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CHAPTER 18

The Federal Court System

Creation

Article III• Supreme Court

• Congress may create inferior courts

Dual Courts• Federal

• State

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Constitutional Courts

Jurisdiction - authority to hear a case

• Two reasons cases will be heard in federal courts

• Subject matter

• deals with Constitution, federal law, or treaty

• question of admiralty or maritime law

• Parties Involved

• U.S. officials or agencies

• ambassador, consul or other representative of a foreign government

• States suing another State, citizen of another State, or foreign government or one of its citizens

• citizen of one State suing citizen of another State

• U.S. citizen suing foreign government or a citizen thereof

• 2 citizens suing under land grants from 2 different States

Types of Jurisdiction

Exclusive• only in federal court

Concurrent• Federal or State court

Original• hear case first

Appellate• hear cases on appeal

Judges

Selection• appointed by the President and approved

by the Senate

Term• Constitutional court judges are appointed

for life• May only be removed by impeachment

• Legislative court judges have terms of varying lengths

Court Officers Clerk

• holds seal; keeps record of proceedings U. S. Magistrates

• issues warrants, decides to send to grand jury, set bail, can try minor offense cases.

Bankruptcy Judge• at least 1 per district

U.S. Attorney• 1 per district - prosecute cases -- 4 yr. term

U.S. Marshal • 1 per district - like sheriff - 4 yr. term

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Section 2

The Inferior Courts

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I. Describe the structure and jurisdiction of the federal district courts.

A. Federal Judicial Districts• 1) Each State forms at least one judicial

district.

• 2) There are 94 federal judicial districts.

• 3) Assigned territory is based on state boundaries.

B. District Court Jurisdiction• 1) Criminal Cases -

• A defendant is tried for committing some action that Congress has declared by law to be a federal crime.

• 2) Civil Cases-

• Involves some non-criminal matter.

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II. Describe the structure and jurisdiction of the federal courts of appeals.

A. The Court of Appeals – “Circuit Courts”

B. Docket – list of cases to be heard.

C. Created to relieve the Supreme Court of the burden of hearing most appeals.

D. Appellate Court Jurisdiction – only has appellate jurisdiction.

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III. Describe the structure and jurisdiction of the two other constitutional courts.

A. The Court of International Trade• 1) Hears civil cases relating to trade and tariffs.

B. The Court of Appeals for the Federal Circuit

• 1) Created in 1982

• 2) Hears appeals in federal cases from across the

country.

• 3) Has nationwide jurisdiction.

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Section 2

The End of Section 2

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Section 3

The Supreme Court

Judicial Review

Supreme Court is the final authority on on the meaning of the Constitution

Established in Marbury v. Madison, 1803 Court also interprets federal laws and acts as

umpire between the States and the Federal government

How Cases get to the Court

Rule of 4 Writ of Certiorari

• Order for lower court to send up record

Certificate• Lower court

asks for SC to certify answer to a question

Work of the Court

Court sits from first Monday in October to June or July

Oral Arguments Briefs Solicitor General Conference

Decisions of the Court

Unanimous Decision Split Decision

• Majority

• Dissenting

• Concurring Importance of Opinions

• Precedents

• Clarify ruling for lower courts that will make rulings in the future

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Section 3

The End of Section 3

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Section 4

The Special Courts

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I. Explain how a citizen may sue the government in the Court of Federal Claims.

A. Redress• 1) Satisfaction of a claim (payment $$

$)

B. The United States Government can be sued only if it consents to be sued.

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II. Examine the roles of the territorial courts and of the District of Columbia courts.

A. Virgin Islands, Guam, and the Northern Marians.

B. Territorial courts are comparable to local courts.

C. District of Columbia• 1) Has a District Court and a Court of Appeals

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III. Contrast the functions of the Court of Appeals for the Armed Forces and the Court of Appeals for Veterans Claims.

A. Court Martial• A court consisting of military officers who try cases of violations

of military law by members of the armed services.

B. Civilian Tribunal• A court operating as part of the judicial branch, entirely

separate from the military.

C. The Court of Appeals for Veterans Claims• Hears cases in which individuals claim that the Veterans Affairs

(VA) has denied or otherwise mishandled valid claims for veterans’ benefits.

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IV. Explain what types of cases are brought to the Tax Court.

A. The Tax Court only hears civil tax cases.

B. Cases are generated by the IRS.

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End of Chapter 18