Civics Ch. 16 Duplantis

is there a judiciary under the Articles of Confederation

no

when did Congress pass the Judicial act

1789

what is the judicial act

created federal district courts

how many federal district courts are in each state

at least 1

when were appeals courts made

1890

how many district courts do we have

around 90

what type of court system do national judiciary have

a dual court system

dual court system

means there are federal and state courts that operate simultaneously and handle their own cases

what cases do the national judiciary try

mostly sate issues and it not they skip over the state’s courts and go to the federal courts

what are the two kinds of federal courts?

constitutional and special courts

constitutional courts

courts formed under Article III to exercise “the judicial Power of the United States” (if there is a constitutionality question) (handle things that are interpreted powers and other things like that)

what is an example of constitutional courts

Duplantis not allowing to buy a gun, doesn’t get one because he is bald (he sues Academy for 2nd amendment), if it is because he is a felony then he has a problem with the law)

special courts

hear cases arising out of Congress’ expressed powers in article 1

what are examples of special courts

can make patens (issue with patens it is a federal court)

In federal court- Florida sued Georgia because Georgia was putting things in it, it was hurting Florida- interstate commerce

Piracy- federal court

terrorism- federal courts

jurisidiction

the authority of a court to hear a case (state- state law, federal- federal laws or the government)

when may a federal court hear a case

three different subject matter

what are the 3 reasons a federal court can hear a case

Cases involving the U.S. Constitution

* Rights from constitution are violated

Cases involving a violation of federal law (civil and criminal)

* ex: paten infringement, bankruptcy

Cases based on admiralty and maritime law

* Crime on the high seas- piracy, oil rigs, treasure

what are the parties in federal court jurisidition

1. Suits involving the federal government (Schenck vs. US)
2. Cases involving an ambassador, consul, or other representative of a foreign government
3. A state suing another state, resident of another state, foreign gov’t, or citizen of a foreign gov’t

* Ex. New York and New Jersey over river


4. Resident of one state suing resident of another for more than $75,000
5. U.S. citizen suing a foreign gov’t or one of its citizens

concurrent jurisdiction

case that can be heard in either federal or state court

what is an example of concurrent jurisdiction

resident of one state suing resident of another state for more that $75000

exclusive jurisdiction

case that can only be heard in federal court

what is an example of exclusive jurisdiction

everything else under federal jurisdiction that is not concurrent jurisdiction

original jurisdiction

the authority to hear a case first

what is an example of original jurisidiction

constitutional question- district courts

appellate jurisdiction

the authority to hear the appeal on a case after a lower court has made its decision

who has appellate jurisdiction

courts of appeals

where does appellate jurisdiction start

at district courts

can the supreme court have both original and appellate jurisdiction

yes

when do the supreme court usually have original jurisdiction

time sensitive cases

who nominates federal judges

the president

who confirms federal judges

the senate

are there constitutional qualifications for being a federal judge

no

what are the informal qualifications on being a fedetral judge

generally a state judge, prominent attorney, or law school professor

what are the benefits of being a federal judges

life term length and the salary is $165000

why is the term length for federal judges life

removing judges from political pressure when making decisions

what is the only way a federal judge can be removed

impeachment, retirement, or death

judicial restraint

•Rely on the intent of the Founders

•Shouldn’t create new policy (lawmakers make new policy)

•Avoid political/social decisions

•Conservatives/Republicans

judicial activism

•Interpret Constitution in light of changes to society

•Active role in shaping policy

•Don’t avoid political/social decisions

•Democrats/Liberals

order of the courts (case wise)

district court, court of appeals, and supreme court

when was the judiciary act made

1789

what is importance about 1789 judiciary act

shows that congress has the power to create the district courts

how many district courts do each state need

at least 1

when were district courts made

1789

how many district courts does la have

three

how many judges does the lousiana eastern district court have

13

what are the three district courts for la

western, middle, and eastern

total number of district courts

94

how many judges do district courts must have

at least 2

why are there so many district courts

to help the case load

what are the two other courts

FISA and alien terrorist rmoval court

FISA (foreign intelligence surveillance court)

issues secret search warrants against those suspected of being spies or terrorist

alien terrorist removal court

decides whether person identified as “alien terrorists” should be expelled from the country

original jurisdiction

the authority to hear a case first

who hears the most cases

district courts

why do district courts have the most amount of judges

they hear the most amount of cases

what are districts courts called

courts of first instance

what are the contents of district courts

trials, witnesses, evidence, juries (they are the only one to have all of these)

civil cases

about money

civil case

plaintiff vs. defendant

plaintiff

the one suing

defendant

the one being sued

criminal case

involving the violation of a criminal law

criminal case

prosecutor vs. defendant

prosecutor

representative of the government (state, parish, or country)

do appellate courts appear in the us constitution in article 3

no

when was the courts of appeals made

1891

why were appeal courts made

to relieve pressure on the supreme court, which was bogged down with cases

docket

list of cases to be heard

how many judges are assigned to an appeals court

between 6 and 28

how many judges need to hear the case

3

how many of the judges have to agree for the appeal to continue

the majority

what happens if there is a 50/50 split on the entrance of the appeal

it is not continued and is seen to be fine because it as heard in district courts and then the appeals court

appellate jurisdiction

authority to hear the appeal on a case after a lower court has made its decision

what are the rulings of appellate courts based on

legal error

how can the rulings of appellate courts be based on legal error

lawyers argue judge applied the law incorrectly, wrong procedure was used, or new evidence has come forward

what does not happen in the courts of appeals

it is not a new trial and evidence is not re-presented

who does not have the right to an appeal

the prosecution (the government)

why can the government not be appeal

would be double jeopardy (violation of the 5th amendment)

are there juries in appellate courts

no

what people are used in appellate courts

a panel of 3 more judges reads the written briefs, hears the oral arguments, and makes a decision

en banc

all of the judges in a circuit participating in a decision (any amount of them)

what level have precedent

appeals level

precedent

previous decisions based on similar facts

what do the decision of an appellate court make

whether or not a district court properly interpreted the law are used for future cases

are their appeals courts for every state

no

how many district courts are there

13

louisiana is what district of the federal court of appeals

5th

what states do the 5th circuit appeal court hear from

louisiana, mississippi, and texas

who do the dc circuit courts hear cases from

dc and from regulatory commission decisions

why does dc have their own appeals court

because they are a district- not a state

what does a federal circuit in washington dc hear from

special cases like patens or international trade cases

when was the courts of international trade made

1890 and restructured in 1980

how many judges are on the court od international trade

9

what do the courts of international trade hear cases from

any civil cases that is related to the nation’s customs and trade laws

what does the court of international trade have original jurisidiction on

any civil cases relating to the nation’s customs and trade laws

what is the only court mentioned in the constitution

the supreme court

which court has the final say on all federal laws

supreme court

how many justices are there

9

who decides on how many justices there should be

congress

how many chief justices are there

1