CHAPTER 18 FEDERAL COURT SYSTEM

Alexander Hamilton, Federalist 22 “Laws are a dead letter without courts to expound and define their true meaning and operation”

Article 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.”

Article I, Section 8, Clause 9 Congress has the expressed power “to constitute tribunals inferior to the Supreme Court.”

DUAL COURT SYSTEM (Federalism) 1) National Judiciary (Federal Court System): 100+ courts a. Supreme Court b. Constitutional courts c. Special courts 2) State Judiciary: 1000s of courts State courts hear most of the cases.

Federal vs. State Courts

Judicial Branch Courts

FEDERAL COURTS These are “inferior” courts (lower than Supreme Court). TWO TYPES 1. CONSTITUTIONAL COURTS Hear more cases than special courts Created out of Article III power Include 94 District Courts, 12 Court of Appeals, US Court of International Trade, US Court of Appeals for Federal Circuit AKA “Regular Courts”, “Article III Courts”

FEDERAL COURTS CONTINUED 2. SPECIAL COURTS *Have been created by Congress to deal with cases arising out of one of Congress’ expressed powers *AKA “Legislative Courts” or “Article I Courts” *Include US Court of Federal Claims, Territorial Courts, Courts of the District of Columbia, US tax Court, US Court of Appeals for Armed Forces, US Court of Appeals for Veterans Claims

Special Courts, continued Include: 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 (any violation of federal tax laws) 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)

JURISDICTION Definition: The authority or subject area that a court can hear a case about. Example: Break a federal law, go to a federal court (robbing a bank). Example: Break a state law, go to a state court (speeding).

Types of Jurisdiction 1) Exclusive Jurisdiction - cases that can only be heard in Federal Courts. Federal Crimes Examples: patents & copyright violations bank robbery cases involving ambassadors kidnapping presidential assassination killing a police officer destroying a mailbox-$1000 fine)

Types Of Jurisdiction, continued 2) Concurrent Jurisdiction – cases can be tried in either federal or state court. Most common concurrent jurisdiction is Diverse Citizenship: dispute involving citizens of different states Can go to Federal District Courts if over $75,000 is involved in the case Trial can be moved to a Federal court defendant wants it out of plaintiff’s state Example: Land dispute between people from different states.

CHRONOLOGY of Jurisdiction 1) Original jurisdiction - court where case is 1st heard 2) Appellate jurisdiction – court where case is heard 2nd, 3rd, 4th, etc. (on appeal from lower court)

Jurisdiction * Of the Federal Courts 1. US Supreme court has original and appellate 2. US Appeals courts have appellate 3. US District courts have original *

APPOINTING JUDGES Article II, Section II, Clause II – Supreme Court appointment process Says that “the President shall nominate and by and with the advice and consent of the Senate shall appoint…Judges of the Supreme Court.”

Appointing Judges, Continued What if a state needs a new federal judge? President asks the senior senator, from the state, to recommend 3 candidates Senatorial Courtesy – President will typically choose that senator’s 1st choice Example: In Indiana, Obama would ask Dan Coats because he is the senior senator from Indiana

TERM and SALARY For Constitutional Courts – LIFE Until judge resigns, retires, or dies Can 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.

Court Officers US Magistrates officers of the court who are appointed to 8-year terms What they do: issue arrest warrants set bail reduce the workload for the judges

Court Officers US Attorney: each Federal District President nominates and Senate approves Government’s prosecutors (lawyers) Represent government in all civil actions brought by or against the government in their district 4-year term If I’m charged with breaking a federal law… it would be the US v. Sprunger

Court Officers, continued U.S. Marshall Could arrest you for breaking a federal law or deliver you a warrant for breaking a federal law Deals with riots, mobs, etc. 4-year term sent by Magistrate to arrest people

Courts below the Supreme Court THE INFERIOR COURTS Courts below the Supreme Court

Federal Judicial Districts Include at least one district in each State, the District of Columbia and Puerto Rico Larger, more populous states are divided into 2 or more districts 2 judges assigned to each district (at least) Cases tried in district courts heard by 1 judge usually

DISTRICT COURT JURISDICTION Original jurisdiction Making them the principal trial courts in the federal court system Criminal cases – when a defendant is tried for committing some action that Congress has declared by law to be a federal crime Civil cases – noncriminal matter, terms of contract, e.g

District Court Cases Bank robbery Mail fraud Counterfeiting Tax evasion Bankruptcy Civil rights

Court of Appeals Created by Congress in 1892 Relieves the Supreme Court of burden of hearing all appeals Currently 12 courts of appeals 179 circuit judges

U.S. COURTS OF APPEALS D.C And Federal Circuit Make 13

Appellate Court Jurisdiction Hear cases on appeals from lower federal courts Also hear appeals from several federal regulatory agencies like the Federal Trade Commission, the national labor Relations Board 55,000 cases a year

Court of International Trade Created in 1890 9 judges Civil cases arising out of tariff and other trade-related laws Panels of 3 Trials often held at major port cities