American Government Chapter 18 Notes The Federal Court System

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1 American Government Chapter 18 Notes The Federal Court System Section 1 a. The National Judiciary B. Creation of a National Judiciary a. Framers of Constitution created a national judiciary b. A Dual Court System i. 1. National Judiciary that has nearly 120 courts across the U.S. 2. a. c. Two Kinds of Federal Courts i. 1. lower federal courts, those beneath the Supreme Court ii. Congress has created two distinct types of federal courts 1. a. Courts of Appeals, District Courts, and U.S. Court of International Trade 2. a. Hear cases arising out of some of the expressed powers to Congress C. Federal Court Jurisdiction a. The Constitutional Courts hear most of the cases tried in the federal courts Chapter 18 Page 1

2 b. i. c. Subject Matter of the Case i. ii. Admiralty law (On the seas) d. The Parties Involved in the Case i. United States or agencies ii. Ambassador iii. e. D. Types of Jurisdiction a. Exclusive and Concurrent Jurisdiction i. Exclusive Jurisdiction 1. ii. Concurrent Jurisdiction Any diverse citizenship case over $75,000 iii. Plaintiff 1. iv. Defendant 1. b. Original and Appellate Jurisdiction i. Original Jurisdiction 1. ii. Appellate Jurisdiction 1. Chapter 18 Page 2

3 2. iii. Federal court system, district courts have only jurisdiction and courts of appeals have only appellate jurisdiction 1. has both appellate and original jurisdiction E. Appointment of Judges a. The President Article II, Section II, Clause 2 i. Including other federal judges who sit in the nations 94 district courts ii. President tends to select judges on certain criteria s: Law specialist 3. Agrees with their individual political party b. Two types of federal judges i. Judicial activist 1. ii. judicial restraint 1. F. Terms and Pay of Judges a. Judges of the constitutional courts are appointed for life i. Until they resign, retire, or die in office ii. Chapter 18 Page 3

4 b. Special court judges are not appointed for life c. Congress sets the salaries of all federal judges i. ii. If served for at least 10 years, they get full salary for the rest of their lives G. Court Officers a. Federal judges have little involvement in the day-today administrative operations i. b. Each of the 94 district courts have appointed magistrates that take care of legal matters i. ii. iii. Etc. c. Each federal judicial district has at least one bankruptcy judge d. President and Senate appoint a U.S. attorney for each federal judicial district i. Bring federal charges against individuals ii. e. Also appoint Marshalls Section 2 f. The Inferior Courts H. The District Courts a. Federal Judicial Districts i. There are 89 federal judicial districts, and 4 other courts in D.C. and provinces ii. 1. Chapter 18 Page 4

5 b. District Court Jurisdiction i. ii. They hear a wide range of both criminal cases and civil cases iii. Only federal courts that regularly use grand juries to indict defendants 1. Only a few are ever appealed to higher courts I. The Courts of Appeal a. Established by Congress in 1891 in order to alleviate the docket of the Supreme Court i. ii. There are now currently 12 Judicial Courts b. Appellate Court Judges i. There are currently 179 circuit judges ii. Supreme Court judge heads a court of appeals c. Appellate Court Jurisdiction i. 1. generally only from the district courts within their circuits J. Other Constitutional Courts a. The Court of International Trade i. Originally created in 1890 ii. Contains 9 judges, with one as chief judge Chapter 18 Page 5

6 1. b. The Court of Appeals for the Federal Circuit i. Created in 1982 for the Federal Circuit to speed up appeals in certain kinds of civil cases 1. Section 3 c. The Supreme Court K. Judicial Review a. b. The power to decide the constitutionality of an act of government, whether executive, legislative, or judicial c. Marbury V. Madison i. John Adams packed the courts with federalist judges d. Marshall ruled that the Judiciary Act of 1789 was void due to conflict with Constitution i. ii. iii. Enforce provision of Constitution e. The Effects of Marbury i. L. Supreme Court Jurisdiction a. Has both original and appellate jurisdiction i. Chapter 18 Page 6

7 M. How Cases Reach The Court a. Most cases appealed to the Supreme Court are not actually heard because of multiple reasons i. Supreme Court agrees with lower courts decisions ii. b. Most cases reach Supreme Court by writ of certiorari i. c. Rarely cases reach the Supreme Court by certificate i. Lower courts unsure of decision and ask Supreme Court to make the decision instead N. How The Court Operates a. Operates from the first Monday in October to June or July b. Oral Arguments i. c. Briefs i. Detailed statements support one side of a case, which are filed with the court before oral arguments begin d. The Court In Conference i. Headed by Chief Justice, Justice discuss their point of view on the case /3 of cases decisions are unanimous 3. e. Opinions i. Chapter 18 Page 7

8 1. 2. The majority opinion stands as precedents a. ii. One of the justices who agree with the Court s decision may write a concurring opinion 1. iii. Section 4 f. The Special Courts O. The Court of Federal Claims a. i. Composed of 16 judges b. If U.S. found in guilt, the individual can not be paid until Congress c. Can be appealed to the Court of Appeals for the Federal Circuit P. The Territorial Courts a. Courts that work in Virgin Islands, Guam and the Northern Marianas Q. The District of Columbia Courts a. Constitution allows there to be courts setup in the District of Columbia Chapter 18 Page 8

9 R. The Court of Appeals for the Armed Forces a. Congress has created a system of military courts for each branch of the nation s armed forces b. Court Martial i. ii. c. A court that has a civilian tribunal to deal with serious court-martial convictions i. S. Military Tribunals a. Used to try terrorist individuals captured throughout the world b. i. President Obama has called for the closure of these military tribunals at Guantanamo Bay detention center c. T. The Court of Appeals for Veterans Claims a. Has power to hear appeals from the decisions of an administrative agency in the Department of Veterans Affairs U. The United States Tax Court a. b. Chapter 18 Page 9

Creation. Article III. Dual Courts. Supreme Court Congress may create inferior courts. Federal State

Creation. Article III. Dual Courts. Supreme Court Congress may create inferior courts. Federal State The Federal Courts Creation Article III Supreme Court Congress may create inferior courts Dual Courts Federal State Federal Courts Underneath Supreme Court Two Types Constitutional exercise judicial power