Chapter 18: The Federal Court System

1. Chapter 18:The Federal Court System Ashton Leyens, Caroline Rudkin, & Jaclyn Sterman Soroko

2. Federal Courts • Inferior Courts: • The lower federal courts, those beneath the Supreme Courts • Two Types • Constitutional Courts • Special Courts

3. Creation of the National Judiciary • The framers created a national judiciary in a single sentence in the Constitution • “The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish” (article III section 1) • Dual Court system • The national judiciary has 120 courts all across the country • Each of the 50 states has their own courts

4. Also called article III courts or regular courts. Created by congress to exercise “judicial Power of the United States”

5. Types of Jurisdiction • Jurisdiction: • The authority of a court to hear a case • Exclusive • The cases that can only be heard in federal courts • Concurrent • Both federal and state courts can hear the cases • Original • The court in which the case is first heard • Appellate • A higher court that previously heard the case

6. District Courts • Federal Trial courts • Created in the Judiciary act of 1789 • 94 courts • Federal Judicial Districts • There are 89 • District Court Jurisdiction • Have it over most cases that have been heard in federal courts. • Criminal Case: a defendant is tried for committing some action that congress has declared by law a federal crime • Civil Case: Anything else that is not crime related • Example: bankruptcy, postal, tax, civil rights, public lands…

7. The Courts of Appeals • Created by congress in 1891 • Created to relieve Supreme Court of the burden of hearing appeals from the district courts • 12 Courts of appeals in the judicial system • Docket: a list of cases to be heard

8. The Supreme Court • The ultimate exercise of judicial power rests with the Supreme Court • The final authority on the meaning of the constitution • Marbury vs. Madison • The supreme court’s first case where their power of judicial review came into play. • The effects: • Supreme Court claimed acts of congress unconstitutional • Laid the foundation for the judicial branch’s role in developing the American system of government.

9. Supreme Court Jurisdiction • Two classes of cases • Those to which a state is a party • Those affecting ambassadors, other public ministers, and consuls • How cases reach the Court • Out of 8,000 cases only a few hundred are chosen • Most reach by writ of certiorari • An order by the Court directing a lower court to send up the record in a given case for its review. • Another way is a certificate • When the lower court is not clear about the procedure or the rule of law that should apply in a case

10. Court Operations • Oral arguments • When the case is heard • Briefs • Written documents filed with the Court before oral arguments begin • Conferences • Wednesdays and Fridays justices meet in conference discussing the oral arguments • Opinions • Majority: the Court’s opinion • Precedents: examples to be followed in similar cases that may arise • Concurring: to add or emphasize a point that was not made in the majority opinion • Dissenting: written by justices who do not agree with majority opinion.

11. Also called Legislative Courts or Article I courts. Created by congress “to constitute tribunals inferior to the Supreme Court”

12. The government cannot be taken to court unless congress says they are open to suit. It hears local cases as well as cases from constitutional courts Court of Federal Claims DC Courts Territorial Courts Tax Court • Created by congress for the nations territories • Hears only civil cases involving disputes over tax laws

13. Military courts equals courts-martial Serves disciplinary needs of armed forces Not part of federal court system Court like boards but not part of the court martial system Court of Appeals for the Armed Forces Military Commissions Court of Appeals for the Veterans Claims • Newest court in the federal judiciary • Hears appeals from the decisions of an administrative agency

14. A Time to Kill • The following slides are themes that were seen throughout the movie that relate to government.

15. Jury Selection • Jury members are selected randomly from the community and are supposed to represent your piers. This system is designed to create impartial juries. However, in the movie, racism does not allow for the jury to be unbiased, but racism is not a tangible thing can be removed.

16. This is the legal term for moving the trial to a different location. Jake is well aware that Carl Lee cannot receive a fair trail at the local court and files for a change of venue. He had hoped to find a more sympathetic and less racist jury by changing the venue. Change of Venue

17. Justice! • Moral rightness based on, in this case, law. In this peculiar case, justice would have been served either way. Yes, Carl Lee killed the 2 boys, but he was the only one who was going to punish them for their crime.

18. THE END!