Federal Court System

Federal Courts• Creation of Federal Courts

– No national court system under Articles of Confederation

– Article III established Supreme Court but left lower federal courts to the Congress

– Judiciary Act (1787) established federal district courts

– 1891, Congress created federal appeals courts and circuits, or districts they serve

Federal Court Jurisdiction• jurisdiction- authority to hear a case• original jurisdiction- first court to hear

case• appellate jurisdiction- appealed from

lower court• exclusive jurisdiction- only federal

courts can hear and decide cases• concurrent jurisdiction- both federal and

state courts have jurisdiction

Types of cases heard by Federal Courts

• Constitutional issues• Federal Laws for federal crimes (ex:

kidnapping, tax evasion, bank robbery, etc)• disputes between states (supreme court)• citizens from different states• injuries caused by the Federal government• foreign gov’ts and treaties• admiralty and maritime laws• US diplomats

Lower Federal Courts

• U.S. District Courts– District courts are the lowest federal

courts where trials are held (civil and criminal)

– 94 district courts in parts of country, some courts specialized (international trade, federal claims)

– All federal cases begin in district courts- original jurisdiction

– only federal courts with witnesses and trial juries to reach verdicts

Federal Circuit Court Districts, North Carolina There are 94 Circuit Court

Districts in the U.S.

3 of them are in NC

The districts are apportioned according to population but each state has at least 1

U.S. Court of Appeals

• appeals courts- review decisions in lower courts- appellate jurisdiction

• Organization- 12 US Courts jurisdiction over district courts over an area or circuit

• Making a decision– No trials, just 3 or more judges review case

and listen to arguments– Can uphold decision, reverse original

decision, or remand (send back to be tried again) a case

Selection of Federal Judges

• Appointed by President, confirmed by Senate

• Federal Judges serve for life• Usually lawyers but no legal

requirement• political support and agreement

with the president important factors

U.S. Supreme Court

• Jurisdiction and Powers• Original- conflicts b/w states• Appellate- chooses which cases it

hears• “Court of last resort”• Judicial Review- review any local,

state, or federal issue if it is constitutional

• Procedures• select cases that involve

constitutional or legal (not political) questions

• writ of certiorari- asks a lower court to send the case to the Supreme Court for review

• Accepted cases go on the docket, or calendar

 

• Decision making• written arguments- a brief is a

written document that explains one side’s opinion

• oral arguments - 30 minutes to present case with questioning

• Opinion writing– One Chief Justice, 8 Associate

justices vote– Majority opinion- views of the

majority justices, has far reaching consequences

– Concurring opinion- agrees with the majority but for a different reason

– Dissenting opinion- opposes majority opinion

• Top 3 levels are constitutional courts

• Begins at the trial level [usually]– Original

jurisdiction• Decisions may be

appealed to next level[s]– Appellate

jurisdiction• [State systems are

similar]

• Article I courts, etc. try cases and hear appeals within their own organizations

• U.S. Supreme Court is final court of appeal for all courts & agencies [incl. state supreme courts]

[Highest State courts]