1. Chapter 18 The Federal Court System

2. Section 1, The National Judiciary Objectives: Objectives: 1. Explain why the Constitution created a national judiciary, and describe its structure. 2. Identify the criteria that determine whether a case is within the jurisdiction of a federal court, and compare the types of federal court jurisdiction 3. Outline the process for appointing federal judges 4. List the terms of office for federal judges and explain how their salaries are determined. 5. Examine the roles of federal court officers

3. The National Judiciary In a reaction to a flaw in the Articles of Confederation, the Framers of the Constitution included a Judicial system in Article three of the Constitution In a reaction to a flaw in the Articles of Confederation, the Framers of the Constitution included a Judicial system in Article three of the Constitution The Constitution only provides for a Supreme Court and gives Congress the power to establish the inferior courts. The Constitution only provides for a Supreme Court and gives Congress the power to establish the inferior courts.

4. Dual Court System Federal Courts Federal Courts Supreme Court Supreme Court Inferior Courts Inferior Courts Constitutional Courts Constitutional Courts Special Courts Special Courts State Supreme Court State Courts Local Courts

5. Two Type of Courts 1. Special Courts Focused on the expressed powers of Congress such as Federal Claims court, Federal Tax court, United States Court of Military Appeals Focused on the expressed powers of Congress such as Federal Claims court, Federal Tax court, United States Court of Military Appeals 2. Constitutional Courts – The Judicial power of the United States or the courts formed under Article III. Also called the regular courts.

6. Jurisdiction The word jurisdiction is defined as the authority of a court to hear and decide a case. The word jurisdiction is defined as the authority of a court to hear and decide a case. The majority of court cases begin in the state courts. The majority of court cases begin in the state courts. The Federal Government has jurisdiction if The Federal Government has jurisdiction if 1. The subject matter is an interpretation of the Constitution or of a Federal statute (law) 2. Items dealing with the “high seas” or maritime law. The Parties Involved 1. Involves the U.S. government 2. Involves an ambassador, consul, or other public official from a foreign government. 3. States suing each other 4. A citizen of one state suing a citizen of another state 5. An American Government suing a foreign government 6. Land grants between states

7. Key Words Exclusive Jurisdiction Exclusive Jurisdiction Concurrent Jurisdiction Concurrent Jurisdiction Plaintiff Plaintiff Defendant Defendant Original Jurisdiction Original Jurisdiction Appellate Jurisdiction Appellate Jurisdiction

8. Appointment of Judges All federal judges are appointed by the President and approved by Congress for life terms except in the special courts which have time specific terms. All federal judges are appointed by the President and approved by Congress for life terms except in the special courts which have time specific terms. What is senatorial courtesy What is senatorial courtesy

9. Court Officers Clerk-Record Keeping Clerk-Record Keeping United States magistrate-Handles the daily legal affairs United States magistrate-Handles the daily legal affairs United States Attorney—Responsible for the prosecution of federal crimes and represent the U.S. in civil matters. United States Attorney—Responsible for the prosecution of federal crimes and represent the U.S. in civil matters. United States Marshalls—Responsible for riot control and arrest United States Marshalls—Responsible for riot control and arrest

10. Section 2, The Inferior Courts Objectives: Objectives: 1. Describe the structure and jurisdiction of the federal district courts 2. Describe the structure and jurisdiction of the federal courts of appeals 3. Describe the structure and jurisdiction of the two other constitutional courts.

11. The Inferior Courts The United States District Courts The United States District Courts Federal Trial Courts. Michigan has two, one in Detroit and one in Grand Rapids. Federal Trial Courts. Michigan has two, one in Detroit and one in Grand Rapids. The District Courts handle about 80% of the federal caseload. The District Courts handle about 80% of the federal caseload. Created by Congress in 1789, There are currently 94 district courts. 89 judicial districts in the 50 states, one in D.C. and one in Puerto Rico Created by Congress in 1789, There are currently 94 district courts. 89 judicial districts in the 50 states, one in D.C. and one in Puerto Rico

