Wilson 16B.  Supreme Court  Required by Article III  Lower Federal Courts  Created by Congress ▪ Constitutional ▪ 94 districts ▪ 12 appellate ▪ Legislative.

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Presentation transcript:

Wilson 16B

 Supreme Court  Required by Article III  Lower Federal Courts  Created by Congress ▪ Constitutional ▪ 94 districts ▪ 12 appellate ▪ Legislative  Much increased in number

 Party effect  Ideology  Facts of the case  Prior rulings  Lawyers’ arguments  Senatorial courtesy  “Blue slip”  Not for Supreme Court  “Litmus Test”

 Dual court system  Federal – from Constitution ▪ Federal-question cases ▪ Diversity cases  State – all else  Dual sovereignty doctrine  Each level has the right to enact laws serving its own purpose  Neither level wants the other to block prosecution

 Most start in federal districts  Petition for repeal  Writ of certiorari  Lawyers submit briefs  Oral arguments  Amicus curiae  Conference  Closed debate  Vote and opinion

 Filing is easy and cheap  Standing – one is entitled to bring a case  Sovereign immunity – cannot sue government without consent  Process is long and expensive  In forma pauperis  Fee shifting  Class action suits