The Federal Court

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Chapter 18

• The Federal Court

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Warm Up 12-8-06

• Imagine there is an argument over a tree between
  yourself and a neighbor. Who does the tree
  belong to? What is the best way to settle this
  dispute?

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Purpose

• The Framers developed a national court system to
  deal with issues they new were inevitable between
  its citizens

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Where did the courts come from

• Article III Sec. I of the constitution
  establishes a Supreme court and inferior courts.
• We have a two court systema federal (100) and
  then individual state courts in the 1000s
• Most cases are heard in state court.

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2 types of Federal Courts

• Constitutionaldeal with matters relating to the
  constitution District, Appeals, Federal
  Circuit, International Trade. Called regular or
  article III courts.
• Special courts deal with the expressed powers of
  congress. Veterans, Federal Claims, taxes, and
  the DC courts.

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The Issue of Jurisdiction

• Most federal cases are heard in the
  Constitutional Courts.
• Jurisdiction the authority to hear and decide a
  case.
• If they do not deal with issues of the
  Constitution they are heard in state courts

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Different types of Jurisdiction

• It depends on whether they share power with the
  state court or whether they are the first court
  to hear the case.
• Exclusive Jurisdictionthe case can only be heard
  by the federal court. Example I sue a foreign
  country, patent infringement, federal crime, an
  Act of Congress.
• Concurrent Jurisdictioncan be tried in both
  courts usually involves cases where a citizen of
  one state sues anotherdiverse citizenship.

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Plaintiff and Defendant

• Plaintiffperson who brings the complaint
• Defendantperson who the complaint is against

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Original and Appellate Jurisdiction

• OriginalThe court who hears the case first.
  Federal District court.
• AppellateCourt that hears the case on appeal.
  This court can overrule or change the decision of
  the lower court. An error in the law must occur
  for a case to be overruled.
• The Supreme court has both of these powers

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Appointment

• All federal judges are appointed by the Senate.
  Senatorial Courtesy plays a huge role.
• The president usually picks members from his own
  party.
• Those appointed to constitutional courts are
  appointed for life
• Special courts 15 years

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Court Officers

• Magistrates hear cases and issue warrants. Day
  to Day stuff.
• Bankruptcy judges
• DAs
• Marshalls