12. The Courts of Appeals Created by Congress in 1891. Created as gatekeepers to relieve the Supreme Court of the burden of hearing appeals from the district courts. Created by Congress in 1891. Created as gatekeepers to relieve the Supreme Court of the burden of hearing appeals from the district courts. 12 Courts of appeals that travel to the various districts. The U.S. is divided into 12 judicial circuits. 12 Courts of appeals that travel to the various districts. The U.S. is divided into 12 judicial circuits. Consist of 12 judges with at least three judges hearing an appeal. Consist of 12 judges with at least three judges hearing an appeal. Appellate Jurisdiction—Their decisions are final unless the Supreme Court agrees to hear the case. Appellate Jurisdiction—Their decisions are final unless the Supreme Court agrees to hear the case. See figure on page 514 See figure on page 514

13. Other Constitutional Courts The Court of International Trade The Court of International Trade The Court of Appeals for the Federal Circuit. Generally hears appeals from the special courts. Created in 1982 The Court of Appeals for the Federal Circuit. Generally hears appeals from the special courts. Created in 1982

14. Section 3, The Supreme Court Objectives: Objectives: 1. Define the concept of judicial review 2. Outline the scope of the Supreme Court’s jurisdiction 3. Examine how cases reach the Supreme Court 4. Summarize the way the Court operates

15. The Supreme Court The only court created by the Constitution. The only court created by the Constitution. The Supreme Court has the final word on the meaning of the Constitution and judicial review (Marbury v. Madison). The Supreme Court has the final word on the meaning of the Constitution and judicial review (Marbury v. Madison). Can the Supreme Court change its mind??? Can the Supreme Court change its mind??? It has both original and appellate jurisdiction. It has original and exclusive jurisdiction for the following cases: It has both original and appellate jurisdiction. It has original and exclusive jurisdiction for the following cases: those to which a state is a party of those to which a state is a party of those affecting ambassadors, other public ministers, and consuls. those affecting ambassadors, other public ministers, and consuls.

16. How a case gets to the Supreme Court Selection by the rule of four Selection by the rule of four Writ of certiorari—directs a lower court to send up the record in a given case for its review Writ of certiorari—directs a lower court to send up the record in a given case for its review By way of certificate. The lower court is unable to come to a decision. By way of certificate. The lower court is unable to come to a decision.

17. The Supreme Court at Work Oral Arguments Oral Arguments Briefs Briefs Solicitor General Solicitor General The Conference The Conference Opinions Opinions majority opinion majority opinion Concurring opinion Concurring opinion Dissenting opinion Dissenting opinion Precedent Precedent

18. Section 4: The Special Courts Objectives” Objectives” 1. Explain how a citizen may sue the government in the Court of Federal Claims 2. Examine the roles of the territorial courts and of the District of Columbia 3. Contrast the functions of the Court of Appeals for the Armed Forces and the Court of Appeals for Veterans Claims 4. Explain what types of cases are brought to the Tax Court

19. The Special Courts Created to rule on the Expressed Powers of the Constitution Created to rule on the Expressed Powers of the Constitution The U.S. Federal Claims Court The U.S. Federal Claims Court Claims against the United States cannot be made without the consent of Congress. Congress has established a “standard list” which the government is open to a suit. Claims against the United States cannot be made without the consent of Congress. Congress has established a “standard list” which the government is open to a suit.

20. More Special Courts The Territorial Courts The Territorial Courts Virgin Islands, Guam, and Northern Marianas Virgin Islands, Guam, and Northern Marianas The Courts of the District of Columbia The Courts of the District of Columbia Created because there are no state courts. Created because there are no state courts. The Court of Appeals for the Armed Forces The Court of Appeals for the Armed Forces The Court of Veterans Appeals The Court of Veterans Appeals Created in 1988 and is the newest federal court. This court hears cases in which individuals claim that the VA has denied or otherwise mishandled valid claims for veterans’ benefits. Created in 1988 and is the newest federal court. This court hears cases in which individuals claim that the VA has denied or otherwise mishandled valid claims for veterans’ benefits. The United States Tax Court The United States Tax Court Created in 1969. This court hears civil (not criminal) cases involving disputes over the application of tax laws Created in 1969. This court hears civil (not criminal) cases involving disputes over the application of tax laws

21. Can a Specific Group of People Lose Their Liberties Limited During Wartime? Read the argument on page 527 and decide for yourself Read the argument on page 527 and decide for yourself