Federal Court SystemFederal Court SystemSSCG 16SSCG 16SSCG 6SSCG 6Ch.11Ch.11Ch. 12Ch. 12

Federal courts are generally Federal courts are generally created by the United created by the United States Congress under the States Congress under the constitutional power constitutional power described in Article III.described in Article III.

These courts are much These courts are much more independent of more independent of Congress and the President.Congress and the President.

Article III requires the Article III requires the establishment of a Supreme establishment of a Supreme Court and permits the Court and permits the Congress to create other Congress to create other federal courts, and place federal courts, and place limitations on their limitations on their jurisdiction. jurisdiction.

Jurisdiction Jurisdiction is the is the authority to hear authority to hear certain cases.certain cases.

Federal courts have Federal courts have jurisdiction in cases jurisdiction in cases that involve United that involve United States laws, treaties States laws, treaties with other with other countries, or countries, or interpretations of interpretations of the Constitution.the Constitution.

There are three main There are three main types of judicial types of judicial jurisdiction: jurisdiction: PersonalPersonal jurisdiction is an jurisdiction is an authority over a person, authority over a person, regardless of their regardless of their location. location. TerritorialTerritorial jurisdiction is an jurisdiction is an authority confined to a authority confined to a bounded space, including bounded space, including all those present therein, all those present therein, and events which occur and events which occur there. there. Subject MatterSubject Matter jurisdiction is an jurisdiction is an authority over the subject authority over the subject of the legal questions of the legal questions involved in the case. involved in the case.

Federal courts use 2 types Federal courts use 2 types of juries: grand jury and of juries: grand jury and petit jury.petit jury.

Grand juryGrand jury has 16 – 23 has 16 – 23 people and hears evidence people and hears evidence against the accused. If against the accused. If they think there is enough they think there is enough evidence, they pass an evidence, they pass an indictmentindictment – a formal – a formal accusation charging the accusation charging the person with a crime.person with a crime.

The The petit jurypetit jury has 6 – 12 has 6 – 12 people and is a trial jury. people and is a trial jury. They find the accused They find the accused guilty or innocent. In some guilty or innocent. In some states, they pass sentence states, they pass sentence on the convicted.on the convicted.

The 94 U.S. judicial The 94 U.S. judicial districts are organized districts are organized into 12 regional into 12 regional circuits, each of which circuits, each of which has a United States has a United States court of appeals.court of appeals.

A court of appeals A court of appeals hears appeals from the hears appeals from the district courts located district courts located within its circuit, as within its circuit, as well as appeals from well as appeals from decisions of federal decisions of federal administrative administrative agencies. agencies.

The United States district The United States district courts are the trial courts of courts are the trial courts of the federal court system. the federal court system.

Within limits set by Congress Within limits set by Congress and the Constitution, the and the Constitution, the district courts have jurisdiction district courts have jurisdiction to hear nearly all categories of to hear nearly all categories of federal cases, including both federal cases, including both civil and criminal matters. civil and criminal matters.

Every day hundreds of people Every day hundreds of people across the nation are selected across the nation are selected for for jury dutyjury duty and help decide and help decide some of these cases.some of these cases.

There are 94 federal judicial There are 94 federal judicial districts, including at least one districts, including at least one district in each state, the district in each state, the District of Columbia and District of Columbia and Puerto Rico. Three territories Puerto Rico. Three territories of the United States have of the United States have district courts that hear district courts that hear federal cases, federal cases,

In addition, the Court In addition, the Court of Appeals for the of Appeals for the Federal Circuit has Federal Circuit has nationwide jurisdiction nationwide jurisdiction to hear appeals in to hear appeals in specialized cases, such specialized cases, such as those involving as those involving patent laws and cases patent laws and cases decided by the Court decided by the Court of International Trade of International Trade and the Court of and the Court of Federal Claims. Federal Claims.

The The United States United States Court of Appeals for Court of Appeals for the Federal Circuitthe Federal Circuit was created by was created by CongressCongress with passage with passage of the Federal Courts of the Federal Courts Improvement Act of Improvement Act of 1982 making the judges 1982 making the judges of the former courts of the former courts into circuit judges.into circuit judges.

