, groups should discuss the question in order to obtain the correct answer
a.
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Rely on the expert of that section
Process:
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A.
A.
Get into groups (30 seconds)
Begin working on Step 1 – 12 minutes
8 – 10 key facts (Dates, names, events, anything you believe is important)
Begin working on Step 1 – 15 minutes
everyone stand, grab your materials and proceed to move back to your original group
Step 3 Take Quiz