1. Structure of the Court System
Chapter 14

2. What the Constitution Says
Article III creates the Supreme Court
Does not specify how many justices
Congress has specified 9
Article II gives Congress authority to create other courts and establish their jurisdiction

3. Types of Federal Courts
Constitutional Court
Exercises powers in Article III
Judges are protected by Constitution
District Courts - 94
Courts of Appeals (Circuit Courts) – 13 (11 districts plus 1 DC and 1 Federal Circuit Court)
Specialized courts
Court of International Trade
Tax Court
Legislative Court
Created by Congress for specified purpose
Court of Military Appeals

5. Selecting Federal Judges
Constitutional Courts
Serve for life
Power of judicial review
Nominated by President and confirmed by Senate
Factors Affecting Nominations
Senatorial courtesy
Blue slip
Not used in SC justice nominations
Litmus test
Grown in importance since rise of judicial activism

6. Original Jurisdiction
Dual court system
Which cases go where? Who hears the case first?
Federal-question cases
Article III & Amendment 11 list federal court jurisdiction
Everything else is left to state courts
Few cases are under dual jurisdiction
Also called dual sovereignty doctrine
Rodney King example
Prevents one level of government from blocking prosecution who has sympathy at one level

7. Types of Cases Criminal Civil
Court determines whether person accused of breaking a law is innocent or guilty
Civil
Court settles disputes between parties

8. Appeals
Cases from state level courts and federal district courts can be appealed
Therefore federal judges can overturn state court rulings when they didn’t have original jurisdiction
Called appellate jurisdiction

9. Federal Original Jurisdiction
Federal crimes
Tax evasion, kidnapping, bank robbery
Cases in which the federal government in a party
Cases between people of different states in excess of $50,000
Cases directly involving Constitution and Amendments
Cases in which a state is a party
Cases involving admiralty and maritime law

10. Original Jurisdiction of the Supreme Court
Two or more states
U.S. and a state
Foreign ambassadors and other diplomats
State and a citizen of a different state (if begun by the state)

12. Appellate Jurisdiction of the Supreme Court
Gets to choose which cases it hears
Writ of certiorari
“made more certain”
If four justices agree to hear a case, the Court issues a “cert”
Typically only choose cases where a significant constitutional question has been raised
2 or more federal circuit courts have decided the issue in 2 different ways
Highest court in the state has held a federal law to be in violation of the Constitution

13. Getting to the Supreme Court
The Court only hears about 4% of applications (about 100 per year)
Could take several years
Writ of certiorari costs $300
Lower court costs have already been spent
In forma pauperis – Court hears your case for free
Many interest groups willing to represent
ACLU, ACLJ, NAACP

14. Fee Shifting
Allows plaintiff to collect its costs from the defendant if the defendant loses
Has increased recently
Section 1983 of Chapter 42 of U.S. Code
Allows a citizen to sue a state government official who has deprived the citizen of some constitutional right
If he/she wins, they can collect money damages plus lawyer’s fees from the government

15. Standing To bring suit, you must have “standing”
Must be entitled to bring forth a case
Must be an actual controversy between real adversaries
Must show you have been harmed

16. Class-Action Suits
Case brought to suit by a person on behalf of all other persons in similar circumstances
1974 SC tightened control over these suits
Will no longer hear class-actions seeking monetary damages unless every possible member of suit has been notified
Except in civil rights class-action suits