1. The Federal Courts

2. Lesson Objectives Understand the organization, staffing and function of the federal court system Understand the organization, staffing and function of the federal court system Know the primary bases for federal court jurisdiction Know the primary bases for federal court jurisdiction Learn about the differences between Article I and Article III courts Learn about the differences between Article I and Article III courts Understand how federal judges are selected Understand how federal judges are selected Learn the process by which most cases reach the United States Supreme Court Learn the process by which most cases reach the United States Supreme Court

3. Federal vs. State Courts Federal and state courts are separate systems Federal and state courts are separate systems Both systems involve civil and criminal litigation Both systems involve civil and criminal litigation Cases that begin in state court may be “removed” to federal court under certain circumstances Cases that begin in state court may be “removed” to federal court under certain circumstances Civil cases can be filed or removed to federal court based on (1) diversity of citizenship or (2) the existence of a “federal question” Civil cases can be filed or removed to federal court based on (1) diversity of citizenship or (2) the existence of a “federal question”

4. Constitutional Basis for Federal Courts Two separate types of courts Article III and Art. 1, sec. 8., cl. 9: Two separate types of courts Article III and Art. 1, sec. 8., cl. 9: Article III: “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 III: “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.” Art. I, sec. 8, cl. 9—Congress is given power to “constitute tribunals inferior to the supreme Court” Art. I, sec. 8, cl. 9—Congress is given power to “constitute tribunals inferior to the supreme Court” Article I courts: “legislative” courts and administrative agencies Article I courts: “legislative” courts and administrative agencies Article III courts: “judicial” courts Article III courts: “judicial” courts

5. Original vs. Appellate Jurisdiction The Supreme Court is given original (trial) jurisdiction in “all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party.” The Supreme Court is given original (trial) jurisdiction in “all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party.” Marbury v. Madison—judicial review Marbury v. Madison—judicial review Otherwise, the Supreme Court has appellate jurisdiction (right to hear/decide appeals) Otherwise, the Supreme Court has appellate jurisdiction (right to hear/decide appeals) What vital principle of law was confirmed by Marbury v. Madison? What vital principle of law was confirmed by Marbury v. Madison?

6. Selection of Federal Judges All federal judges of Article III courts are appointed by the President with “advice and consent” of the Senate All federal judges of Article III courts are appointed by the President with “advice and consent” of the Senate Senatorial courtesy applies! Senatorial courtesy applies! Judges serve “on good behavior” Judges serve “on good behavior” May be impeached May be impeached Rationale: independent judiciary; apply the law without regard to job security or political considerations Rationale: independent judiciary; apply the law without regard to job security or political considerations

7. Basic Structure of the Federal Courts Trial courts: United States District Courts Trial courts: United States District Courts 94 federal judicial districts (large states such as NY, California, and Texas have multiple districts) 94 federal judicial districts (large states such as NY, California, and Texas have multiple districts) All states (plus D.C., Puerto Rico, Virgin Islands, and Guam) have at least one USDC All states (plus D.C., Puerto Rico, Virgin Islands, and Guam) have at least one USDC Each USDC also includes a bankruptcy court Each USDC also includes a bankruptcy court

8. Basic Structure (cont.) Specialized trial courts: Specialized trial courts: Court of International Trade—hears trade and customs cases (Article III court) Court of International Trade—hears trade and customs cases (Article III court) U.S. Court of Federal Claims—hears claims for money damages and various other claims against the United States (Article I court) U.S. Court of Federal Claims—hears claims for money damages and various other claims against the United States (Article I court)

9. Basic Structure (cont.) Appellate Courts: U.S. Courts of Appeals Appellate Courts: U.S. Courts of Appeals 94 judicial districts are organized into 12 regional circuits, each with a court of appeals 94 judicial districts are organized into 12 regional circuits, each with a court of appeals Courts of Appeal hear appeals from USDC and from rulings by administrative agencies/Article I courts Courts of Appeal hear appeals from USDC and from rulings by administrative agencies/Article I courts Montana is in the 9 th Circuit Court of Appeals Montana is in the 9 th Circuit Court of Appeals A 13 th court, the U.S. Court of Appeals for the Federal Circuit, has “nationwide” jurisdiction to hear appeals from Court of International Trade and Court of Federal Claims A 13 th court, the U.S. Court of Appeals for the Federal Circuit, has “nationwide” jurisdiction to hear appeals from Court of International Trade and Court of Federal Claims

