The Federal Court System

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The Federal Court System

• By. Janine Hepler

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The Creation of a National Judiciary

• Under the Articles of Confederation no national
  courts existed
• Each state interpreted applied the laws in
  their own way

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Problems, Problems, Problems

• Disputes b/t states were decided by only 1 state
  involved (if at all)
• Often decisions by the courts in 1 state were
  ignored by the courts in other states

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Article III, Section I (U.S. Constitution)

• Created a national judiciary in a single sentence
• The judicial power of the United States shall be
  vested in one Supreme Court, in such inferior
  courts as the Congress may from time to time
  ordain establish

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A Dual Court System

• There are 2 separate court systems in the U.S.
• National Judiciary
• State Court Systems
• Most cases are heard in state courts

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The Federal Courts

• The Constitution creates the Supreme Court
  gives Congress the authority to create inferior
  courts
• Congress has created 2 types of federal courts
• Constitutional Courts
• Special Courts

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Constitutional vs. Special Courts

• AKA Regular Courts
• Formed under Article III to exercise the judicial
  power of the U.S. (BROAD)
• Includes
• Courts of Appeals
• Court of Intl. Trade
• District Courts

• AKA Legislative Courts
• Created by Congress to hear cases arising from
  the expressed powers listed in Article I
  (SPECIFIC)
• Includes
• Court of Appeals for the Armed Forces
• Tax Court
• Court of Veterans Appeals

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Jurisdiction Defined

• Authority of a court to hear decide a case
• to say the law
• Types of Jurisdiction
• Original
• Appellate
• Exclusive
• Concurrent

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Jurisdiction in the Federal Courts

• The Constitution grants the federal courts
  jurisdiction over certain cases

• Subject Matter
• Interpretation of Constitution, federal
  law/treaty, question of maritime law
• Parties Involved
• The United States, its officers/agencies, foreign
  ambassadors/governments, interstate disputes

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Types of Jurisdiction Defined

• Exclusive
• Case may ONLY be heard in a federal court
• Concurrent
• Case may be heard in EITHER a State court OR a
  federal court

• Original
• Court in which a case is 1st heard (trial court)
• Appellate
• Court that hears a case on appeal from a lower
  court (re-trial)

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Other Legal Terms

• Plaintiff
• Person who initiates a lawsuit
• Defendant
• Party who must defend against the complaint

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Federal Judges

• Nominated by the President, confirmed by the
  Senate
• Judges of the Supreme Court the Constitutional
  Courts serve for lifemay only be removed by
  impeachment

• Usually leading attorneys, legal scholars, law
  professors, former members of Congress, from
  State courts
• Typically Presidents select members of their own
  political party

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Terms Pay of Judges

• Not all judges are appointed for life
• Congress sets the salary of all federal
  judgesmay not cut pay during time in office
• Receive generous retirement arrangement

• Primary job hear decide cases

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Pop Quiz

1. Why did the Framers create a national judiciary?
2. According to Article III of the Constitution,
   which part of our government is given the
   authority to create the inferior courts?
3. In the U.S. we have a dual system of
   courtswhat does this mean?
4. How do federal judges receive their positions
   for how long do they serve?
5. What 2 principles determine if the federal courts
   have jurisdiction over cases?

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Breakdown of the Court System in the U.S.

• Federal State

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A Dual System of Courts

• The U.S. has 2 separate court systems
• Federal Court System
• Created by Article III of Constitution
• State Courts in all 50 States
• Established by State Constitutions

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Jurisdiction of the Courts

• Federal Courts hear cases that arise under the
  U.S. Constitution, federal laws and regulations,
  and treaties.
• CANT hear cases that deal exclusively with
  matters which the Constitution reserves to the
  states.

• State Courts hear cases concerning issues that
  are neither preempted by the federal courts nor
  denied to the states by the U.S. Constitution.

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Judges Federal State

• Federal judges are nominated by the President and
  confirmed with the advice and consent of the
  Senate.
• They hold office during good behavior, typically
  for life.

• States select judges in different wayselection,
  appointment, or a combination of systems.

