Ch. 11 sec. 1 “The Federal Court System”
Name ___________________________________ Pd ______
Define the following terms:
1.
Appellate jurisdiction
2. Concurrent jurisdiction
3. Due process clause
4. Litigants
5. Original jurisdiction
Complete the following sentences:
6. Federal courts derive their power from the ______________________________________ and
_________________________ laws; state courts derive their power from the state _______________________________
and state ______________________.
7. The _________________________________________ has both original and appellate jurisdiction.
Complete the Chart
Case
Marbury v.
Madison
Fletcher v. Peck
McCulloch v.
Maryland
Gibbons v. Ogden
Dred Scott v.
Sanford
Plessy v. Ferguson
Brown v. Board of
Education of
Topeka
Significance
Ch. 11 sec. 2 “Lower Federal Courts” Constitutional Courts Article III of the Constitution gives Congress the authority to establish a network of lower courts. These courts include the federal district courts, the federal courts of appeals, and the United States Court of International Trade. Federal District Courts In 1789 Congress created one federal court district for each state. The number of districts has increased to 94 as the population has grown and the caseload has multiplied. District courts are the trial courts for both criminal and civil federal cases. District courts use two types of juries in criminal cases. A grand jury, which usually includes 16 to 23 people, hears charges against a person suspected of having committed a crime. If the grand jury believes there is enough evidence to bring the person to trial it issues an indictment – a formal accusation charging a person with a crime. If the jury does not believe there is enough evidence, the charges are dropped. A petit jury, which usually consists of 6‐12 people is a trial jury. Its function is to look at evidence presented at a trial. In a criminal case they will decide a verdict of guilty or not guilty. In a civil case they decide in favor of the person bringing the suit, or the person against whom the suit is brought. If the parties do not want a jury trial, a judge or a panel of three judges weighs the evidence. District courts hear hundreds of thousands of cases each year. This caseload represents more than 80% of all federal cases. District courts hear cases involving federal statutory or constitutional law. They also hear some cases involving citizens of different states. In a majority of the cases, district courts render the final decision, and few are appealed. Officers of the Court Appointed officials provide support services for district courts. District attorneys represent the U.S. in all civil suits brought against the government and prosecute people charged with federal crimes. Court magistrates issue arrest warrants and decide whether the arrested person should be held for a grand jury hearing. Bankruptcy judges handle all bankruptcy hearings. U.S. marshals make arrests, secure jurors, and keep order in the courtroom. Deputy clerks, bailiffs, a stenographer, and a clerk keep records of court proceedings Federal Court of Appeals/ Court of International Trade Congress created the appeals courts in 1891 to ease the appellate workload of the Supreme Court. Federal appeals courts hear nearly 55,000 cases a year, arising from decisions of trial courts and government regulatory agencies. A three‐judge panel may decide to uphold the original decision, reverse it, or send the case back for retrial. Unless appealed to the Supreme Court, decision of the courts of appeals are final. In 1982 Congress set up the U.S. Circuit Court of Appeals. This court hears cases from a federal claims court, the Court of International Trade, the U.S. Patent Office, and other executive agencies. The Court of International Trade has jurisdiction over cases dealing with tariffs. Citizens who believe tariffs are too high bring cases in this court. Legislative Courts In addition to these constitutional courts, Congress has created 7 legislative courts to help it exercise its constitutional powers. Federal claims court handles claims against the U.S. for money damages. The Tax Court hears cases from citizens who disagree with the IRS or other Treasury Department agencies about their federal taxes. The Court of Appeals fort eh Armed Forces hears cases of members of the armed forces convicted of breaking military law. Territorial Courts handle civil, criminal, and constitutional cases for the U.S. territories. Because the District of Columbia is a federal district they have their own court system. The Court of Appeals for Veterans handles cases arising from unsettled claims for benefits and other veteran problems. And finally, the Foreign Intelligence Surveillance Court operates in secret it consists of a panel of federal judges who govern the process of eavesdropping on citizens and foreigners inside the U.S. in national security cases. Selection of Federal Judges The President appoints all federal judges and the Senate approves them. A position on the federal bench is recognition of a lawyer’s high standing. Judges are appointed for life which grants freedom from public or political pressures when deciding cases The Constitution gives no particular qualifications for federal judges, but presidents often favor judges who belong to their own political parties. Because federal judges are appointed for life, judicial appointments are an opportunity for presidents to influence public policy after leaving office. Presidents customarily follow the practice of senatorial courtesy when appointing district judges. They request the approval of both senators from the nominee’s home state before making the appointment. In recent years a number of women and minorities have been appointed to the bench. Thurgood Marshall was the first African American Supreme Court justice and Sandra Day O’Connor was the first female Supreme Court justice.