It is housed in It is housed in Washington, D.C. Washington, D.C.

The The United States United States Court of Appeals for Court of Appeals for the Armed Forcesthe Armed Forces exercises worldwide exercises worldwide appellate jurisdictionappellate jurisdiction over members of the over members of the United States armed forUnited States armed forcesces on on active dutyactive duty and and other persons subject to other persons subject to the the Uniform Code of MilitaryUniform Code of Military Justice Justice. .

Statistics show that the Statistics show that the court only reviews court only reviews approximately 10 approximately 10 percent of all percent of all court-martialcourt-martial convictionsconvictions

The The United States United States Court of Appeals for Court of Appeals for the Armed Forces -the Armed Forces -

The cases before the The cases before the court may only be court may only be reviewed upon a reviewed upon a granted petition for granted petition for review, by certificate review, by certificate from an individual from an individual service service Judge Advocate GenerJudge Advocate Generalal, a , a sentence of deathsentence of death, , a petition for a petition for extraordinary relief or extraordinary relief or a writ appeal petition. a writ appeal petition.

The The United States Tax United States Tax CourtCourt specializes in specializes in adjudicating disputes over adjudicating disputes over federal income taxfederal income tax, , generally prior to the time generally prior to the time at which the formal tax at which the formal tax assessments are made by assessments are made by the the Internal Revenue ServiceInternal Revenue Service..

The Tax Court is the only The Tax Court is the only forum in which taxpayers forum in which taxpayers outside of outside of bankruptcybankruptcy may may do so without having first do so without having first paid the disputed tax in full. paid the disputed tax in full.

Tax Court judges are Tax Court judges are appointed for a term of 15 appointed for a term of 15 years, subject to removal years, subject to removal for cause. for cause.

The The United States Court United States Court of International Trade of International Trade replaced the old United replaced the old United States Customs Court .States Customs Court .

The Court has nine The Court has nine Judges, of whom no more Judges, of whom no more than five can be of the than five can be of the same political party, as same political party, as well as Senior Judges. well as Senior Judges.

The Court possesses limited The Court possesses limited subject matter jurisdictionsubject matter jurisdiction, , meaning that it may hear meaning that it may hear only cases involving only cases involving particular particular international tradeinternational trade and customs law questions. and customs law questions.

The The United States Court United States Court of Federal Claimsof Federal Claims hears hears non-tort monetary claims non-tort monetary claims against the against the U.S. governmentU.S. government. .

It hears claims for money It hears claims for money that arise from the that arise from the United States ConstitutionUnited States Constitution, , federal statutesfederal statutes, executive , executive regulations, or an express or regulations, or an express or implied in fact contractimplied in fact contract with with the United States the United States Government.Government.

Judges serve for 15-year Judges serve for 15-year terms and are eligible for terms and are eligible for reappointment. The sixteen reappointment. The sixteen judges of the court are judges of the court are nominated by the nominated by the PresidentPresident and and confirmedconfirmed by the by the SenateSenate. .

Federal courts are also Federal courts are also given jurisdiction when given jurisdiction when certain people are certain people are involved. Examples are: involved. Examples are: (1.) ambassadors and (1.) ambassadors and other representatives of other representatives of foreign governments; (2.) foreign governments; (2.) 2 or more state 2 or more state governments; (3.) the U.S. governments; (3.) the U.S. government or one of its government or one of its agencies; (4.) citizens who agencies; (4.) citizens who are residents of different are residents of different states; and (5.) citizens states; and (5.) citizens who are residents of same who are residents of same state but claim lands under state but claim lands under grants of different states. grants of different states.

Courts may have Courts may have jurisdiction that is jurisdiction that is concurrentconcurrent (shared). (shared).

Concurrent jurisdiction Concurrent jurisdiction exists in a case exists in a case involving people from involving people from different states in a different states in a dispute. In such a case , dispute. In such a case , a person may sue in a person may sue in either federal or state either federal or state court. court.

If the person being sued If the person being sued insists, the case is heard insists, the case is heard in federal court. in federal court.

The The United StatesUnited States Judiciary Act of 1789Judiciary Act of 1789 was was a landmark a landmark statutestatute adopted adopted on September 24, on September 24, 17891789 in in the first session of the the first session of the First United States CongresFirst United States Congresss establishing the establishing the U.S. federal judiciaryU.S. federal judiciary..

