CHAPTER 18 FEDERAL COURT SYSTEM. Alexander Hamilton, Federalist 22 “Laws are a dead letter without courts to expound and define their true meaning and.

CHAPTER 18FEDERAL COURT SYSTEM

Alexander Hamilton, Federalist 22“Laws are a dead letter without courts to expound and define their true meaning and operation”

Article III, Section I“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 I, Section 8, Clause 9Congress has the expressed power “to constitute tribunals inferior to the Supreme Court.”

DUAL COURT SYSTEM (Federalism)1) National Judiciary

(Federal Court System):

100+ courts

a. Supreme Court

b. Constitutional courts

c. Special courts

2) State Judiciary:

1000s of courts State courts hear most

of the cases.

Federal vs. State Courts

Judicial Branch Courts

FEDERAL COURTS These are inferior courts (lower than Supreme

Court).TWO TYPES1. CONSTITUTIONAL COURTS Hear more cases than special courts Created out of Article III power Include 94 District Courts, 12 Court of Appeals, US

Court of International Trade, US Court of Appeals for Federal Circuit

AKA “Regular Courts”, “Article III Courts”

INFERIOR FEDERAL COURTS Lower than the Supreme CourtTWO TYPES1. CONSTITUTIONAL COURTS Hear more cases than special courts Created out of Article III power Include 94 U.S. District Courts, 12 U.S. Court

of Appeals AKA “Article III Courts”

FEDERAL COURTS CONTINUED2. SPECIAL COURTS

*Have been created by Congress to deal with cases arising out of one of Congress’ expressed powers

*AKA “Legislative Courts” or “Article I Courts”

*Include US Court of Federal Claims, Territorial Courts, Courts of the District of Columbia, US tax Court, US Court of Appeals for Armed Forces, US Court of Appeals for Veterans Claims

Special Courts, continuedInclude US Court of Federal Claims (you suing the federal

government)Territorial Courts (land owned by U.S. like Guam)Courts of the District of Columbia (court for people in D.C.)US Tax Court (any violation of federal tax laws)US Court of Appeals for Armed Forces (military has own set of

laws, so they need their own court – appeals from JAG)US Court of Appeals for Veterans Claims (if a veteran loses a

service, this is where they appeal their case – like Agent Orange cases)

JURISDICTIONDefinition: The authority or subject area that a court can

hear a case about. Example: Break a federal law, go to a federal

court (robbing a bank). Example: Break a state law, go to a state court

(speeding).

Types of Jurisdiction1) Exclusive Jurisdiction - cases that can only

be heard in Federal Courts. Federal Crimes Examples: cases involving ambassadors, bank

robbery, kidnapping, presidential assassination, killing a police officer, destroying a mailbox-$1000 fine)

Types of Jurisdiction1) Exclusive Jurisdiction - cases that can only

be heard in Federal Courts. Federal Crimes Examples: violations of patents and

copyrights, cases involving ambassadors

Types of Jurisdiction1) Exclusive Jurisdiction - cases that can only

be heard in Federal Courts. Federal Crimes Examples: cases involving ambassadors, bank

robbery, kidnapping, presidential assassination, killing a police officer, destroying a mailbox-$1000 fine)

Types Of Jurisdiction, continued 2) Concurrent Jurisdiction – cases can be tried in

either federal or state court. A common type of concurrent jurisdiction: is

“Diverse Citizenship” –dispute involving citizens of different states.

Federal District Courts may hear these if over $75,000 is involved.

Defendant can have the trial moved from the Plaintiff’s state to a federal district court.

Example: Land dispute between people from different states.

CHRONOLOGY of Jurisdiction1) Original jurisdiction - court where case is 1st

heard

2) Appellate jurisdiction – court where case is heard 2nd, 3rd, 4th, etc. (on appeal from lower court)

JurisdictionOf the Federal Courts –

1. U.S Supreme court has original and appellate

2. U.S Appeals courts have appellate

3. U.S District courts have original

US Supreme Court

9 JusticesD.C.

Original and appellateFewest cases 80-150/year

US Court of Appeals12 Courts (3 judge panel)

Boston, MAAppellate

US District Court94 Courts (judge and 2 types of juries:

1. grand - indicts 2. petit - determines guilty or innocence)

Portland, MEOriginal

Most cases

APPOINTING JUDGESArticle II, Section II, Clause II – Supreme Court appointment process

Says that “the President shall nominate and by and with the advice and consent of the Senate shall appoint…Judges of the Supreme Court.”

Appointing Judges, Continued If a state needs a new federal judge, the

President asks the Senator (same party) from the state of the needed judge to recommend 3 candidates

Senatorial Courtesy – President will typically choose that Senator’s 1st choice

Example: In Maine, Bush would ask Olympia Snowe because she is the senior Senator

TERM and SALARYFor Constitutional Courts – LIFE Until judge resigns, retires, or dies Can be removed through impeachment (13

impeached, 7 of them removed)

Salary is set by Congress and can not be decreased during their term in office.

A Supreme Court Justice’s salary is same as U.S. Senators, Representatives, and the Vice President.

Court Officers Support Services Clerks, baliffs, court reporters, stenographers,

probation officers, others US Magistrates – officers of the court who are

appointed to 8-year terms and handle – arrest warrants, set bail, and generally reduce the workload for the judges

Court OfficersUS Attorney for each Federal District President nominates and Senate approves They are the government’s prosecutors (lawyers) Work with the FBI, bring to trial people charged

with federal crimes Represent government in all civil actions brought by

or against the government in their district 4-year term If I break a federal law, it would be the U.S. v

Crowley

Court Officers, continuedU.S. Marshall Could arrest you for breaking a federal law or

deliver you a warrant for breaking a federal law

Deals with riots, mobs, etc. 4-year term sent by Magistrate to arrest people

Layout of Courtroom

THE INFERIOR COURTSCourts below the Supreme Court

DISTRICT COURTS 632 judges Handle 300,000 cases a year Created by Congress in the Judiciary Act of

1789 Currently 94 district courts Maine’s District Court is located in Portland It has 3 authorized judgeships

Federal Judicial Districts Include at least one district in each State, the

District of Columbia and Puerto Rico Larger, more populous states are divided into

2 or more districts 2 judges assigned to each district (at least) Cases tried in district courts heard by 1 judge

usually

DISTRICT COURT JURISDICTION Original jurisdiction Making them the principal trial courts in the

federal court system Criminal cases – when a defendant is tried for

committing some action that Congress has declared by law to be a federal crime

Civil cases – noncriminal matter, terms of contract, e.g

District Court Cases Bank robbery Mail fraud Counterfeiting Tax evasion Bankruptcy Civil rights

Court of Appeals Created by Congress in 1892 Relieves the Supreme Court of burden of hearing all

appeals Currently 12 courts of appeals 179 circuit judges Our closest Court of Appeals is in Boston – 1st Circuit Our district includes ME, MA, NH, RI, Puerto Rico

U.S. COURTS OF APPEALS

D.CAndFederalCircuit Make 13

Appellate Court Jurisdiction Hear cases on appeals from lower fed. Courts Also hear appeals from several federal

regulatory agencies like the Federal Trade Commission, the national labor Relations Board

55,000 cases a year

Court of International Trade Created in 1890 9 judges Civil cases arising out of tariff and other

trade-related laws Panels of 3 Trials often held at major port cities