Unit 6: Article III, The Federal Judiciary

Which branch of government is established by Article III of the US Constitution?

The federal judiciary.

Why did the necessity of a federal judiciary seem less obvious to the Founding Fathers?

Because most crimes and civil disputes were traditionally handled by state courts.

What percentage of court cases in the US are heard in state courts today?

Nearly 99 percent.

What famous quote by Alexis de Tocqueville summarizes the importance of courts in the US?

“There is hardly any political question in the United States that sooner or later does not turn into a judicial question.”

Name the three types of legal questions that require federal courts.

Interpretation of the Constitution, interpretation of federal laws, and disputes between states or citizens of different states.

Why can’t states interpret the US Constitution independently?

Because the Constitution is the supreme law and requires uniform interpretation across the country.

Why are disputes between states handled at the federal level?

To ensure a neutral arbiter between the states.

Which federal court is created directly by the Constitution?

The United States Supreme Court.

What power does Congress have regarding the judiciary under Article III?

The power to create inferior (lower) federal courts when necessary.

Which branch nominates federal judges?

The executive branch (the President).

Which body confirms federal judicial nominations?

The US Senate.

What does “judges shall hold their offices during good behaviour” mean?

Federal judges have life tenure unless impeached for serious misconduct.

How does the Constitution protect judges’ salaries?

Their compensation cannot be reduced while they are in office.

Why are life tenure and salary protection important?

They guarantee judicial independence from political pressure.

What are US District Courts?

The lowest level of federal courts.

When were US District Courts created?

In 1789, by the Judiciary Act of 1789.

How many US District Courts exist today?

94.

What type of jurisdiction do District Courts have?

Original jurisdiction (courts of first instance).

What kinds of cases do District Courts hear?

Federal civil cases, diversity cases, and federal criminal cases.

Why were US Courts of Appeals created?

To reduce the workload of the Supreme Court.

When were Circuit Courts created?

In 1891.

How many federal Courts of Appeals exist?

13.

What are the names of the non-numbered circuit courts?

The D.C. Circuit and the Federal Circuit.

What is the main function of Circuit Courts?

To hear appeals from District Courts.

Do Circuit Courts hear new evidence or witnesses?

No, they review legal errors and legal reasoning.

How many judges usually sit on an appellate panel?

Three judges.

Why is the US Supreme Court so powerful?

It has the final authority to interpret the Constitution and federal law.

How many justices sit on the Supreme Court?

Nine.

Who appoints Supreme Court justices?

The President, with Senate confirmation.

What type of jurisdiction does the Supreme Court mostly have?

Discretionary appellate jurisdiction.

What is a writ of certiorari?

A request asking the Supreme Court to review a lower court decision.

What is the “rule of four”?

At least four justices must agree to hear a case.

Approximately how many cases does the Supreme Court hear each year?

Fewer than 100.

What is judicial review?

The power of courts to determine whether laws or government actions are constitutional.

What is a majority opinion?

The written opinion explaining the Court’s decision supported by most justices.

What is a legal precedent?

A Supreme Court decision that must be followed by lower courts.

Who can overrule a Supreme Court precedent?

Only the Supreme Court itself.

What does “jurisdiction” mean in the context of federal courts?

The types of cases federal courts are allowed to hear and decide.

Why is federal jurisdiction described as “limited”?

Because most criminal, civil, and family law cases are handled by state courts.

Approximately how many cases are filed each year in state courts compared to federal courts?

Over 100 million in state courts versus about 400,000 in federal courts.

How many state judges are there compared to federal judges?

About 30,000 state judges and around 1,700 federal judges.

What does Article III mean by “cases and controversies”?

Real, current disputes between parties with a direct stake in the outcome.

What types of issues are excluded from federal jurisdiction?

Advisory opinions, hypothetical disputes, and purely political questions.

Why must a federal case be “real and current”?

Federal courts cannot rule on abstract or anticipated disputes.

What are the two main categories of federal subject-matter jurisdiction?

Federal question jurisdiction and diversity of citizenship jurisdiction.

What is federal question jurisdiction?

Jurisdiction over cases arising under the US Constitution or federal laws.

How has the Supreme Court interpreted federal question jurisdiction?

Broadly, allowing cases with any “federal ingredient.”

What is 28 U.S.C. § 1331?

A federal statute granting jurisdiction over cases arising under federal law.

Can federal courts hear anticipated or hypothetical federal issues?

No, the issue must be based on an actual or ongoing situation.

What is the “well-pleaded complaint rule”?

The federal issue must be clearly stated in the plaintiff’s original complaint.

Can a federal issue be added later just because a party lost in state court?

No, new federal jurisdiction claims are rarely accepted.

Give an example of a federal question case involving social policy.

A claim for denied federal Social Security benefits.

Give an example of a federal question case involving employment law.

A lawsuit alleging violation of federal anti-discrimination laws.

Why is patent infringement a federal question?

Because patents are regulated by federal law under Article I, Section 8.

What is diversity of citizenship jurisdiction?

Federal jurisdiction over civil disputes between citizens of different states.

Who qualifies as a “citizen” for diversity purposes?

Individuals and business entities, including corporations.

Why are diversity cases sometimes heard in federal court?

To ensure neutrality when parties come from different states.

What monetary threshold must be met for diversity jurisdiction?

The amount in controversy must exceed $75,000.

Give an example of a diversity malpractice case.

A New Jersey patient suing a New York doctor.

Give an example of a diversity commercial dispute.

A Nevada company suing a California supplier.

Why would a $76,000 renovation dispute qualify for federal court?

Because the amount exceeds the $75,000 threshold.

Is federal jurisdiction always exclusive?

No, many federal and diversity cases may also be heard in state courts.

What is concurrent jurisdiction?

When both federal and state courts can hear the same type of case.

How did the 11th Amendment affect Article III jurisdiction?

It limited certain lawsuits against states in federal court.

What is original jurisdiction?

The authority to hear a case at first instance (trial level).

What is appellate jurisdiction?

The authority to review decisions made by lower courts.

In which cases does the Supreme Court have original jurisdiction?

Mainly disputes between states and certain constitutional cases.

How does the US Constitution define treason?

Levying war against the US, aiding its enemies, or giving them support.

Why is treason treated differently from other crimes in the Constitution?

Because it is explicitly defined with strict procedural safeguards.

What evidence is required to convict someone of treason?

Testimony of two witnesses to the same act or a confession in open court.

Who has the power to decide the punishment for treason?

Congress.

What does “no corruption of blood” mean?

Family members cannot be punished for the crime of treason.