Article III, section 1 of the Article III, section 1 of the ConstitutionConstitution prescribed that prescribed that the "judicial power of the the "judicial power of the United States, shall be United States, shall be vested in one Supreme vested in one Supreme Court", and such inferior Court", and such inferior courts as Congress saw fit courts as Congress saw fit to establish. to establish.

The The Supreme Court of the Supreme Court of the United StatesUnited States is the highest is the highest judicial body in the judicial body in the United StatesUnited States..

It consists of the It consists of the Chief Justice of the United StatesChief Justice of the United States and eight and eight Associate JusticesAssociate Justices, who , who are nominated by the are nominated by the PresidentPresident and confirmed with the of the and confirmed with the of the SenateSenate..

Once appointed, Justices Once appointed, Justices effectively have life tenure, effectively have life tenure, serving "during good Behaviour“, serving "during good Behaviour“, which terminates only upon which terminates only upon death, resignation, retirement, or death, resignation, retirement, or conviction on conviction on impeachmentimpeachment..

The Court meets in The Court meets in Washington, D.C.Washington, D.C. in the in the United States Supreme Court builUnited States Supreme Court buildingding. The Supreme Court is primarily . The Supreme Court is primarily an an appellate courtappellate court, but it has , but it has original jurisdictionoriginal jurisdiction over a small over a small range of cases range of cases

The Constitution specifies The Constitution specifies that the Supreme Court that the Supreme Court may exercise original may exercise original jurisdiction in cases jurisdiction in cases affecting ambassadors and affecting ambassadors and other diplomats, and in other diplomats, and in cases in which a state is a cases in which a state is a party.party.

It considers cases based It considers cases based on its original jurisdiction on its original jurisdiction very rarely; almost all very rarely; almost all cases are brought to the cases are brought to the Supreme Court on appeal.Supreme Court on appeal.

In practice, the only In practice, the only original jurisdiction cases original jurisdiction cases heard by the Court are heard by the Court are disputes between two or disputes between two or more states.more states.

John MarshallJohn Marshall shaped shaped American constitutional law American constitutional law and made the Supreme and made the Supreme Court a center of power. Court a center of power.

Marshall established that Marshall established that the courts are entitled to the courts are entitled to exercise exercise judicial reviewjudicial review, the , the power to strike down laws power to strike down laws that violate the that violate the Constitution. Constitution.

He repeatedly confirmed He repeatedly confirmed the supremacy of federal the supremacy of federal law over state law and law over state law and supported an expansive supported an expansive reading of the reading of the enumerated powersenumerated powers. .

Marbury v. MadisonMarbury v. Madison, , formed the basis for the formed the basis for the exercise of judicial review exercise of judicial review in the U.S. under Article III in the U.S. under Article III of the Constitution. of the Constitution.

Marbury v. MadisonMarbury v. Madison was was the first time the the first time the Supreme CourtSupreme Court declared declared something "something "unconstitutionalunconstitutional," and ," and established the concept of established the concept of judicial reviewjudicial review in the U.S. in the U.S. (the idea that courts may (the idea that courts may oversee and nullify the oversee and nullify the actions of another actions of another branch of governmentbranch of government). ).

Fletcher v. PeckFletcher v. Peck (1810), was one of (1810), was one of the first cases in the first cases in which the Supreme which the Supreme Court ruled a state Court ruled a state law unconstitutional. law unconstitutional.

It is the earliest case It is the earliest case of the Court of the Court asserting its right to asserting its right to invalidate state laws invalidate state laws conflicting with the conflicting with the Constitution. Constitution.

Dartmouth College v. Dartmouth College v. WoodwardWoodward, (1819), was a , (1819), was a case dealing with the case dealing with the application of the application of the Contract ClauseContract Clause of the of the United States ConstitutionUnited States Constitution to private corporations. to private corporations. (The state of New (The state of New Hampshire converted the Hampshire converted the school from a private to a school from a private to a public institution.) public institution.)

