The Federal Court System Chapter 18 The Federal Court System

Chapter 18 Section 1 Federal Court Intro

Federal Court Jurisdiction Jurisdiction is defined as the authority of a court to hear (to try and to decide) a case Article III, Section 2 of the Constitution provides that the federal courts may hear a case because either: (1) the subject matter or (2) the parties involved in the case. Chapter 18, Section 1

Types of Jurisdiction Exclusive and Concurrent Jurisdiction Exclusive jurisdiction- case can ONLY be heard at either federal or state level Concurrent jurisdiction – case can be heard at EITHER state or federal level Original and Appellate Jurisdiction Original jurisdiction – case is heard for the first time Appellate jurisdiction – case is heard on appeal from a lower court – review that no mistake was made The Supreme Court exercises both original and appellate jurisdiction Chapter 18, Section 1

Constitutional Courts Chapter 18 Section 2 Constitutional Courts

S E C T I O N 2 Constitutional Courts Lower federal constitutional courts beneath Supreme Court U.S. District Courts – hears most fed. cases Court of Appeals Court of International Trade Court of Appeals for the Federal Circuit Chapter 18, Section 2

Federal District Courts 94 Federal District Courts through U.S. 632 Judges serve in these courts Basic trial court for the Federal court system Original jurisdiction only Hears both: Criminal cases Prosecution v. Defendant Beyond a reasonable doubt Civil cases Plaintiff v. Defendant Preponderance of evidence Chapter 18, Section 2

The Courts of Appeals “Gatekeeper” to Supreme Court Appellate Court Judges 179 circuit judges sit in the 12 appeals courts 3 judge panels Supreme Court justice is assigned to each of circuit Appellate Court Jurisdiction Appellate jurisdiction only Chapter 18, Section 2

How Federal Cases Are Appealed Chapter 18, Section 2

Chapter 18 Section 3 Supreme Court

Supreme Court Jurisdiction ONLY court with original & appellate jurisdiction Original jurisdiction over some cases with two or more States and all cases brought against ambassadors or other public ministers – 1 or 2 per year Most cases heard are on appeals Chapter 18, Section 3

How Cases Reach the Supreme Court RULE OF FOUR Writ of Certiorari Order to a lower court to send a record in a given case for its review Most common route Certificate Lower court asks for the Court to certify the answer to a specific question in the matter Chapter 18, Section 3

How the Supreme Court Operates Court in Conference Chief Justice presides over a closed-door conference in which justices present their views on the case at hand Briefs Written documents filed with the Court before oral arguments begin Amicus Curiae – 3rd party briefs Oral Arguments Once the Supreme Court accepts a case, it sets a date on which lawyers on both sides will present oral arguments Chapter 18, Section 3

Opinions of the Court Once the Court finishes its conference, it reaches a decision and its opinion is written. Judicial opinion agreed to by more than half of the members of a court. It sets forth the decision of the court and an explanation of the rationale behind the court's decision. Precedent is a principle or rule established in a previous legal case that is either binding for a court when deciding later cases with similar issues or facts. Written opinion by one or more judges who agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision. Opinion written by one or more judges expressing disagreement with the majority. Can be used in the future to make agreements to change. Chapter 18, Section 3

Chapter 18 Section 4 Special Courts

Types of Federal Courts 1. Constitutional Courts Supreme Court, District Courts Broad jurisdiction 2. Special Courts Created to hear certain types of cases Narrow jurisdiction

U.S. Federal Claims Court Hears all civil suits against U.S. 16 judges have 15 year terms Congress must approve money before a claim can be paid

United States Tax Court Est. in 1969 19 judges serve 15 year terms Civil cases over tax law, not criminal Most cases come from IRS or Treasury Dept.

Court of Appeals for Veteran Claims Created in 1988, newest court 7 judges serve 15 years Hears appeals from the Board of Vet. Appeals in Dept of Vet. Affairs

Courts to choose from U.S. Supreme Court U.S. Court of Appeals Federal District Court Special Courts (Choose one) Federal Claims Court Tax Court Court of Appeals for Veteran Claims State Courts (Choose one) State Supreme Court State Appeals Court State Trial Court