THE FEDERAL COURT
SYSTEM
Section 1: The National Judiciary
Section 2: The Inferior Courts
Section 3: The Supreme Court
Section 4: The Special Courts
Section 1: The National Judiciary
● Is it possible that a local or state crime can turn into a
federal crime?
● Articles of Confederation
○ No national court system
○ Laws were handled by the states solely
● Constitution
○ Creates a national court system
■ Article III, Section 1
● 2 Separate Court Systems
○ National Judiciary
○ State Courts
Section 1: The National Judiciary
● 2 types of federal courts
○ Inferior Courts - lower federal courts, those beneath the
Supreme Court
● Congress has created 2 types of federal courts
○ 1) Constitutional Courts
■ Formed under Article III
● Supreme Court / Courts of Appeals /
● District Courts / U.S. Court of International Trade
○ Hear cases arising out of Article I
○ 2) Special Courts
■ Known as legislative courts
Section 1: The National Judiciary
● Federal Court Jurisdiction
○ Constitutional Courts
■ Hear most cases tried in Federal Court
■ These courts have jurisdiction
● Jurisdiction - The authority of a court to hear a
case.
● Have jurisdiction over certain cases
○ Subject Matter
○ Parties Involved
○ Exclusive Jurisdiction - Those cases can be heard only
in the federal courts.
■ Ambassador or other diplomat
■ Those charged in a federal crime
Section 1: The National Judiciary
● Many cases can be tried in either court system
○ Federal or State
■ Concurrent Jurisdiction - sharing of power to hear
certain cases.
● Considered to be cases in diverse citizenship
○ Federal District Courts may hear cases in
excess of $75,000
○ Plaintiff - person filing the case
■ May bring case to the court of choosing
○ Defendant - person is the complaint agaisnt
■ Can have the case moved to federal court
● Original and Appellate Jurisdiction
○ Original Jurisdiction - court in which a case is first
heard
○ Appellate Jurisdiction - court that hears an appeal
Section 1: The National Judiciary
● Appointment of Judges
○ Chosen by?
○ Approved by?
■ Typically chosen from:
● Leading lawyers
● Legal scholars
● Law school professors
● Former members of Congress
● State Court judges
○ Deciding cases
■ 1) originial intent of framers
■ 2) precedent - earlier cases
Section 1: The National Judiciary
● Terms and Pay of judges
○ Appointed for life
○ Resignation
○ Retire
○ May only be removed through impeachment process
● Special Courts
○ 15-year terms
○ Retire at 70 if they choose
■ If they have served 10 years
○ Receive full pay for retirement
● Federal Pay
○ District Courts $174,000
○ Circuit Courts $184,500
○ Supreme Court $213,900
○ Chief Justice $223,500
Section 2: The Inferior Courts
● District Courts
○ 89 Federal judicial districts
■ Includes the territories of the U.S.
● Jurisdiction
○ Hear most cases
○ Criminal Cases - defendant is tried for
committing some action that Congress has
declared by law to be a federal crime.
○ Civil Cases - some non-criminal matter, such
as a dispute over the terms of a contract or a
claim of patent infringements.
■ Most cases tried here are final.
■ May appeal
● Circuit Court of Appeals
● Supreme Court
Section 2: The Inferior Courts
● Courts of Appeals
○ Created in 1891
○ Created to relieve pressure from Supreme Court
○ Supreme Court 3 years behind in its docket
■ Docket - a list of cases to be hard.
● Appellate Court Judges
○ 179 Judges
○ Each court has a Supreme Court Justice assigned
○ Only hear cases on appeal
● Court of International Trade
○ Created in 1890
○ Cases come out of of tariff and trade issues
Section 3: The Supreme Court
● Judicial Review
○ Critical component of the court system
○ Judicial Review - power to decide the
constitutionality of an act of government.
○ Supreme Court has final authority on the meaning of the
Constitution
■ Marbury v. Madison
● midnight justices (Adams)
○ Chief Justice Marshall
■ claimed right for Supreme Court to rule acts
of Congress Unconstitutional
● Supreme Court Jurisdiction
○ Original and appeals
Section 3: The Supreme Court
● Reaching the Supreme Court
○ About 8000 cases a year
■ Most cases are denied
● judges agree with lower court decision
● case involves no significant point of law
● 4 judges must agree to put case on docket
○ After all this Supreme Court may get 100
○ Most cases reach Supreme Court by writ of certiorari
■ Writ of Certiorari - order by the Court directing a
lower court to send up the record in a given case
for review.
● Requested by a party of the case
● Court may deny
○ Case becomes final at that court level
Section 3: The Supreme Court
● Also reach the court by way of a certificate
○ Certificate - lower court is not clear about the procedure
or the rule of law that should apply in a case.
■ Court is being asked to clarify a specific question
● Operation
○ Sets date
○ Oral arguments (30 minutes)
○ Briefs - presented before oral arguments (one-sided)
○ Conference - consider cases heard
○ Opinions
■ Chief Justice majority assigns writing
■ Chief Justice minority writing assigned by senior
Section 3: The Supreme Court
● Opinions of the Court
○ Majority Opinion - court’s opinion, announces decision.
○ Precedents - examples to be followed in similar cases
○ Concurring Opinion - add or emphasize a point that was
not made in the majority opinion.
■ Written by one or more justices
■ May bring the Supreme Court to modify its present stand
in future cases.
○ Dissenting Opinions - often written by those justices who
do not agree with the court’s majority opinion.
Section 4: The Special Courts
● Court of Federal Claims
○ United States Government cannot be sued without its
permission
■ Congress has to decide if the United States is open
for suit
○ Person could secure a redress
■ Satisfaction of a claim, payment - only by an acto f
Congress.
● Territorial Courts
○ Make all needful rules and regulations for territories
● District of Columbia Courts
○ Hear many local and cases dealing with Constitution
○ Established primarily to give the Seat of the
Government a court system
Section 4: The Special Courts
● Court of Appeals for the Armed Forces
○ System of courts for each branch
○ Make rules for government and regulations of land and
naval forces.
○ Military courts are called courts-martial
■ Courts-martial - serve the special disciplinaary
needs of th armed forces and are not a part of the
federal court system.
● members of the court are all military members
■ Civilian Tribunal - a court operating as part of the
judicial branch, entirely separate from the military
establishment.
● court of appeals established to hear appeals of
more serious crimes within the militar.
Section 4: The Special Courts
● Military Commissions
○ Courtlike boards of commissioned officers
■ Not part of court system
○ Established to try enemy combatants
○ Established by executive order
● Court of Appeals for Veterans Claims
○ Hears claims in which the VA has denied or mishandled
a claim for veterans’ benefits
● United States Tax Court
○ Hears civil cases involving disputes over tax laws
■ Do not hear criminal cases.