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The Federal Judiciary Magruder Chapter 18. The National Judiciary.

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Presentation on theme: "The Federal Judiciary Magruder Chapter 18. The National Judiciary."— Presentation transcript:

1 The Federal Judiciary Magruder Chapter 18

2 The National Judiciary

3 The Creation of a National Judiciary The federal court system was established by Article III of the Constitution The federal court system was established by Article III of the Constitution  Article III Section 1 There are two separate court systems in the United States There are two separate court systems in the United States  The United States has a national system of courts  Each State has its own court system that hears most of the cases brought in this country

4 The Creation of a National Judiciary Over the years Congress has created two types of federal courts Over the years Congress has created two types of federal courts  Constitutional Courts include the Supreme Court, the courts of appeal, the district courts, and the Court of International Trade  Created under Article III, Section 1  Judges serve for life

5 The Creation of a National Judiciary  Special, or legislative, courts are created by Congress and hear only a limited range of specialized cases.  Created under Article I Section 8  Judges serve for a limited time

6 Jurisdiction in the Federal Courts Federal courts can hear cases that arise out of the: Federal courts can hear cases that arise out of the:  US Constitution  Federal Statute or Treaty  Cases affecting Ambassadors, other public Ministers, and Counsels  Cases of admiralty and maritime jurisdiction

7 Jurisdiction in the Federal Courts  Cases to which the United States is a party  Controversies between two or more States  Controversies between citizens of different States

8 Jurisdiction in the Federal Courts  Controversies between citizens of the same State claiming lands under grants of different States  Controversies between a State, or the citizens thereof, and foreign States, Citizens, or subjects  Article III Section 2

9 Jurisdiction in the Federal Courts All cases that do not fall under the jurisdiction of the federal courts are within the jurisdiction of the State courts All cases that do not fall under the jurisdiction of the federal courts are within the jurisdiction of the State courts Some cases have exclusive (federal courts only) jurisdiction Some cases have exclusive (federal courts only) jurisdiction Some cases have concurrent (federal or state courts) jurisdiction Some cases have concurrent (federal or state courts) jurisdiction

10 Jurisdiction in the Federal Courts The district court in which a case is first heard is said to have original jurisdiction The district court in which a case is first heard is said to have original jurisdiction The appellate court to which a case is appealed from a lower court is said to have appellate jurisdiction The appellate court to which a case is appealed from a lower court is said to have appellate jurisdiction

11 Appointment of Judges Federal judges are nominated by the President and confirmed by the Senate Federal judges are nominated by the President and confirmed by the Senate Presidents almost always nominate persons from their own party who share their philosophy of government Presidents almost always nominate persons from their own party who share their philosophy of government

12 Terms and Pay of Judges Most federal judges are appointed for life and may be removed only through the impeachment process Most federal judges are appointed for life and may be removed only through the impeachment process  Constitutional Courts only  Special Courts – 12 or 15 year terms  Table on page 478

13 Terms and Pay of Judges Congress sets judicial salaries and benefits Congress sets judicial salaries and benefits  Chief Justice – $208,100  Associate Justices -- $199,200  Court of Appeals -- $171,800  District Court -- $162,100  Can never be decreased

14 Terms and Pay of Judges Judges can retire with full salary at the age of 70 after serving for at least 10 years or 65 if they have served for 15 years Judges can retire with full salary at the age of 70 after serving for at least 10 years or 65 if they have served for 15 years

15 Court Officers Each district court has many officials who assist the district judge Each district court has many officials who assist the district judge Clerks – take care of the records of the court’s proceedings, maintain the court seal Clerks – take care of the records of the court’s proceedings, maintain the court seal Bailiffs – keep order in the courtroom Bailiffs – keep order in the courtroom Stenographers – keep an accurate record of what is said in the courtroom Stenographers – keep an accurate record of what is said in the courtroom

16 Court Officers Magistrates – issue warrants of arrest, set bail, and can try certain minor offenses Magistrates – issue warrants of arrest, set bail, and can try certain minor offenses Bankruptcy judges – at least one per district court Bankruptcy judges – at least one per district court  326 in the US, serve 14 year terms United States attorneys – try cases before the district courts United States attorneys – try cases before the district courts Federal marshals – national police Federal marshals – national police

