Unit 10- The Federal Court System

Constitutional Law

Constitutional Law

sets up basic structures of American government

Statutory Law

written law at the national, state, and local levels

Administrative Law

rules and regulations issued by executive agencies

Common Law

unwritten judge made law

International Law

treaties and agreements between nations

Criminal Law

specific offenses against the public

Civil Law

deals with relations between individuals

Types of cases a federal court has jurisdiction over

1. US government is involved

2. Cases involving foreign diplomats

3. Case between 2 states

4. A citizen of one state and a citizen of another state

5. A citizen of one state vs. the government of another state

hears cases that involve all federal, criminal, and civil law

US District Courts

hear appeals from US district courts and other federal agencies

US Court of Appeals

civilian court that reviews decisions made by lower military courts

US Court of Appeals for the Armed Forces

Groups that make a contribution in selection a federal judge

1. American Bar Association

2. Senate

3. Justice Department

4. Media

5. Special Interest Groups

6. Public Opinion

2 ways in which a case can reach the Supreme Court

1. by appeal

2. writ of certiorari

lawyer from justice department who represents the federal government before the supreme court

Solicitor General

When is the supreme court in session

October through June

written expression on the position of the supreme court

Opinion

written by justices who disagree with decision handed down by the court

Dissenting Opinion

written by justice who agrees with a courts decision but not the reasoning behind it

Concurring Opinion

Judicial Review

supreme court decides what the constitution means

supreme court uses prior decisions to decide cases

Judicial Precedent

when a court feels they should avoid political questions and uphold most laws

Judicial Self-Restraint

court want to be an instrument of social change

Judicial Activism

9 Judges and Party

Conservative- Roberts, Gorsuch, Alito, Kavanaugh, Thomas, Barrett

Liberal- Jackson, Kagan, Sotomayor

Law of Equity

prevents wrongs from occuring