Structure of the Court System Chapter 14

What the Constitution Says Article III creates the Supreme Court Does not specify how many justices Congress has specified 9 Article II gives Congress authority to create other courts and establish their jurisdiction

Types of Federal Courts Constitutional Court Exercises powers in Article III Judges are protected by Constitution District Courts - 94 Courts of Appeals (Circuit Courts) – 13 (11 districts plus 1 DC and 1 Federal Circuit Court) Specialized courts Court of International Trade Tax Court Legislative Court Created by Congress for specified purpose Court of Military Appeals

Selecting Federal Judges Constitutional Courts Serve for life Power of judicial review Nominated by President and confirmed by Senate Factors Affecting Nominations Senatorial courtesy Blue slip Not used in SC justice nominations Litmus test Grown in importance since rise of judicial activism

Original Jurisdiction Dual court system Which cases go where? Who hears the case first? Federal-question cases Article III & Amendment 11 list federal court jurisdiction Everything else is left to state courts Few cases are under dual jurisdiction Also called dual sovereignty doctrine Rodney King example Prevents one level of government from blocking prosecution who has sympathy at one level

Types of Cases Criminal Civil Court determines whether person accused of breaking a law is innocent or guilty Civil Court settles disputes between parties

Appeals Cases from state level courts and federal district courts can be appealed Therefore federal judges can overturn state court rulings when they didn’t have original jurisdiction Called appellate jurisdiction

Federal Original Jurisdiction Federal crimes Tax evasion, kidnapping, bank robbery Cases in which the federal government in a party Cases between people of different states in excess of $50,000 Cases directly involving Constitution and Amendments Cases in which a state is a party Cases involving admiralty and maritime law

Original Jurisdiction of the Supreme Court Two or more states U.S. and a state Foreign ambassadors and other diplomats State and a citizen of a different state (if begun by the state)

Appellate Jurisdiction of the Supreme Court Gets to choose which cases it hears Writ of certiorari “made more certain” If four justices agree to hear a case, the Court issues a “cert” Typically only choose cases where a significant constitutional question has been raised 2 or more federal circuit courts have decided the issue in 2 different ways Highest court in the state has held a federal law to be in violation of the Constitution

Getting to the Supreme Court The Court only hears about 4% of applications (about 100 per year) Could take several years Writ of certiorari costs $300 Lower court costs have already been spent In forma pauperis – Court hears your case for free Many interest groups willing to represent ACLU, ACLJ, NAACP

Fee Shifting Allows plaintiff to collect its costs from the defendant if the defendant loses Has increased recently Section 1983 of Chapter 42 of U.S. Code Allows a citizen to sue a state government official who has deprived the citizen of some constitutional right If he/she wins, they can collect money damages plus lawyer’s fees from the government

Standing To bring suit, you must have “standing” Must be entitled to bring forth a case Must be an actual controversy between real adversaries Must show you have been harmed

Class-Action Suits Case brought to suit by a person on behalf of all other persons in similar circumstances 1974 SC tightened control over these suits Will no longer hear class-actions seeking monetary damages unless every possible member of suit has been notified Except in civil rights class-action suits