17 The Inferior Courts

18 The District Courts Formed in 1789 by Congress with the passing of the Judiciary Act of 1789 Formed in 1789 by Congress with the passing of the Judiciary Act of 1789 At present there are 94 district courts in the United States At present there are 94 district courts in the United States 50 States are divided into 89 district courts with one in D.C., one in Puerto Rico, one in Virgin Islands, one in Guam, one in Northern Marianas 50 States are divided into 89 district courts with one in D.C., one in Puerto Rico, one in Virgin Islands, one in Guam, one in Northern Marianas

19 The 632 district court judges hear 80 percent of the federal caseload The 632 district court judges hear 80 percent of the federal caseload Each State forms at least one judicial district, and a minimum of two judges are assigned to each district Each State forms at least one judicial district, and a minimum of two judges are assigned to each district

20 The District Courts District courts have original jurisdiction over most of the cases heard in the federal courts District courts have original jurisdiction over most of the cases heard in the federal courts  District courts hear both civil and criminal cases  District courts use both grand and petit juries

21 The Courts of Appeal Courts of appeals were created in 1891 as “gatekeepers” to the Supreme Court Courts of appeals were created in 1891 as “gatekeepers” to the Supreme Court There are now 12 courts of appeals and 179 judges There are now 12 courts of appeals and 179 judges Appellate courts are regional and usually hear appeals from courts within their circuits Appellate courts are regional and usually hear appeals from courts within their circuits

22 The Courts of Appeal They also hear appeals from the United States Tax Court, the territorial courts, and from decisions of federal regulatory commissions They also hear appeals from the United States Tax Court, the territorial courts, and from decisions of federal regulatory commissions Each Supreme Court Justice is assigned to one of the 12 circuits Each Supreme Court Justice is assigned to one of the 12 circuits

23 Two Other Constitutional Courts The Court of International Trade has nine judges who hear civil cases arising out of the tariff and other trade-related laws. The Court of International Trade has nine judges who hear civil cases arising out of the tariff and other trade-related laws.  Sit in three judge panels  Hold trials in major ports: New York, New Orleans, San Francisco, Boston  Appeals go to Court of Appeals for the Federal Circuit

24 Two Other Constitutional Courts The Court of Appeals for the Federal Circuit has 12 judges. It was set up in 1982 to centralize the appeals process in certain types of federal cases and in cases from certain lower and special courts The Court of Appeals for the Federal Circuit has 12 judges. It was set up in 1982 to centralize the appeals process in certain types of federal cases and in cases from certain lower and special courts  Has a nationwide jurisdiction  Hears only civil cases

25 The Supreme Court

26 West Side of the Court

27 Supreme Court Front Facade

28 Back of Supreme Court

29 Contemplation of Justice

30 Authority of Law

31

32 The Old Senate Chamber

33 Supreme Court Chambers

34 Conference Room

35 Supreme Court Library

36 The Supreme Court Only court specifically mandated by the Constitution Only court specifically mandated by the Constitution Has a chief justice and eight associate justices Has a chief justice and eight associate justices This is the highest court in the United States and has the final authority on all questions of federal law This is the highest court in the United States and has the final authority on all questions of federal law

37 Judicial Review Judicial review is the power to decide on the constitutionality of an act of government Judicial review is the power to decide on the constitutionality of an act of government The Founders intended to give this power to the courts, but did not write it in the Constitution The Founders intended to give this power to the courts, but did not write it in the Constitution Alexander Hamilton discussed this idea in Federalist 78 (quote p. 472) Alexander Hamilton discussed this idea in Federalist 78 (quote p. 472) The principle was established in the case of Marbury v. Madison (1803) The principle was established in the case of Marbury v. Madison (1803)

38 Judicial Review Court often exercises this power Court often exercises this power Constitution is the Supreme law of the land Constitution is the Supreme law of the land  Article VI All legislative enactments are subordinate to the Constitution All legislative enactments are subordinate to the Constitution Judges are sworn to enforce the provisions of the Constitution Judges are sworn to enforce the provisions of the Constitution

39 Jurisdiction The Supreme Court has great power as the ultimate authority on constitutionality and as the arbiter of disputes between States and between States and the Federal Government The Supreme Court has great power as the ultimate authority on constitutionality and as the arbiter of disputes between States and between States and the Federal Government The Supreme Court has both original and appellate jurisdiction The Supreme Court has both original and appellate jurisdiction

40 Jurisdiction Original Jurisdiction is based on Article III Section 2 Original Jurisdiction is based on Article III Section 2  Cases to which a State is a party  Cases involving Ambassadors, other public Ministers, and Consuls