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The Federal Court System

• There are 3 levels of courts in the federal court
  system
• U.S. District Courts
• U.S. Courts of Appeal
• U.S. Supreme Court

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1.
2.
3.
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The District Courts

• The U.S. District Courts are courts of original
  jurisdiction
• Can hear criminal civil cases
• There are 94 U.S. District Courts in the United
  Statesat least one U.S. District Court in every
  state.
• Larger states like CA TX have as many as 4

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U.S. Courts of Appeals

• Courts of appellate jurisdiction.
• This means that if a party is not satisfied with
  the decision of the U.S. District Court, it may
  seek relief from this court.
• There are 13 U.S. Circuit Courts of Appeals
• Most of these courts cover an area that includes
  several states.
• Usually headed by a 3-judge panel

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The Supreme Court

• Highest court in the land.
• 9 judges (justices) presided over by a Chief
  Justice.
• Hears appeals from the U.S. Circuit Courts of
  Appeals federal questions raised from State
  supreme courts
• Unlike the U.S. Circuit Courts of Appeals, the
  U.S. Supreme Court has "discretionary
  jurisdiction,"
• It decides which cases it will hear.

John Roberts
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Judicial Branch Review
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Checks Balances
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Officers of the Court

• In addition to the judges, many other people work
  together to ensure the success of the judicial
  system
• These include court staff, U.S. attorneys,
  federal public defenders, lawyers in private
  practice, and U.S. Marshals.

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Court Officers
Clerks Keeps record of court proceedingsassisted by deputy clerks stenographers
Magistrate Issue arrest warrants, determine whether a grand jury is needed, set bail in federal cases, try certain minor offenses
Bankruptcy Judges Handle bankruptcy cases within judicial district
U.S. Attorneys Responsible for prosecuting those charged with federal crimes, represent the U.S. in all civil actions
U.S. Marshalls Carry out duties much like those of a county sheriff, make arrests, keep suspects in custody, serve legal papers, keep order in the court, execute court orders/decisions
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American Law Judicial Review
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The Judiciary Act of 1789

• Bill picked up where the Constitution left off
• Set up a 3-tier federal court system
• Added a trial appellate level
• Limited the jurisdiction of the federal courts
• Gave the state courts concurrent jurisdiction
  over many federal issues

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Sources of American Law

• Where does American law come from?

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Federal State Constitutions

• The U.S. Constitution is the supreme law of the
  land
• State Constitutions are the supreme law within
  their respective borders

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Legislative Acts

• Every year, tens of thousands of legislative
  bodies create new laws that govern our lives
• Congress
• State Legislatures
• County Governments
• Municipal Governments
• District Governments

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Case Law

• Case law is found in court decisions
• Sometimes called unwritten law
• Product of common-law tradition from Great
  Britain
• Judge-made law
• Evolves with societys values

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The Power of Judicial Review

• Checks Balances in Action

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Judicial Review

• Theory

• Reality

• Its the role of both elected branches (Congress
  the President) to make public policy
• Its the job of the courts (the appointed branch)
  to interpret apply the law

• Judges make policy all the time when carrying out
  trials
• Thus, Judicial Review is the single greatest
  power of the courts

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What Does it Mean?

• Judicial Review
• Authority of the courts to determine whether acts
  of Congress, the executive branch, the states
  are constitutional

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Where Did it Come From?

• Established by the Supreme Court in a landmark
  case
• Marbury vs. Madison (1803)

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The Case of Marbury v. Madison

• Before leaving office, President John Adams
  appointed William Marbury the federal justice of
  the peace
• The new president, Thomas Jefferson advised his
  secretary of state, James Madison, to refuse to
  recognize the appointment

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The Case of Marbury v. Madison

• William Marbury responded with a lawsuit against
  James Madison
• Supreme Court Justice John Marshall was handed
  the difficult task of deciding the case

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Marshalls Dilemma

• If he ruled in favor of Marbury, Jefferson would
  ignore his decisionthus weakening the power of
  the Supreme Court
• If he ruled in favor of Jefferson, it would
  appear that he was giving into political
  pressurethus undermining the Courts independence

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Marshalls Solution

• Ruled that the Supreme Court could not hear the
  case because section 13 of the Judiciary Act of
  1789 was in itself unconstitutional
• Established the Supreme Courts inherent power to
  declare acts of Congress unconstitutionalJudicial
  Review was born

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The Legacy of Marbury v. Madison

• Today all courts (national state) have the
  power to determine the constitutionality of
  legislative acts

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Recap Marbury vs. Madison

• President ___ promised ____ a job as ____ before
  leaving office.
• The incoming President, ____, asked his Secretary
  of State ____ to refuse the commission.
• Subsequently, ____ sued ____ for the job.
• Chief Justice ____ was given the case.
• If he ruled in favor of Marbury, then
• If he ruled in favor of Jefferson, then
• Marshall ruled that the ___ was unconstitutional,
  thus creating ___ giving strength to the ___.