Contracts, no matter how Contracts, no matter how they were procured (in the they were procured (in the case of case of Fletcher v. PeckFletcher v. Peck, a , a land contract had been land contract had been illegally obtained), cannot illegally obtained), cannot be invalidated by state be invalidated by state legislation. legislation.

McCulloch v. MarylandMcCulloch v. Maryland, , (1819) –(1819) –

Established the following Established the following two principles:two principles:

The Constitution grants to The Constitution grants to Congress Congress implied powersimplied powers for implementing the for implementing the Constitution's express Constitution's express powers, in order to create powers, in order to create a functional national a functional national government. government.

State action may not State action may not impede valid constitutional impede valid constitutional exercises of power by the exercises of power by the Federal government. Federal government.

Dred Scott v. Sandford Dred Scott v. Sandford ruled that people of African ruled that people of African descent imported into the descent imported into the United States and held as United States and held as slavesslaves, or their descendants — , or their descendants — whether or not they were whether or not they were slaves — were not protected by slaves — were not protected by the Constitution and could the Constitution and could never be never be citizenscitizens of the of the United StatesUnited States. .

It also held that the It also held that the United States CongressUnited States Congress had no had no authority to prohibit authority to prohibit slaveryslavery in in federal federal territoriesterritories..

The Court also ruled that The Court also ruled that because slaves were not because slaves were not citizens, they citizens, they could not suecould not sue in in court. court.

Lastly, the Court ruled that Lastly, the Court ruled that slaves — as private property — slaves — as private property — could not be taken away from could not be taken away from their owners without due their owners without due process. process.

The The Slaughter-House Slaughter-House CasesCases, (1873) was the first , (1873) was the first United States Supreme CourUnited States Supreme Courtt interpretation of the interpretation of the relatively new relatively new Fourteenth AmendmentFourteenth Amendment to to the the ConstitutionConstitution..

It is viewed as a pivotal It is viewed as a pivotal case in early case in early civil rightscivil rights law, law, reading the Fourteenth reading the Fourteenth Amendment as protecting Amendment as protecting the "privileges or the "privileges or immunities" conferred by immunities" conferred by virtue of the United States virtue of the United States citizenship to all individuals citizenship to all individuals of all states within it.of all states within it.

The 14The 14thth Amendment, partially Amendment, partially overturned the Dred Scott overturned the Dred Scott decision.decision.

Plessy v. FergusonPlessy v. Ferguson, , (1896), upheld the (1896), upheld the constitutionalityconstitutionality of of racial segregationracial segregation even even in public in public accommodations accommodations (particularly railroads), (particularly railroads), under the doctrine of "under the doctrine of "separate but equalseparate but equal". ".

"Separate but equal" "Separate but equal" remained standard remained standard doctrine in U.S. law doctrine in U.S. law until its repudiation in until its repudiation in 1954. 1954.

Brown v. Board of Brown v. Board of Education of TopekaEducation of Topeka, , (1954), overturned earlier (1954), overturned earlier rulings going back to rulings going back to PlessyPlessy v. Ferguson v. Ferguson in 1896, by in 1896, by declaring that state laws declaring that state laws that established separate that established separate public schoolspublic schools for black and for black and white students denied black white students denied black children equal educational children equal educational opportunities. opportunities.

As a result, As a result, de jurede jure racial segregationracial segregation was ruled was ruled a violation of the a violation of the Equal Protection ClauseEqual Protection Clause of of the the Fourteenth AmendmentFourteenth Amendment of the of the United States ConstitutionUnited States Constitution..

This victory paved the way This victory paved the way for for integrationintegration and the and the civil rights movementcivil rights movement..

Gideon v. Gideon v. WainwrightWainwright, (1963), , (1963), the Supreme Court the Supreme Court unanimously ruled that unanimously ruled that state courts are state courts are required under the required under the Sixth AmendmentSixth Amendment of of the the ConstitutionConstitution to to provide counsel in provide counsel in criminal cases for criminal cases for defendants who are defendants who are unable to afford their unable to afford their own attorneys. own attorneys.