41 Jurisdiction Congress has provided that the Court shall have Exclusive and Original jurisdiction over: Congress has provided that the Court shall have Exclusive and Original jurisdiction over:  Ambassadors or other public Ministers  Cases between States Congress can control the appellate jurisdiction of the Supreme Court Congress can control the appellate jurisdiction of the Supreme Court

42 Jurisdiction Can remove any appellate jurisdiction that it wishes Can remove any appellate jurisdiction that it wishes But most of its cases are appeals But most of its cases are appeals Since 1925, the Supreme Court has had almost complete control over its own caseload Since 1925, the Supreme Court has had almost complete control over its own caseload

43 How Cases Reach the Court Over 6,000 cases are appealed to the Supreme Court each year Over 6,000 cases are appealed to the Supreme Court each year The Court will select only a few hundred to be heard The Court will select only a few hundred to be heard Under the “Rule of Four,” at least four justices must agree that the Court should hear a case before the case is selected for the Court’s docket Under the “Rule of Four,” at least four justices must agree that the Court should hear a case before the case is selected for the Court’s docket

44 How Cases Reach the Court The Court will dispose of half of the cases with a simple, brief, written statement The Court will dispose of half of the cases with a simple, brief, written statement The Court decides, with full opinions, only about 100 cases per year The Court decides, with full opinions, only about 100 cases per year Most cases reach the Court by writ of certiorari – an order to a lower court to send the record in a given case to the Supreme Court for its review Most cases reach the Court by writ of certiorari – an order to a lower court to send the record in a given case to the Supreme Court for its review

45 How Cases Reach the Court “Cert” is granted in only a limited number of cases “Cert” is granted in only a limited number of cases  Constitutional question When “Cert” is denied, the lower court ruling stands When “Cert” is denied, the lower court ruling stands A few cases reach the Court by “certificate” A few cases reach the Court by “certificate” Not clear about a rule of law Not clear about a rule of law

46 How Cases Reach the Court Most cases reach the supreme Court through the State Supreme Courts and the Federal Courts of Appeal Most cases reach the supreme Court through the State Supreme Courts and the Federal Courts of Appeal

47 The Supreme Court Chief Justice Chief Justice  John Roberts (Bush, 2005) Associate Justices Associate Justices  John Paul Stevens (Ford, 1975)  Antonin Scalia (Reagan, 1986)  Anthony Kennedy (Reagan, 1988)  David Souter (Bush, 1990)

48 The Supreme Court  Clarence Thomas (Bush, 1991)  Ruth Bader Ginsburg (Clinton, 1993)  Steven Breyer (Clinton 1994)  Samuel Alito, Jr. (Bush, 2006)

49 Chief Justice John Roberts

50 John Paul Stevens

51 Antonin Scalia

52 Anthony Kennedy

53 David Souter

54 Clarence Thomas

55 Ruth Bader Ginsburg

56 Steven Breyer

57 Samuel Alito, Jr.

58 The Supreme Court at Work The court term begins at 10:00 am on the first Monday in October The court term begins at 10:00 am on the first Monday in October The term will usually end in June or July The term will usually end in June or July Justices hear cases in two-week cycles Justices hear cases in two-week cycles Usually will hear oral arguments on Monday, Tuesday, Wednesday, and sometimes Thursday Usually will hear oral arguments on Monday, Tuesday, Wednesday, and sometimes Thursday

59 The Supreme Court at Work Each lawyer must be on the approved list to argue cases before the Supreme Court Each lawyer must be on the approved list to argue cases before the Supreme Court Each side receives thirty minutes to argue their case Each side receives thirty minutes to argue their case Justices can interrupt a lawyer at any time to ask questions about the case Justices can interrupt a lawyer at any time to ask questions about the case When the red light goes on, the period is over When the red light goes on, the period is over

60 The Supreme Court at Work Briefs are the main way that information is provided to the Justices. Briefs are the main way that information is provided to the Justices. Briefs, written documents supporting one side of a case, are submitted before oral arguments are heard Briefs, written documents supporting one side of a case, are submitted before oral arguments are heard May run into the hundreds of pages May run into the hundreds of pages Amicus curiae (friend of the court briefs) Amicus curiae (friend of the court briefs) Can only be filed with court’s permission Can only be filed with court’s permission

