chapter 18 federal court system. alexander hamilton, federalist 22 “laws are a dead letter without...
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CHAPTER 18FEDERAL COURT SYSTEM
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Alexander Hamilton, Federalist 22“Laws are a dead letter without courts to expound and define their true meaning and operation”
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Article III, Section I“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.”
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Article I, Section 8, Clause 9Congress has the expressed power “to constitute tribunals inferior to the Supreme Court.”
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DUAL COURT SYSTEM (Federalism)1) National Judiciary
(Federal Court System):
100+ courts
a. Supreme Court
b. Constitutional courts
c. Special courts
2) State Judiciary:
1000s of courts State courts hear most
of the cases.
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Federal vs. State Courts
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Judicial Branch Courts
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FEDERAL COURTS These are inferior courts (lower than Supreme
Court).TWO TYPES1. CONSTITUTIONAL COURTS Hear more cases than special courts Created out of Article III power Include 94 District Courts, 12 Court of Appeals, US
Court of International Trade, US Court of Appeals for Federal Circuit
AKA “Regular Courts”, “Article III Courts”
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INFERIOR FEDERAL COURTS Lower than the Supreme CourtTWO TYPES1. CONSTITUTIONAL COURTS Hear more cases than special courts Created out of Article III power Include 94 U.S. District Courts, 12 U.S. Court
of Appeals AKA “Article III Courts”
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FEDERAL COURTS CONTINUED2. SPECIAL COURTS
*Have been created by Congress to deal with cases arising out of one of Congress’ expressed powers
*AKA “Legislative Courts” or “Article I Courts”
*Include US Court of Federal Claims, Territorial Courts, Courts of the District of Columbia, US tax Court, US Court of Appeals for Armed Forces, US Court of Appeals for Veterans Claims
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Special Courts, continuedInclude US Court of Federal Claims (you suing the federal
government)Territorial Courts (land owned by U.S. like Guam)Courts of the District of Columbia (court for people in D.C.)US Tax Court (any violation of federal tax laws)US Court of Appeals for Armed Forces (military has own set of
laws, so they need their own court – appeals from JAG)US Court of Appeals for Veterans Claims (if a veteran loses a
service, this is where they appeal their case – like Agent Orange cases)
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JURISDICTIONDefinition: The authority or subject area that a court can
hear a case about. Example: Break a federal law, go to a federal
court (robbing a bank). Example: Break a state law, go to a state court
(speeding).
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Types of Jurisdiction1) Exclusive Jurisdiction - cases that can only
be heard in Federal Courts. Federal Crimes Examples: cases involving ambassadors, bank
robbery, kidnapping, presidential assassination, killing a police officer, destroying a mailbox-$1000 fine)
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Types of Jurisdiction1) Exclusive Jurisdiction - cases that can only
be heard in Federal Courts. Federal Crimes Examples: violations of patents and
copyrights, cases involving ambassadors
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Types of Jurisdiction1) Exclusive Jurisdiction - cases that can only
be heard in Federal Courts. Federal Crimes Examples: cases involving ambassadors, bank
robbery, kidnapping, presidential assassination, killing a police officer, destroying a mailbox-$1000 fine)
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Types Of Jurisdiction, continued 2) Concurrent Jurisdiction – cases can be tried in
either federal or state court. A common type of concurrent jurisdiction: is
“Diverse Citizenship” –dispute involving citizens of different states.
Federal District Courts may hear these if over $75,000 is involved.
Defendant can have the trial moved from the Plaintiff’s state to a federal district court.
Example: Land dispute between people from different states.
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CHRONOLOGY of Jurisdiction1) Original jurisdiction - court where case is 1st
heard
2) Appellate jurisdiction – court where case is heard 2nd, 3rd, 4th, etc. (on appeal from lower court)
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JurisdictionOf the Federal Courts –
1. U.S Supreme court has original and appellate
2. U.S Appeals courts have appellate
3. U.S District courts have original
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US Supreme Court
9 JusticesD.C.
Original and appellateFewest cases 80-150/year
US Court of Appeals12 Courts (3 judge panel)
Boston, MAAppellate
US District Court94 Courts (judge and 2 types of juries:
1. grand - indicts 2. petit - determines guilty or innocence)
Portland, MEOriginal
Most cases
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APPOINTING JUDGESArticle II, Section II, Clause II – Supreme Court appointment process
Says that “the President shall nominate and by and with the advice and consent of the Senate shall appoint…Judges of the Supreme Court.”
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Appointing Judges, Continued If a state needs a new federal judge, the
President asks the Senator (same party) from the state of the needed judge to recommend 3 candidates
Senatorial Courtesy – President will typically choose that Senator’s 1st choice
Example: In Maine, Bush would ask Olympia Snowe because she is the senior Senator
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TERM and SALARYFor Constitutional Courts – LIFE Until judge resigns, retires, or dies Can be removed through impeachment (13
impeached, 7 of them removed)
Salary is set by Congress and can not be decreased during their term in office.
A Supreme Court Justice’s salary is same as U.S. Senators, Representatives, and the Vice President.
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Court Officers Support Services Clerks, baliffs, court reporters, stenographers,
probation officers, others US Magistrates – officers of the court who are
appointed to 8-year terms and handle – arrest warrants, set bail, and generally reduce the workload for the judges
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Court OfficersUS Attorney for each Federal District President nominates and Senate approves They are the government’s prosecutors (lawyers) Work with the FBI, bring to trial people charged
with federal crimes Represent government in all civil actions brought by
or against the government in their district 4-year term If I break a federal law, it would be the U.S. v
Crowley
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Court Officers, continuedU.S. Marshall Could arrest you for breaking a federal law or
deliver you a warrant for breaking a federal law
Deals with riots, mobs, etc. 4-year term sent by Magistrate to arrest people
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Layout of Courtroom
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THE INFERIOR COURTSCourts below the Supreme Court
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DISTRICT COURTS 632 judges Handle 300,000 cases a year Created by Congress in the Judiciary Act of
1789 Currently 94 district courts Maine’s District Court is located in Portland It has 3 authorized judgeships
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Federal Judicial Districts Include at least one district in each State, the
District of Columbia and Puerto Rico Larger, more populous states are divided into
2 or more districts 2 judges assigned to each district (at least) Cases tried in district courts heard by 1 judge
usually
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DISTRICT COURT JURISDICTION Original jurisdiction Making them the principal trial courts in the
federal court system Criminal cases – when a defendant is tried for
committing some action that Congress has declared by law to be a federal crime
Civil cases – noncriminal matter, terms of contract, e.g
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District Court Cases Bank robbery Mail fraud Counterfeiting Tax evasion Bankruptcy Civil rights
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Court of Appeals Created by Congress in 1892 Relieves the Supreme Court of burden of hearing all
appeals Currently 12 courts of appeals 179 circuit judges Our closest Court of Appeals is in Boston – 1st Circuit Our district includes ME, MA, NH, RI, Puerto Rico
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U.S. COURTS OF APPEALS
D.CAndFederalCircuit Make 13
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Appellate Court Jurisdiction Hear cases on appeals from lower fed. Courts Also hear appeals from several federal
regulatory agencies like the Federal Trade Commission, the national labor Relations Board
55,000 cases a year
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Court of International Trade Created in 1890 9 judges Civil cases arising out of tariff and other
trade-related laws Panels of 3 Trials often held at major port cities