2Alexander Hamilton, Federalist 22 “Laws are a dead letters without courts to expound and define their true meaning and operation”
3Article 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.”
4Article I, Section 8, Clause 9 Congress has the expressed power “to constitute tribunals inferior to the Supreme Court.”
5DUAL COURT SYSTEM (Federalism) 1) National Judiciary (Federal Court System):100+ courtsa. Supreme Courtb. Constitutional courtsc. Legislative (Special) courts2) State Judiciary:1000s of courtsState courts hear most cases (about 98% of criminal cases in U.S.)
8FEDERAL COURTS Inferior courts (lower than Supreme Court). TWO TYPES:CONSTITUTIONAL COURTSHear more cases than “special” courtsCreated out of Article III powerInclude 94 District Courts, 12 Circuit Courts of Appeals, US Court of Appeals for Federal Circuit, US Court of International TradeAKA “Regular Courts”, “Article III Courts”
10FEDERAL COURTS CONTINUED 2) SPECIAL COURTS*Created by Congress to deal with cases arising out of one of Congress’ expressed powers.Narrower in focus than “regular” courts.*AKA “Legislative Courts” or “Article I Courts”*Includes: US Tax Court; Territorial Courts;Courts of the District of Columbia;US Court of Federal Claims;US Court of Appeals for Armed Forces; US Court of Appeals for Veterans Claims
11Special Courts, continued 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 (civil cases involving IRS)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)
12JURISDICTION A court’s authority to hear a case. Definition of Jurisdiction:A court’s authority to hear a case.Example: Break a federal law, go to a federal court (robbing a bank).Example: Break a state law, go to a state court (speeding).
13Types of JurisdictionExclusive Jurisdiction - cases that can only be heard in Federal Courts.Federal CrimesExamples: cases involving foreign ambassadors, bank robbery, counterfeiting, kidnapping, presidential assassination, killing a police officer, destroying a mailbox, etc.
14Types of Jurisdiction (Exclusive Jurisdiction continued) Cases that involve Federal laws or acts of CongressExample: violations of patents and copyrights.
15Types Of Jurisdiction, continued 2) Concurrent Jurisdiction – cases can be tried in either federal or state court.Common type:“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: Property dispute between people from different states.)
16CHRONOLOGY of Jurisdiction 1) Original jurisdiction - court where case is 1st heard. (District Courts are “point of entry”)2) Appellate jurisdiction – court where case is heard 2nd or more times (on appeal from lower court.)
18Jurisdiction Of the Federal Courts – 1. U.S Supreme court has original and appellate2. U.S Appeals courts have appellate3. U.S District courts have original
19US Courts of Appeals US District Courts Supreme Court9 JusticesD.C.Fewest cases(80-150/year)Original and appellateUS Courts of Appeals12 Circuit Courts3 judge panelAppellate jurisdictionUS District Courts94 CourtsMost casesOriginal JurisdictionJudge and juryJury types: grand – indictspetit - determines guilt or innocenceSee chart on pg #306 in textbook
20APPOINTING JUDGES Supreme Court appointment process: Article II, Section II, Clause II says that “the President shall nominate and by and with the advice and consent of the Senate shall appoint…Judges of the Supreme Court.”
21Appointing Judges, Continued Senator(s) of President’s party from state that needs federal judge(s) will be asked to recommend candidates.Senatorial Courtesy – President will typically appoint senator’s 1st choice. A nomination opposed by the affected state’s senators will not be confirmed by the Senate.
22TERM and SALARY Term on Constitutional Courts – LIFE Until judge resigns, retires, or diesCan 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 comparable to U.S. Senators, Representatives, and the Vice President.)
23Court OfficersClerks, bailiffs, court reporters, stenographers, probation officers, othersUS Magistrates – officers of the court who are appointed to 8-year terms to handle arrest warrants, set bail, and generally reduce the workload for the judges
24Court Officers US Attorney for each Federal District President nominates and Senate approvesThey are the government’s prosecutors (lawyers)Work with the FBI, bring to trial people charged with federal crimesRepresent government in all civil actions brought by or against the government in their district4-year termThe United States is the prosecutor in federal criminal cases--if I break a federal law, it would be U.S. v Flinchum
25Court Officers, continued U.S. MarshallSent by magistrate to arrest persons for breaking a federal law or to deliver a warrant for breaking a federal lawProtects the courtDeals with riots, mobs, terrorists, etc.4-year term
27Courts below the Supreme Court THE INFERIOR COURTSCourts below the Supreme Court
28DISTRICT COURTS Approximately 632 judges Handle about 300,000 cases a yearCreated by Congress in the Judiciary Act of 1789Currently 94 district courts
29Federal Judicial Districts Include at least one district in each State, the District of Columbia and Puerto RicoLarger, more populous states are divided into 2 or more districts2 judges assigned to each district (at least)Cases tried in district courts usually heard by 1 judge
30DISTRICT COURT JURISDICTION Original jurisdictionPrincipal trial courts in the federal court systemCriminal cases – when a defendant is tried for committing some action that Congress has declared by law to be a federal crimeCivil cases – noncriminal matter: bankruptcy, terms of contract, etc.
31District Court Cases Bank robbery Mail fraud Counterfeiting Tax evasionBankruptcyCivil rights
32Court of Appeals Created by Congress in 1892 Relieves the Supreme Court of burden of hearing all appealsCurrently 12 courts of appeals (regional circuits)179 circuit judgesKY is 6st CircuitOur district includes MI, OH, TN
33U.S. COURTS OF APPEALSD.CAndFederalCircuitMake 13
34Appellate Court Jurisdiction Hear cases on appeals from lower federal courts. May uphold, overrule, or modify lower court decisions. (about 55,000 cases a year)Also hear appeals from several federal regulatory agencies like the Federal Trade Commission or the National Labor Relations Board.There is no trial—judges look for errors in procedure or law.
35Court of International Trade Created in 18909 judges (Panels of 3)Civil cases arising out of tariff and other trade-related lawsTrials often held at major port cities