10. Basic Structure (cont.) United States Supreme Court United States Supreme Court Chief Justice of the United States Chief Justice of the United States 8 associate justices 8 associate justices Limited original jurisdiction—what two types of cases? Limited original jurisdiction—what two types of cases? Discretionary appellate jurisdiction Discretionary appellate jurisdiction Most cases reach the Supreme Court via applications for “writ of certiorari” Most cases reach the Supreme Court via applications for “writ of certiorari” Supreme Court cases usually involve important questions about the Constitution or federal law Supreme Court cases usually involve important questions about the Constitution or federal law Conflicts between state and federal law, or among circuits Conflicts between state and federal law, or among circuits Usually less than 150 cases per term Usually less than 150 cases per term

11. Map of Circuit Boundaries

12. Judicial Terminology Brief—statement of the case and arguments submitted by parties to the case Brief—statement of the case and arguments submitted by parties to the case Amicus curiae—”friend of the court” … briefs submitted by non-parties who may be affected Amicus curiae—”friend of the court” … briefs submitted by non-parties who may be affected Majority opinion—the opinion that states the actual decision and reasoning of the majority Majority opinion—the opinion that states the actual decision and reasoning of the majority Dissenting opinion—opinion written by one or more justices who disagree Dissenting opinion—opinion written by one or more justices who disagree Concurring opinion—written by justice(s) who agree with result, but for different reasons Concurring opinion—written by justice(s) who agree with result, but for different reasons Stare decisis—”let the decision stand” Stare decisis—”let the decision stand” Precedent—decision in earlier cases serves as a guide in deciding future cases on similar issues Precedent—decision in earlier cases serves as a guide in deciding future cases on similar issues

13. Appeals A losing civil litigant is entitled to appeal to the Circuit Court of Appeals for the district in question A losing civil litigant is entitled to appeal to the Circuit Court of Appeals for the district in question A convicted criminal defendant also has a right to appeal A convicted criminal defendant also has a right to appeal If the government loses a criminal prosecution, there is no general right of appeal If the government loses a criminal prosecution, there is no general right of appeal

14. How Can Cases Reach the Supreme Court? The most common method is by application for writ of certiorari The most common method is by application for writ of certiorari Means “to make more certain” Means “to make more certain” Requires the lower court to certify the record and send it up for review Requires the lower court to certify the record and send it up for review Law clerks play an important role! Law clerks play an important role! 4 “yes” votes required; may later be vacated as “improvidently granted” 4 “yes” votes required; may later be vacated as “improvidently granted” Primer on Supreme Court procedures: http://www.abanet.org/publiced/preview/scprim er.pdf Primer on Supreme Court procedures: http://www.abanet.org/publiced/preview/scprim er.pdf http://www.abanet.org/publiced/preview/scprim er.pdf http://www.abanet.org/publiced/preview/scprim er.pdf

15. Flowchart for Supreme Court Cases

16. Assessment Questions What are the three primary “levels” within the federal court system? What are the three primary “levels” within the federal court system? What are the two primary bases for federal court jurisdiction? What are the two primary bases for federal court jurisdiction? How do Article I courts differ from Article III courts? How do Article I courts differ from Article III courts? Describe the process by which federal judges in Article III courts are selected. Describe the process by which federal judges in Article III courts are selected. What is the primary method by which cases reach the U.S. Supreme Court? What is the primary method by which cases reach the U.S. Supreme Court? About what percentage of cases it is asked to review does the U.S. S. Ct. actually review? About what percentage of cases it is asked to review does the U.S. S. Ct. actually review?