61 The Supreme Court at Work The Solicitor General represents the United States whenever the US is a party to a case The Solicitor General represents the United States whenever the US is a party to a case He or she decides which cases to appeal to the Supreme Court He or she decides which cases to appeal to the Supreme Court The present Solicitor General is Paul Clement The present Solicitor General is Paul Clement

62 The Supreme Court at Work The Conference: The Conference:  Done behind closed doors  No written records are kept of the proceedings  Chief Justice speaks first about the case and lays out his reasoning about the rule of law and how the case should be decided

63 The Supreme Court at Work  The next senior justice then speaks and gives his point of view  Then each justice in order of seniority  Once all justices have had their say, the last justice appointed to the court will vote.  Then each justice will vote in order of seniority

64 The Supreme Court at Work  The Chief Justice will vote last giving him the opportunity to break a tie, if necessary  Quorum for the Court is six  Majority is necessary for a decision to be rendered  4 of 6; 4 of 7; 5 of 8; 5 of 9

65 The Supreme Court at Work If the vote ends in a tie, the decision of the court that heard the case last, stands If the vote ends in a tie, the decision of the court that heard the case last, stands If the Chief Justice is in the majority, he will write the opinion of the court or will assign this to one of the majority voters If the Chief Justice is in the majority, he will write the opinion of the court or will assign this to one of the majority voters If Chief Justice is in the minority, the senior Justice in the majority will serve in this role If Chief Justice is in the minority, the senior Justice in the majority will serve in this role

66 The Supreme Court at Work Opinions that can be issued: Opinions that can be issued:  Opinion of the Court (Majority Opinion)  Outlines the court’s position and the reasoning for that position  Concurring Opinion  Justice agrees with the majority but for different reasons

67 The Supreme Court at Work  Dissenting Opinion  Justice believes that the Court erred in its ruling and here are the reasons why Stare decisis – let the decision stand Stare decisis – let the decision stand  Creates the rule of precedent Dissenting Opinion could be used to overturn some future case Dissenting Opinion could be used to overturn some future case

68 The Special Courts

69 The United States Claims Court The United States may be sued only if it gives its consent The United States may be sued only if it gives its consent  Sovereign Immunity The Claims Court hears cases from all over the country in which there are claims for damages against the Federal Government The Claims Court hears cases from all over the country in which there are claims for damages against the Federal Government Originally had to have a appropriation from Congress Originally had to have a appropriation from Congress

70 The United States Claims Court 1855 – Congress created the Claims Court 1855 – Congress created the Claims Court 16 judges serve 15 year terms 16 judges serve 15 year terms Paid when Congress appropriates the money Paid when Congress appropriates the money Can appeal to the Court of Appeals for the Federal Circuit Can appeal to the Court of Appeals for the Federal Circuit

71 The Territorial Courts Under the Constitution, Congress created courts for the nation’s territories Under the Constitution, Congress created courts for the nation’s territories These courts operate much like local courts in the State systems These courts operate much like local courts in the State systems

72 The Courts of the District of Columbia The District of Columbia has its own system of courts The District of Columbia has its own system of courts This system was set up by Congress This system was set up by Congress A Superior Court and Court of Appeals for the City A Superior Court and Court of Appeals for the City A District Court and a Court of Appeals as a part of the national system A District Court and a Court of Appeals as a part of the national system

73 The Court of Appeals for the Armed Forces The five judges of this court are civilians appointed to 15 year terms The five judges of this court are civilians appointed to 15 year terms This court hears appeals from court-martial convictions and is usually the court of last resort for members of the Armed forces This court hears appeals from court-martial convictions and is usually the court of last resort for members of the Armed forces  Military is under the UCMJ – Uniform Code of Military Justice  Created in 1950

74 The Court of Veterans Appeals The seven judges of the Court of Veterans Appeals are appointed by the President for 15 year terms The seven judges of the Court of Veterans Appeals are appointed by the President for 15 year terms They hear appeals from veterans who claim that the Veterans Administration has mishandled their cases They hear appeals from veterans who claim that the Veterans Administration has mishandled their cases  Created in 1988  Appeal to the C of A for the FC

75 The United States Tax Court The 19 judges of the Tax Court are appointed by the President to 12 year terms The 19 judges of the Tax Court are appointed by the President to 12 year terms The Tax Court hears only civil cases involving disputes over the application of tax laws The Tax Court hears only civil cases involving disputes over the application of tax laws  Created in 1969  Cases from the IRS or Treasury Dept.

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