Chapter 19

The Creation of a National Judiciary
 The federal court system was establishes by
Article III of the Const.
 The US has two separate court systems
▪ The national system
▪ Each state’s system
 Congress has created two types of federal courts
▪ Constitutional courts: exercise broad judicial powers
▪ Special, or legislative, courts: created by Congress to
hear a limited range of specialized cases

Jurisdiction In the Federal Courts
 Jurisdiction is the right to hear and decide a case.
 Federal Courts hear cases that deal with certain
subject matter:
▪ The case deals with the Constitution
▪ The case deals with federal laws
▪ The case arose in the high seas or navigable waters of
the US

Jurisdiction In the Federal Courts cont’d
 Federal Courts hear cases that involve certain
parties:
▪
▪
▪
▪
The US government
A US official (acting in an official capacity)
A foreign official
A case with a state vs. state component

Court Officers
 Judges
▪ Nominated by the President and Confirmed by the
Senate (presidents usually choose people from their
own political party who share their philosophy of gov’t)
▪ Most
 Other Court officers

Inferior Courts are all the constitutional
courts below the Supreme Court

The District Courts
 Hear 80% of the federal caseload (300,000 +)
 Each state is at least 1 district, each district has 2
judges
 District Courts have original jurisdiction over most
cases heard in federal courts
▪ They hear both civil and criminal cases
▪ They use both grand and petit juries

The Courts of Appeals
 Created in 1891 as “gatekeepers” to the Supreme
Court
▪ No juries, judges decide if the lower case was done
improperly. If so, a new trial is ordered.
 Appellate courts are regional and usually hear
appeals from courts within their circuits
 Hear appeals from District courts, the US Tax
Court, the territorial courts and decisions of
federal regulatory commissions

Two Other Constitutional Courts
 Court of International Trade
▪ 9 judges
▪ Hears civil cases arising out of the tariff and traderelated laws
 Court of Appeals for the Federal Circuit
▪ 12 judges
▪ Created to centralize the appeals process in certain
types of federal cases and from certain lower and special
courts

Judicial Review
 The power to decide if an act of government is
constitutional. It makes the courts the 3rd EQUAL
branch

Jurisdiction
 The Supreme Court has both original and
appellate jurisdiction, but most of its cases are
appeals

How Cases Reach the Court
 “Rule of Four”: at least four judges must agree
that the Court should hear a case before it is
selected for the Court’s docket
 If they take the case, the Court issues a writ of
certiorari – an order to a lower court to send up the
record of a case.
 Some cases reach the court by certificate – when
an appellate court, State Supreme Court, or
others request a ruling

The Supreme Court at Work
 Oral Arguments: lawyers speak to the justices
 Briefs: written documents supporting one side of a
case
 Solicitor General: represents the US at the Supreme
Court
 The Conference: justices meet in secret session to
discuss and vote on the cases they’ve heard
 Opinions: majority opinion (Opinion of the Court)
explains their decision. There are also concurring and
dissenting opinions.

The Court of Federal Claims
 The US can be sued only if it gives its consent
 Can award damages against the Federal Gov’t

The Territorial Courts
 Courts for the nation’s Terrritories (Puerto Rico,
etc)
 Work like local courts

The Courts of the District of Columbia
 Congress set up a court system for DC

The Court of Appeals for the Armed Forces
 5 civilian judges appointed to 15 year terms
 Hears appeals from court-martial convictions and is
usually the court of last resort for military

The Court of Appeals for Veterans Claims
 7 judges appointed to 15 year terms
 Hear appeals from veterans who claim the Veterans
Administration is mishandling their case

The US Tax Court
 19 judges with 15 year term
 Hears civil involving disputes over the application of
tax laws