Chapter 8 NOTES The Federal Court System In The United States

 The Federal Court System  The development of the Federal Courts- in the early days of the US, under the Articles of Confederation there was not a federal court system. When the Constitution was ratified, Article 3 provided for a national court system.  The Federal Court System  The development of the Federal Courts- in the early days of the US, under the Articles of Confederation there was not a federal court system. When the Constitution was ratified, Article 3 provided for a national court system.

 Federal Jurisdiction (Exclusive)  Jurisdiction- is the authority to judge and hear a case. It involves what kind, and what types of cases can be heard in federal court.  Types of cases that involve federal jurisdiction  Any violation of the US Constitution  Cases involving federal laws, ex. Bank robbery, hijacking, kidnapping, and counterfeiting.  Crimes involving US ships.  Cases involving the US government.  To settle disputes between the states.  To settle controversies between citizens of different states.  To settle disputes with foreign governments.  Actions with US ambassadors and foreign diplomats.  Federal Jurisdiction (Exclusive)  Jurisdiction- is the authority to judge and hear a case. It involves what kind, and what types of cases can be heard in federal court.  Types of cases that involve federal jurisdiction  Any violation of the US Constitution  Cases involving federal laws, ex. Bank robbery, hijacking, kidnapping, and counterfeiting.  Crimes involving US ships.  Cases involving the US government.  To settle disputes between the states.  To settle controversies between citizens of different states.  To settle disputes with foreign governments.  Actions with US ambassadors and foreign diplomats.

 Types of jurisdiction  Exclusive Jurisdiction – is the right for cases to start at the federal level  Original Jurisdiction- Federal District Court, Where a federal case begins. It is the trial court for all federal cases.  Appellate Jurisdiction- US Court of Appeals, and the US Supreme Court, these courts hear cases appealed from the US district Court only.  Concurrent Jurisdiction- Shared jurisdiction between the Federal courts and the State courts.  Types of jurisdiction  Exclusive Jurisdiction – is the right for cases to start at the federal level  Original Jurisdiction- Federal District Court, Where a federal case begins. It is the trial court for all federal cases.  Appellate Jurisdiction- US Court of Appeals, and the US Supreme Court, these courts hear cases appealed from the US district Court only.  Concurrent Jurisdiction- Shared jurisdiction between the Federal courts and the State courts.

Federal Court Structure

 The Federal District Court- The lowest level Federal Court. All Federal cases must start hear.  There are a total of 94 District Courts in the US. There is one located in Charlotte on Trade Street. We are part of the Western District.  If you break federal law, you are tried in Federal District Court  Some examples are: Kidnapping, counterfeiting, and Bank robbery.  The District Court is the only federal court with a jury.  Each case is heard by one judge, and the judge sets the punishment or fine. All federal judges are appointed by the President, and confirmed by the Senate. They serve a lifetime term until death, resignation, or impeachment.  The Federal District Court- The lowest level Federal Court. All Federal cases must start hear.  There are a total of 94 District Courts in the US. There is one located in Charlotte on Trade Street. We are part of the Western District.  If you break federal law, you are tried in Federal District Court  Some examples are: Kidnapping, counterfeiting, and Bank robbery.  The District Court is the only federal court with a jury.  Each case is heard by one judge, and the judge sets the punishment or fine. All federal judges are appointed by the President, and confirmed by the Senate. They serve a lifetime term until death, resignation, or impeachment. Federal Courts

 The US District Attorney is the government ’ s lawyer. They must prove guilt beyond a reasonable doubt to convict the defendant.  The US Marshal serves as the security in the District Courts. They can arrest suspects, deliver suspects to court, and issue subpoenas.  The US District Attorney is the government ’ s lawyer. They must prove guilt beyond a reasonable doubt to convict the defendant.  The US Marshal serves as the security in the District Courts. They can arrest suspects, deliver suspects to court, and issue subpoenas.

 The US Court of Appeals  Cases do not start here. Only appeal cases from the US District Court or state supreme courts are heard here.  There are 12 US Court of Appeals in the US. NC is located in the 4 th Judicial Circuit; the court is located in Richmond Virginia.  Each circuit has from 6 to 27 judges, depending on the size. For each case 3 judges hear the case and rule on it. There is not a jury trial at the US Court of Appeals.  The judges do not rule on guilt or innocence. They rule on the law. They can uphold the lower courts decision, overturn the lower court decision, or remand the case back to the lower court for a new trial.  If you do not like the decision of the Appeals court you can take your case to the Supreme Court.  The US Court of Appeals  Cases do not start here. Only appeal cases from the US District Court or state supreme courts are heard here.  There are 12 US Court of Appeals in the US. NC is located in the 4 th Judicial Circuit; the court is located in Richmond Virginia.  Each circuit has from 6 to 27 judges, depending on the size. For each case 3 judges hear the case and rule on it. There is not a jury trial at the US Court of Appeals.  The judges do not rule on guilt or innocence. They rule on the law. They can uphold the lower courts decision, overturn the lower court decision, or remand the case back to the lower court for a new trial.  If you do not like the decision of the Appeals court you can take your case to the Supreme Court.