Miranda v. ArizonaMiranda v. Arizona (1966) (1966) - The Court held that - The Court held that statements made in statements made in response to interrogation by response to interrogation by a defendant in police custody a defendant in police custody will be admissible at trial will be admissible at trial only if the prosecution can only if the prosecution can show that the defendant was show that the defendant was informed of the right to informed of the right to consult with an attorney consult with an attorney before and during before and during questioning and of the right questioning and of the right against self-incrimination against self-incrimination prior to questioning by prior to questioning by police, and that the police, and that the defendant not only defendant not only understood these rights, but understood these rights, but voluntarily waived them. voluntarily waived them.

United States v. VirginiaUnited States v. Virginia, , (1996), is a case in which the (1996), is a case in which the Supreme Court of the UnitedSupreme Court of the United States States struck down the struck down the Virginia Military InstituteVirginia Military Institute's 's long-standing long-standing male-only admission policymale-only admission policy..

The high court effectively The high court effectively struck down any law which struck down any law which "denies to women, simply "denies to women, simply because they are women, because they are women, full citizenship stature — full citizenship stature — equal opportunity to aspire, equal opportunity to aspire, achieve, participate in and achieve, participate in and contribute to society." contribute to society."

How do they decide which cases to How do they decide which cases to hear?hear?

The Supreme Court The Supreme Court decides to hear a case decides to hear a case on three major factors. on three major factors. (1.) Whether it was an (1.) Whether it was an appeal by the federal appeal by the federal court and is in conflict court and is in conflict with the decisions of with the decisions of other circuits, (2.) the other circuits, (2.) the general importance of general importance of the case, and (3.) the case, and (3.) whether the lower whether the lower court's decisions may court's decisions may be wrong in light of be wrong in light of the Supreme Court's the Supreme Court's opinions.opinions.

A petition for a writ of A petition for a writ of certiorari is the certiorari is the documentation sent to documentation sent to the Supreme Court of the Supreme Court of the United States to the United States to request that they request that they review a case. review a case.

A writ of certiorari ( L., A writ of certiorari ( L., "to be informed") is "to be informed") is issued from any issued from any appellate court to a appellate court to a lower court requesting lower court requesting more information about more information about a case - seeking judicial a case - seeking judicial review.review.

How do they decide a case?How do they decide a case? Once the Supreme Court Once the Supreme Court

accepts a case, (1.) the accepts a case, (1.) the lawyers give the Court a lawyers give the Court a written copy of the trial court written copy of the trial court proceedings, called the proceedings, called the "record on appeal." "record on appeal."

(2.) Then they write lengthy, (2.) Then they write lengthy, detailed documents – called detailed documents – called "briefs" – arguing their points "briefs" – arguing their points and providing legal support and providing legal support for them.for them.

Next, (3.) the attorneys Next, (3.) the attorneys typically argue the merits of typically argue the merits of their cases orally before the their cases orally before the Supreme Court. The Court Supreme Court. The Court considers these considers these briefs and argumentsbriefs and arguments in in researching and deciding the researching and deciding the cases.cases.

The Supreme Court The Supreme Court can transfer the can transfer the case back to the case back to the court of appeals, court of appeals, affirm the trial affirm the trial court’s decision, court’s decision, reverse the trial reverse the trial court's decision or court's decision or remand (send) the remand (send) the case back to the case back to the trial court for trial court for further proceedings. further proceedings.

The philosophy of The philosophy of judicial activismjudicial activism is is the charge that judges the charge that judges are going beyond their are going beyond their appropriate powers appropriate powers and engaging in and engaging in making law and not making law and not merely interpreting it.merely interpreting it.

Judicial activismJudicial activism is is a critical term used by a critical term used by some to describe some to describe judicialjudicial rulings are rulings are based more upon the based more upon the judge's personal bias judge's personal bias than by existing law.than by existing law.

Judicial restraint is a Judicial restraint is a philosophyphilosophy that upholds that upholds the tenets of the tenets of democracy by meeting democracy by meeting a responsibility to limit a responsibility to limit power in deference to power in deference to policy governed by policy governed by constitutional lawconstitutional law. .

Judicial restraintJudicial restraint encourages encourages judgesjudges to to limit the exercise of limit the exercise of their own power - their own power - judges should hesitate judges should hesitate to strike down laws to strike down laws unless they are unless they are obviously obviously unconstitutional. unconstitutional.