Federal Courts: Structure, Jurisdiction, and Supreme Court Processes

Intersection of courts and democracy

Some of the earliest struggles between colonists and Great Britain involved the courts.

Bill of Rights

Much of the Bill of Rights includes the rights of the accused.

Framers' belief about courts

The Framers believed courts were crucial to democracy and kept judges independent to avoid political coercion.

Articles of Confederation and national court system

False

Article establishing the national judiciary

Article III

Dual court system levels

Federal Courts and State Courts

Types of federal courts

Constitutional Courts and Special Courts

Constitutional Courts

Created under Article III; include the Supreme Court, Courts of Appeals, District Courts, and the U.S. Court of International Trade.

Special Courts

Created by Congress under its expressed powers (Article I) to handle specific subject-matter cases like taxes, military, or territories.

Jurisdiction

Authority of a court to hear a case.

Establishing jurisdiction

Subject matter and Parties involved

Parties that can make a case federal

The U.S. or one of its officers/agencies, An ambassador, consul, or official representing a foreign country, One of the 50 States suing another State or resident, A citizen of one State suing a citizen of another State, An American citizen suing a foreign government or its subjects, Two citizens of the same State claiming land under grants from different States.

Types of jurisdiction

Exclusive Jurisdiction and Concurrent Jurisdiction

Exclusive Jurisdiction

Only federal courts may hear.

Concurrent Jurisdiction

Shared by state and federal courts (diverse citizenship ≥ $75,000).

Original jurisdiction

Court where a case is first heard.

Appellate jurisdiction

Courts that review cases on appeal; they do not retry cases, only decide if law was correctly applied.

Appointment of federal judges

The President appoints federal judges.

Confirmation of federal judges

The Senate confirms them.

Senatorial Courtesy

The President consults a State's Senators before appointing a judge for that State.

Influences on judge selection

Attorney General, presidential aides, political parties, and interest groups.

Judicial Restraint

Judges decide cases by the Framers' original intent and precedent.

Judicial Activism

Judges interpret laws by current conditions and values (often civil-rights or welfare cases).

Terms of federal judges

Life appointment; removable only by impeachment. Judges on Special Courts serve 8-15 year terms.

Number of Supreme Court justices

9 (1 Chief + 8 Associates)

Why is it the third branch?

Placed equal to Congress and the President; final authority on constitutional and federal law.

Judicial Review

Power of the Court to decide whether a government action is constitutional.

Case establishing judicial review

Marbury v. Madison (1803)

Supreme Court jurisdiction

Both original and appellate.

Original-jurisdiction cases

Disputes between two or more States; Cases involving ambassadors or other public ministers (not consuls).

Ways the Supreme Court gains appellate jurisdiction

Writ of Certiorari - order for a lower court to send up a case record for review; Certificate - lower court asks the Supreme Court to clarify a question of law.

Most common way cases reach the Court

Writ of Certiorari.

Chief Justice

John Roberts

Supreme Court case process

Hearing Oral Arguments; Justices hear cases in two-week cycles from October - May hearing cases for two weeks, then going on recess for two weeks.

Court convenes

At 10am Monday, Tuesday, Wednesday, and sometimes Thursday.

Oral arguments for each case

Limited to 30 minutes for each side.

Solicitor General

Nation's chief trial lawyer; represents the U.S. before the Supreme Court and decides which cases to appeal.

Three Supreme Court opinions

Majority Opinion - "Opinion of the Court" explains the decision; Concurring Opinion - agrees with majority but for different reasons; Dissenting Opinion - disagrees with the majority.

Who establishes inferior courts?

Congress

How many district courts?

94

Three-judge panels hear

Congressional districting cases; State legislative apportionment questions; Civil Rights Act (1964) and Voting Rights Acts (1965, 1970, 1975, 1982) cases; Certain antitrust actions.

Terrorism-focused courts

Foreign Intelligence Surveillance Court (FISA) - 11 judges, 7-year terms, appointed by Chief Justice; Alien Terrorist Removal Court - 5 judges, 5-year terms.

Who appoints judges to these courts?

Chief Justice of the U.S.

District courts have original jurisdiction on

80% of federal cases.

District-level cases

Both criminal and civil.

Most district decisions appealed?

False - Most are not appealed.

How many appellate courts?

13 U.S. Courts of Appeals.

Judges per case

Three-judge panel.

Appellate courts retry cases?

False.

Trial court for trade & customs laws

U.S. Court of International Trade.

Purpose of military courts

Disciplinary purposes for armed forces.

Two military appeals courts

Court of Appeals for the Armed Forces; Court of Appeals for Veterans Claims.