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Review Questions

1. Why was the Judiciary Act of 1789 important?
2. List the sources of American law.
3. Define Judicial Review in your own words.
4. Explain how Judicial Review was established by
   Marbury vs. Madison.

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The Supreme Court
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The Supreme Court

• Top of U.S. legal system
• Created by Article III of U.S. Constitution
• Co-equal branch
• Executive (President)
• Legislative (Congress)
• Court of last resort
• Has final authority/say

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Structure of the Supreme Court

• Located in Washington, D.C.
• Open to public
• 1 Chief Justice
• John Roberts
• 8 Associate Justices
• JusticeJudge

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Supreme Court Justices

• Congress sets the of Justices has the power
  to change it
• Has varied through history from 5-10
• Congress sets the Justices salaries
• May not issue pay cut during term
• 223,500/year ? Chief Justice
• 213,900/year ?Associate Justices
• Serve for life unless impeached
• Congress has never impeached a Justice

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Current U.S. Supreme Court Justices
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List of Chief Justices Through History
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Supreme Court Jurisdiction

• Original Jurisdiction

• Appellate Jurisdiction

• Few cases in number
• Usually less than 5 per year
• Cases Involving
• Disputes between states
• The Federal Government
• The President
• Congress
• Ambassadors

• Majority of caseload
• Deals with the constitutionality of issues
• Cases Involving
• Appeals from Federal courts
• Appeals from State courts

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Responsibilities of the Supreme Court

• NOT described in the Constitution
• Developed from laws tradition
• Chief Justice has additional duties

• 3 Main Tasks
• Decide which cases to hear
• 1,000s submitted each year
• Decide on the case itself
• Main duty
• Determine explanation for ruling
• AKA the Courts opinion

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The role of the supreme court
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Writ of Certiorari

• Most cases reach the Supreme Court on appeal
• Writ of Certiorari
• Order from the court to send up the case record
  of a claim that the lower court mishandled the
  case

John Jay 1st Chief Justice of Supreme Court
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Selecting Cases The Rule of Four
4

• In order for the Supreme Court to select a case,
  at least 4 of the Justices must feel that the
  case is relevant
• Vote aloud by seniority
• Bloc coalition of Justices
• Docket caseload

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Deciding What Cases to Take

• Legal Question
• Cases that have been decided differently by 2
  different courts
• Lower Court Conflict
• If a lower court decision conflicts with an
  existing Supreme Court ruling
• National Significance
• If the issue could have broad importance beyond
  the parties in the case

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Typical Supreme Court Cases

• Over the years, the Court has paid most of its
  attention to the following areas
• Avoids cases dealing with political questions

• Civil liberties
• Largest majority of caseload
• Economic issues
• Federal laws/regulations
• Due process of law
• Suits against govt. officials

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Deciding the Case Itself

• Stare Decisis
• Latin term
• Let the decision stand
• Once the Court rules on a case, its decision
  stands as a precedent for other cases

Sandra Day OConnor 1st woman to serve on Supreme
Court
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Factors that Influence the Supreme Courts Rulings

• Several forces shape the Courts decisions

• Existing laws
• Justices Personal Views
• Interaction b/t Justices
• Social/Public Attitudes
• Congress
• The President

Thurgood Marshall 1st African American to serve
on Supreme Court
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Determining the Courts Opinion

• Majority Opinion
• Official stand explanation of the Supreme Court
  after the Justices vote
• Concurring Opinion
• Written explanation of a Justices view that is
  in line with the rest of the majority BUT
  emphasizes a specific point not made in the
  majority decision

• Dissenting Opinion
• Held by any Justice of the Supreme Court who
  DIDNT agree with the majority decision