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The Federal Court System. Unit 4, Chapter 18. Organization of the National Judiciary (see chart page 507). Federal Court Jurisdiction. Jurisdiction: authority of a court to hear (to try and to decide ) a case Article III, Section 2 – federal courts may hear a case (see chart page 508)
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The Federal Court System Unit 4, Chapter 18
Federal Court Jurisdiction Jurisdiction: authority of a court to hear (to try and to decide) a case Article III, Section 2 – federal courts may hear a case (see chart page 508) • Subject matter • Parties involved All cases not heard by federal courts within jurisdiction of States’ courts Types of jurisdiction depending on: • Share power to hear case with State courts • Exclusive: only heard in federal courts • Concurrent: case may be tried in either federal court or State court • First court to hear case • Original: court in which a case is first heard • Appellate: court hears a case on appeal from a lower court
Other information about the courts Appointment of Judges Terms and Pay Nomination; Advice and Consent of Congress Senatorial courtesy Attorneys, legal scholars, law professors, former members of Congress, State court judges Party Judicial restraint • Original intent of those who wrote Constitution or enacted statute • Precedent: in line with previous decisions Judicial activism: law interpreted and applied in light of ongoing changes in conditions and values Judges of constitutional courts are appointed for life – until resign, retire, die in office Removed only through impeachment process Judges sit in special courts not appointed for life Congress sets salaries of all federal judges and generous retirement arrangement
Court Officers Support services to run day-to-day administrative operations; include: clerk, several deputy clerks, bailiffs, court reporters and stenographers, probation officers, other court personnel Judges of district courts appoint US magistrates: handle legal matters once dealt with by judges themselves (8 year term) Each federal judicial district has at least one bankruptcy judge (14 year term) President and the Senate appoint US attorney for each federal judicial district – government prosecutors (4 year term) President and the Senate select US marshal to serve each of the district courts (4 year term)
Federal Courts – Inferior Courts:Constitutional Courts (see chart page 514) US District Courts US Court of Appeals • Judiciary Act 1789 (Congress) • 94 District Courts; 677 judges • Original jurisdiction • Criminal cases: defendant tried for committing some action that Congress declared by law to be a federal crime • Civil cases: noncriminal matter; dispute over terms of contract or claim of patent infringement • Created by Congress 1891 • “gatekeepers” to relieve Supreme Court burden • 12 courts of appeals; judicial circuits • Justice of Supreme Court assigned to each • Panel of three judges for most appeals; occasionally en banc for important cases • Appellate jurisdiction • Decisions final unless Supreme Court chooses to hear appeals from them
The Supreme Court(chart page 520) Cases reach the Court either through appellate or original jurisdiction • Writ of Certiorari; Certificate (rule of four) Operation of the Court • Oral Arguments • Briefs: written documents presenting arguments; amicus curiae; Solicitor General • Conference: role of the Chief Justice; seniority • Opinions • Majority; Concurring, Dissenting • Precedents
Judicial Review(see chart page 518) Judicial review: determining the constitutionality of an act of government (executive, judicial, legislative) Marburyv. Madison (1803) William Marbury (Federalist) and several others appointed by Pres. John Adams to government posts created by Congress in last days of presidency Appointments never completed by the newly elected Jefferson (Democratic-Republican) administration Marbury and others invoked an act of Congress which authorized Supreme Court to issues orders against government officials; in this case James Madison (Secretary of State) John Marshall (Chief Justice Supreme Court and a Federalist) wrote opinion – act of Congress conflicted with Article III of the Constitution
Special Courts (legislative courts) Created to hear certain cases involving expressed powers of Congress; narrow jurisdiction Court of Federal Claims: hears pleas pertaining to claims, payment, damages against Federal government (16 judges, 15 year term) Territorial Courts: courts for nation’s territories District of Columbia Courts Court of Appeals for the Armed Forces • 1789: Congress created system of military courts; courts martial – serve special disciplinary needs of armed forces, not part of federal court system • Civilian tribunal: court operating as part of judicial branch, entirely separate from military establishment (appointed by President and Senate, 15 year term) Military Commissions: courtlike boards of five commissioned officers; try enemy combatants; Executive Order Court of Appeals for Veterans Claims: power to hear appeals from decisions of administrative agency, Board of Veterans appeals (appointed President and Senate, 15 year term) United State Tax Court: hears civil cases involving disputes over application of tax laws (appointed by President and Senate, 15 year term)
