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The Federal Court System
Chapter 18
Section 1:The National Judiciary
The Creation of a National Judiciary
Articles of Confederation no national courts no national judiciary
Unable to settle disputes between states Federal court system was established by Article
III of the Constitution Federalist Papers#22
Hamilton wrote of the need for a National Judiciary
Article III – Judicial BranchFramers felt a need for a National Judiciary
Inferior Federal Courts Lower courts, those beneath the US Supreme
Ct Dual Court System
Federal court system – deals with federal law State court system – deals with state law
Two kinds of Federal Courts Constitutional Courts Special Courts
Review the charts on the top of page 507
The Federal District Courts
Jurisdiction in the Federal Courts
Federal Courts Cases - interpretation and application of
the constitution – more common Any federal statute or treaty
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 caseExclusive jurisdiction – cases only heard in a federal courtConcurrent jurisdiction – state and federal courts share the power to hear the caseOriginal jurisdiction – where the case is first heardAppellate 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 Federal judges nominated by the
President confirmed by the Senate
Philosophy of government Loose Constructionist/Strict
Constructionist
Terms and Pay of Judges 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 chargesUS Attorney – federal government prosecutors, they work closely with the FBI and other federal agenciesUS Marshals – duties include make arrests, hold accused persons in custody, serve legal papers, execute federal court orders and decisionsUS Attorneys and US Marshals are appointed to four year terms
Section 2: The Inferior Courts
The District Courts 632 District judges
hear 80 percent of the federal caseload Each State
forms at least one judicial district two judges are assigned to each district
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 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 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
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 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
between States between States and the Federal Government
Article III – Judiciary Branch
US Supreme Court is the only court created by the constitutionRequired by Article III to be established Number of Justices to be established
by Congress
Judiciary Act of 1789 – established all lower federal courts (inferior courts)
Jurisdiction Supreme Court
both original and appellate jurisdiction primarily appellate jurisdiction
How Cases Reach the CourtConvene on the first Monday in OctoberDecisions are rendered mid spring – early summer8,000 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 caseremand - 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 casewrit of mandamusa court order telling a government official to perform his dutiescertificate
request a ruling on a particular point of law
The Supreme Court at Work Oral Arguments
lawyers speak to the justices, emphasizing the major points they made in their written briefs
Briefs written documents supporting one side of a case submitted before oral arguments are heard
Solicitor represents the United States before the Supreme Court
in all cases to which it is a part
The Conference justices meet in secret session to discuss in depth and
vote on the cases they have heard
Opinions of the CourtMajority Opinion – Officially called the opinion of the court, explains the decision of the courtDissenting Opinion – Opinion that does not agree with the majority decisionConcurring Opinion – Agrees with the majority, however, it adds or emphasis a point not made by the majorityChief Justice assigns who will write the opinionPrecedent – 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)
AssignmentGroups 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 section2. Become the expert on this section3. 12 minutes
c. Step 2 – 15 minutes 1. Each member will be given 3 minutes to explain in as much detail their section a. You are the expert of this section (teach your group about your section) 2. Explain the key points of the section from your notes
d. Step 3 – Quizi. Each group will take a group quiz
1. Sections experts should answer the appropriate questions a. Rely on the expert of that section
2. If there is a dispute between answers, groups should discuss the question in order to obtain the correct answer
Process:a. Get into groups (30 seconds) d. Begin working on Step 1 – 12 minutes
d. 8 – 10 key facts (Dates, names, events, anything you believe is important) Begin working on Step 1 – 15 minutes
n everyone stand, grab your materials and proceed to move back to your original group
Step 3 Take Quiz