1. The Federal Court System
Chapter 18

2. Court Systems
The federal court system is made up of the Supreme Court and the lower federal courts.
Federal courts get their powers from the Constitution and federal laws.
All 50 states also have their own state court systems. Their powers come from their state constitutions and state laws.

3. Jurisdiction of the Courts
The authority of the courts to hear certain cases is called jurisdiction.
The U.S. has a dual court system.
State courts have jurisdiction over cases involving state laws.
Federal courts have jurisdiction over cases involving federal laws, treaties w/ other countries, constitutional interpretation, bankruptcy, and maritime law.

4. Jurisdiction of the Courts
Sometimes powers of the state and federal courts overlap.
Federal Courts hear cases that involve:
1. Ambassadors and representatives of foreign governments
2. Two or more state governments
3. The U.S. government or one of its offices or agencies
4. Citizens of different states
5. A state and a citizen of another state
6. Citizens of the same state claiming lands under grants of different states
7. A state or its citizens and a foreign country or its citizens

5. Jurisdiction of the Courts
In some cases both the federal and state courts both have jurisdiction, this is called concurrent jurisdiction.
The court in which a case is originally tried is a trial court. It has original jurisdiction.
District courts and several other lower courts have only original jurisdiction.

6. Jurisdiction of the Courts
A person who loses their case in trial court may wish to appeal a decision. Then he or she can take the case to a court with appellate jurisdiction.
The federal court system has courts of appeals with appellate jurisdiction.
If the party loses in the court of appeals, he or she may appeal the case to the Supreme Court.
The Supreme Court has original and appellate jurisdiction.

7. Constitutional Courts
Congress created constitutional courts under Article III of the Constitution. Sometimes referred to as Inferior Courts.
These courts include:
Federal District Courts
Federal Courts of Appeals
The Court of International Trade

8. Federal District Courts
Created in 1789 by Congress to serve as trial courts.
Currently there are 94 district courts
Hear cases involving federal laws, both criminal and civil
The following appointed officials provide support services for district courts:
A U.S. attorney
A U.S. magistrate
A U. S. Marshal
A clerk

9. Federal Courts of Appeals
A person who loses a case in a lower court may appeal to the federal court of appeals.
The U.S. is divided into 12 judicial circuits or regions with 1 appellate court in each circuit.
Have only appellate jurisdiction
Most appeals come as a result of rulings from the district courts, the U.S. Tax Court, and various territorial courts.
The courts may:
Uphold the decision, reverse the decision, or send the case back to the lower court to be tries again

10. The Court of International Trade
Has jurisdiction over cases dealing with tariffs

11. Legislative Courts These courts help Congress use its powers.
Legislative Courts include:
U.S. Tax Court-hears cases related to federal taxes
U.S. Court of Appeals for the Armed Forces-hears cases of military members who are accused of breaking military law
Territorial Courts-similar to district courts, hear civil and criminal cases along with constitutional cases
Courts of Veterans' Appeals-handles cases arising from veterans’ benefits
Court of Federal Claims-handles claims against the U.S. for monetary damages; redress

12. Selection of Federal Judges
President nominates federal judges and the Senate confirms them. The judges serve for life.
Presidents prefer judges from their same political party and those who share their point of view on major issues. Presidents look at this as a way to shape policy even after they leave the presidency.
The President practices senatorial courtesy when nominating a judge.

13. Supreme Court Has original and appellate jurisdiction
Has original jurisdiction in cases involving representatives of foreign countries and cases in which a state is a party
Only about 5 cases a year are original jurisdiction cases

14. Supreme Court Most cases fall under the SC’ s appellate jurisdiction
The SC hears cases:
Appealed from a lower court of appeals
Cases from federal district court where an act of Congress was held unconstitutional
Cases appealed from the highest court of a state
Has the final power of judicial review

15. Supreme Court 8 associate justices and 1 chief justice
Number is set at 9, but Congress has the power to change the number
Congress has the power to impeach a justice, but has never removed a justice due to impeachment.

16. Supreme Court
Terms begin on the first Monday in October and run throughout the year with periodic recesses
Thousands of cases are appealed to the supreme court each year. The SC only rules on about 80 to 100 per year.
The rule of four is that four SC justices have to agree before a case can be heard in the Court.

17. Supreme Court
Writ of certiorari: This is an order from the SC to a lower court to send the records of a case for review. Either side in a civil case can petition the SC for a “cert.” If requests are denied, the lower court’s decision stands. This is the main route to the SC.
Certain cases reach the SC on appeal from a lower court.

18. Supreme Court Process Submitting Briefs Oral Arguments The Conference
Writing the Opinion:
A unanimous opinion is where all justices vote the same
A majority opinion expressed the views of the majority of the justices on a case.
A concurring opinion is written by justices who agree with the majority’s conclusion, but for different reasons.
A dissenting opinion is the opinion of the justices who do not agree with the SC’s decision on the case.