12 judicial Circuits

The US Supreme Court

 The US Supreme Court  The Supreme Court is the highest court in the US. Its decision is final, what they say is law.  The Supreme Court has both original and appellate jurisdiction. Most cases heard by the Supreme Court are heard through the appeal process. Cases involving disputes between states make up most of the original jurisdiction cases.  They meet in Washington, DC in the Supreme Court building. They meet from October through June.  Their monthly schedule- they hear cases in the first 2 weeks of the month. They issue their decisions usually during the last 2 weeks of the month. Each side is given 30 minutes to argue its case  The US Supreme Court  The Supreme Court is the highest court in the US. Its decision is final, what they say is law.  The Supreme Court has both original and appellate jurisdiction. Most cases heard by the Supreme Court are heard through the appeal process. Cases involving disputes between states make up most of the original jurisdiction cases.  They meet in Washington, DC in the Supreme Court building. They meet from October through June.  Their monthly schedule- they hear cases in the first 2 weeks of the month. They issue their decisions usually during the last 2 weeks of the month. Each side is given 30 minutes to argue its case

Court Procedure  A plaintiff appeals a lower court decision  If the court agrees to hear the case they ask for a Writ of Certiorari.  Each attorney files a brief.  After reading the Brief, each side has 30 minutes to present their case. This is called oral Arguments.  After hearing the oral arguments the Justices meet in chamber to decide the case.  The Justices will then release the decision in the form of an opinion.  A plaintiff appeals a lower court decision  If the court agrees to hear the case they ask for a Writ of Certiorari.  Each attorney files a brief.  After reading the Brief, each side has 30 minutes to present their case. This is called oral Arguments.  After hearing the oral arguments the Justices meet in chamber to decide the case.  The Justices will then release the decision in the form of an opinion.

 There are a total of 9 judges on the Supreme Court. They are called Justices. All are appointed by the President and confirmed by the Senate.  There are about 6000 cases appealed to the Court each year, but they only hear about 150 cases. Cases are heard by the “ Rule of Four ”.  The Chief Justice runs the Court. Currently the Chief Justice is John Roberts he makes 202,900 dollars a year.  Associate justices make 194,200 dollars a year. Currently there are 8 men and 1 woman on the Court. There is only one minority, an African American named Clarence Thomas.  There are a total of 9 judges on the Supreme Court. They are called Justices. All are appointed by the President and confirmed by the Senate.  There are about 6000 cases appealed to the Court each year, but they only hear about 150 cases. Cases are heard by the “ Rule of Four ”.  The Chief Justice runs the Court. Currently the Chief Justice is John Roberts he makes 202,900 dollars a year.  Associate justices make 194,200 dollars a year. Currently there are 8 men and 1 woman on the Court. There is only one minority, an African American named Clarence Thomas.

 Judicial Review- is the Supreme Courts ability to review and rule a law as unconstitutional. This power was established in the case of Marbury v. Madison (1803).  A Brief is a written summary of the lower courts decision. These are prepared by the lawyers representing each side in the case. The justices read each brief in order to prepare to rule on the case.  A Writ of Certiorari- this is a petition filed by an individual or a lawyer asking the Supreme Court to hear their appeal. This is how most cases go to the Supreme Court. This action directs the lower courts to send their records to the Supreme Court.  Judicial Review- is the Supreme Courts ability to review and rule a law as unconstitutional. This power was established in the case of Marbury v. Madison (1803).  A Brief is a written summary of the lower courts decision. These are prepared by the lawyers representing each side in the case. The justices read each brief in order to prepare to rule on the case.  A Writ of Certiorari- this is a petition filed by an individual or a lawyer asking the Supreme Court to hear their appeal. This is how most cases go to the Supreme Court. This action directs the lower courts to send their records to the Supreme Court.

From States to The Federal Courts

 The decision of the Court affects the entire country. What they say is law.  Majority opinion, is the decision of the Supreme Court. This decision can change current laws.  Dissenting opinion – If a Justice dislikes the decision they will write a dissent. They do this to give their opinion and to try to influence future courts decisions.  Concurring Opinion – This opinion is in agreement with the majority, but for different reasons.  If there is a tie vote the lower courts decision stands  The decision of the Court affects the entire country. What they say is law.  Majority opinion, is the decision of the Supreme Court. This decision can change current laws.  Dissenting opinion – If a Justice dislikes the decision they will write a dissent. They do this to give their opinion and to try to influence future courts decisions.  Concurring Opinion – This opinion is in agreement with the majority, but for different reasons.  If there is a tie vote the lower courts decision stands

 Famous Justices  John Jay- the first Chief Justice  John Marshall- he established judicial review. Probably the most influential justice of all time.  William Howard Taft- the only former President to serve as a justices  Thurgood Marshall- the first African American justice, he was selected to the court in  Sandra Day O ’ Conner- the first woman appointed to the court, she was appointed in 1980 by Ronald Reagan.  Famous Justices  John Jay- the first Chief Justice  John Marshall- he established judicial review. Probably the most influential justice of all time.  William Howard Taft- the only former President to serve as a justices  Thurgood Marshall- the first African American justice, he was selected to the court in  Sandra Day O ’ Conner- the first woman appointed to the court, she was appointed in 1980 by Ronald Reagan.