Top Banner
The Federal Court The Federal Court System System Lower (Inferior) Lower (Inferior) Courts Courts
10

The Federal Court System Lower (Inferior) Courts.

Jan 17, 2018

Download

Documents

Wendy Marsh
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: The Federal Court System Lower (Inferior) Courts.

The Federal Court The Federal Court SystemSystem

Lower (Inferior) Lower (Inferior) CourtsCourts

Page 2: The Federal Court System Lower (Inferior) Courts.

I. Structure of Federal SystemI. Structure of Federal System

Page 3: The Federal Court System Lower (Inferior) Courts.

I. Structure of Federal SystemI. Structure of Federal System

Page 4: The Federal Court System Lower (Inferior) Courts.

II. Roles of the CourtsII. Roles of the CourtsA.A. Dual Court SystemDual Court System

1.1. National judiciary with over 120 courtsNational judiciary with over 120 courts2.2. Each of the 50 states has its own court system. Each of the 50 states has its own court system.

Most cases are heard at the state level.Most cases are heard at the state level.B.B. Resolving DisputesResolving Disputes

1.1. Lower courts hear “cases and controversies”.Lower courts hear “cases and controversies”.2.2. They review and resolve specific disputes between They review and resolve specific disputes between

parties.parties.3.3. Only people who have suffered a specific injury can Only people who have suffered a specific injury can

bring suit.bring suit.C.C. Setting PrecedentSetting Precedent

1.1. A court’s ruling in a case serves as the model for A court’s ruling in a case serves as the model for future decisions in similar cases.future decisions in similar cases.

Page 5: The Federal Court System Lower (Inferior) Courts.

II. Roles of the CourtsII. Roles of the CourtsD.D. Interpreting LawsInterpreting Laws

1.1. Strict ConstructionistsStrict Constructionists: : laws and the laws and the Constitution should be Constitution should be interpreted based only interpreted based only on what is written in the on what is written in the document.document.

a.a. Determine authors’ Determine authors’ original intentoriginal intent

2.2. Loose ConstructionistsLoose Constructionists: : laws and the laws and the Constitution should be Constitution should be interpreted broadly in interpreted broadly in order to meet the needs order to meet the needs of changing times.of changing times.

Page 6: The Federal Court System Lower (Inferior) Courts.

III. Authority of the CourtsIII. Authority of the CourtsA.A. JurisdictionJurisdiction: authority : authority

to interpret and to interpret and administer the lawadminister the law

B.B. Original JurisdictionOriginal Jurisdiction: : the authority to hear a the authority to hear a case firstcase first

1.1. Primarily cases arising Primarily cases arising under the Constitution under the Constitution and other federal lawsand other federal laws

C.C. Appellate JurisdictionAppellate Jurisdiction: : the power to review the power to review cases previously cases previously decided by a lower decided by a lower courtcourt

Page 7: The Federal Court System Lower (Inferior) Courts.

IV. Lower Court OrganizationIV. Lower Court OrganizationA.A. District CourtDistrict Court: Trial : Trial

courts in the federal courts in the federal systemsystem

1.1. These courts are These courts are assigned to specific assigned to specific geographic areasgeographic areas

2.2. Each state has 1-4, Each state has 1-4, depending on sizedepending on size

3.3. Original jurisdiction over Original jurisdiction over federal casesfederal cases

4.4. U.S. Attorney prosecutes U.S. Attorney prosecutes criminal casescriminal cases

Page 8: The Federal Court System Lower (Inferior) Courts.

IV. Lower Court OrganizationIV. Lower Court OrganizationB.B. Courts of AppealsCourts of Appeals

1.1. Hear appeals from U.S. Hear appeals from U.S. District CourtsDistrict Courts

2.2. Each covers a large Each covers a large judicial district called a judicial district called a circuitcircuit

3.3. Each has a total of 6-28 Each has a total of 6-28 judges – no juriesjudges – no juries

4.4. Usually only three of the Usually only three of the judges hear any one casejudges hear any one case

5.5. No new facts presented; No new facts presented; only issues of law can be only issues of law can be arguedargued

Page 9: The Federal Court System Lower (Inferior) Courts.

IV. Lower Court OrganizationIV. Lower Court OrganizationB.B. Courts of AppealsCourts of Appeals

6.6. Decisions based on Decisions based on written record from the written record from the district court trial and district court trial and briefs filed by the two briefs filed by the two sidessides

7.7. The court may reverse a The court may reverse a decision, affirm it, or decision, affirm it, or send a case back to send a case back to district court for retrialdistrict court for retrial

Page 10: The Federal Court System Lower (Inferior) Courts.

V. Federal JudgesV. Federal JudgesA.A. Most serve for life: allows them to be Most serve for life: allows them to be

independentindependentB.B. Congress can impeach and convict them for Congress can impeach and convict them for

serious crimesserious crimesC.C. Nominated by President and approved or Nominated by President and approved or

rejected by Senaterejected by SenateD.D. Senatorial CourtesySenatorial Courtesy: Senators are consulted : Senators are consulted

on potential nominees for the district courts on potential nominees for the district courts in their state before an official nomination is in their state before an official nomination is mademade

E.E. The Senate examines nomination to the The Senate examines nomination to the appeals courts more carefully because of appeals courts more carefully because of these courts’ vital rolethese courts’ vital role