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The federal courts help keep order in society.
Role of the Federal Courts
SS.7.C.3.3, SS.7.C.3.8, SS.7.C.3.11, LA.7.1.6.1
What is the role of the federal courts?
What would society be like if people had no way to settle disputes in a fair manner? Would disputes lead to violence? Would the
strongest people always win? Fortunately, in the United States, we settle disputes between people in courts.
Courts make up the judiciary, or the judicial branch of government. This branch has two main jobs. It tries to ensure that the laws are
fairly enforced. It also interprets the laws.
Courts hear two types of cases: criminal cases and civil cases. In a criminal case, people accused of crimes appear in court for a trial.
In a criminal trial, witnesses give evidence. A jury or a judge decides on a verdict of guilty or innocent.
Civil disputes occur between parties who feel that their rights have been harmed. In a civil case, each side presents its position in
court. The court applies the law to the facts before it. Then it decides in favor of one side or the other. There are three kinds of civil
disputes: between two private parties (people, companies, or organizations), between a private party and the government, and
between the U.S. government and a state or local government or between state governments.
Origin of the Federal Court System
From 1781 to 1789, the United States was governed by the Articles of Confederation. Under this government, there was no national
court system. Each state had its own laws and its own courts. There was no way to guarantee that people would receive equal justice
in all the states.
To solve these problems, the Founders decided to create a federal judiciary. Article III of the Constitution established a national
Supreme Court. It also gave Congress the power to make lower federal courts if Congress saw the need for them.
Congress lost little time in creating lower federal courts. With the Judiciary Act of 1789, it established two types of lower federal
courts: district courts and circuit courts. The district courts served as trial courts for distinct geographic regions. They handled minor
civil and criminal cases. The circuit courts took more serious cases and heard appeals from the district courts. In 1891, Congress took
trial responsibility from the circuit courts, making them exclusively courts of appeal. Over the years, the basic structure of the federal
court system has remained the same. The 94 district courts at the lower level are trial courts. The 13 circuit courts in the middle are
appeals courts. The Supreme Court, the court of final appeal, is at the top.
Dual Court System
The United States has a dual court system. Our federal courts exist alongside 50 separate state court systems. Each state has its
own laws and courts. The state courts get their powers from state constitutions and laws. Federal courts get their powers from laws
passed by Congress.
The Goal of the Court System
The words “Equal Justice Under Law” are written on the building that houses the United States Supreme Court. Our legal system is
based on this ideal. The goal of this legal system is to treat every person the same.
Under the Constitution, every person accused of breaking the law has the right to have a public trial and a lawyer. If an accused
person cannot afford a lawyer, the court will name one and pay for his or her services. Each person is presumed, or assumed to be,
innocent until proven guilty. Each person has the right to ask the courts to review his or her case if, in the person’s view, the law has
not been applied correctly.
The ideal of equal justice is difficult to achieve. Judges and juries are not free from their own prejudices or those of their community.
Poor people do not have the money to spend on the best lawyers, as wealthy people and large companies do. Nonetheless,
American courts try to uphold this ideal.
Explaining Why did the Framers of the Constitution create a federal judiciary?
21st Century SKILLS
Critical Thinking: Categorizing
The Constitution offers protections to ensure equal justice for all. But there are obstacles to achieving this ideal.
Create a two­column chart to show the protections and the obstacles in the struggle to treat every person the same under the law.
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Federal Court Jurisdiction
SS.7.C.3.3, SS.7.C.3.8, SS.7.C.3.11
What kinds of cases are heard in federal courts?
Article III of the Constitution gives federal courts jurisdiction—the authority to hear and decide a case—only in certain kinds of cases. Placing
limits on these courts prevents them from interfering with state courts.
Federal cases must involve the Constitution, federal law, or the federal government. These courts also handle cases that involve different
states or people from different states. Finally, federal courts handle cases that involve some special areas of law as well.
The Constitution and Federal Law
Suppose a person believes that a constitutional right, such as freedom of speech, has been violated. That person could sue in federal court.
Congress has passed laws that define some actions as federal crimes. Examples are kidnapping, tax evasion, and counterfeiting. Federal
courts handle these cases. They also hear civil cases that involve federal laws.
Disputes Between States or Parties from Different States
Disagreements between state governments are taken to federal court. Suppose the states of Colorado and California disagree over which has
a greater right to water from the Colorado River. A federal court would handle that case.
Lawsuits between citizens of different states also come under the federal courts. Suppose that someone from Maine thought that a company
in another state had made a faulty product that harmed him or her. The person from Maine would sue the company in federal court.
Admiralty and Maritime Laws
Admiralty and maritime laws concern crimes, accidents, and property at sea. For example, two parties might disagree over which of them has
the right to property recovered from a shipwreck. That case would be handled in federal court.
The Federal Government
The government is not above the law. When the government is part of a legal dispute, the matter goes to federal court. For example, the
government might sue a company for failing to deliver goods as promised in a contract. Or a company might sue the government for not
paying for goods on time.
Cases with Foreign Governments and U.S. Diplomats
Any dispute between a foreign government and the U.S. government goes to federal court. The same is true when there is a dispute between
a foreign government and an American company or citizen. Also, if American officials at work in another nation are accused of a crime, this is
a federal case.
Types of Jurisdiction
For most of the areas just described, federal courts have exclusive jurisdiction. That is, only they have the authority to hear the cases.
When state law is involved, the case is heard in a state court. Most U.S. court cases involve state law and are tried in state courts.
Sometimes, though, either a federal or a state court could hear a case. In that situation, the two courts are said to have concurrent
jurisdiction. For example, either court may try someone accused of committing a crime that breaks both state and federal law. The same is
true when citizens of different states have a dispute with a value of at least $75,000. In such a case, the person who brings the suit can
choose either a federal court or a state court. The person being sued has the right to insist on the case being heard in a federal court, though.
Identifying What are two examples of cases where the federal courts would have exclusive jurisdiction?
LESSON 1 REVIEW
Review Vocabulary
1. How is jurisdiction divided in the dual court system?
LA.7.1.6.1
2. What is the difference between exclusive jurisdiction and concurrent jurisdiction?
LA.7.1.6.3
Answer the Guiding Questions
3. Identifying What are the three levels of the federal court system?
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SS.7.C.3.11
4. Explaining Where do the federal courts get their power?
SS.7.C.3.3
5. EXPOSITORY WRITING How does the Constitution define and limit the power of the federal courts?
SS.7.C.3.8
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