1. Introduction To The Federal Courts

2. Types of Law Statutory: deals w/ written statutes (laws) Common
Based on system of unwritten laws
Unwritten law based on precedents
Judges rule on principle of “stare decisis” (let decision stand)
Criminal: concerns violations of civil code, I.e. violations against society
Civil Law (dispute; torts b/w two people)
Ex.: medical malpractice, slander, breach of contract
Writ of mandamus: court order for one to perform an act
Injunction: court order forbidding a certain act
Class action lawsuit (group of people who share common grievance)

3. Judicial Power Power is passive
Courts cannot reach out and “take cases”; cases come to them
Must be an actual case (“controversy”) for court to make ruling. Courts cannot “create” cases
Only those with “standing” may challenge a law or gov’t action (one had to sustain an “injury”); Cannot challenge law simply b/c one does not like it.
Most cases come to court through “writ of certiorari” (order to send case up for review from lower court; 4 votes needed)

4. Judicial law-making
Judges interpret the law, and in so doing make law. It is necessary because:
Statutes are broadly worded and unclear
Constitution requires interpretation
Interpretation in effect makes laws (“The Supreme Court is a constitutional convention in continuous session”---Wilson)
Evidence of judicial law-making
Courts have ruled over 1000 state laws unconstitutional
Courts have ruled over 1000 federal laws unconstitutional
Courts have reversed itself over 200 times since 1810
Courts seem willing to rule on political questions rather than constitutional questions.,e.g., Baker v. Carr, Bush v. Gore)

5. Jurisdiction: 4 Types
Exclusive: sole authority of federal court to try case
Concurrent: authority of federal/state court to try a case
Original: authority of a court to first try a case
Appellate: authority of a court to hear an appeal

6. Jurisdiction of Federal Courts
The Constitution, a federal law, or a treaty
Disputes b/w two or more states
The U.S. gov’t as a party
Citizens of different states
Ambassadors or diplomats
* In our federal system, we have both federal/state courts

7. Structure of Federal Courts
Article. III
Creates Supreme Court while giving Congress the power to create “inferior”(lower) courts.
Judges in these courts hold life terms. (Federalist No. 78 rationalizes these terms)

8. Types of Courts District Courts Courts of Appeals Supreme Court
Handles 90% of all cases
Cases tried by judge and jury
Jury trial decides outcome of case (petit jury)
Original jurisdiction
Decisions can be appealed to Courts of Appeals
Courts of Appeals
12 “circuit” or district courts
18,000 cases per year
Cases tried by panel of 3 judges
Appellate jurisdiction (case needs to come to them)
Cases can be appealed to Supreme Court
Supreme Court