Chapter 2 CRIM - Federal Courts

describe the dual court system

one national court system and separate court systems in each of the states and DC

what is jurisdiction

the power of the court to decide a dispute

what are the different types of jurisdiction

• geographical jurisdiction and venue

• subject matter jurisdiction

• personal jurisdiction

• hierarchical jurisdiction

what is geographical jurisdiction and venue

• a state may only govern over violations of law occurring within the territory of that state

• venue is the location of area in which a court having geographic jurisdiction may hear a case

what is extradition

involves the surrender by one state of an individual accused of a crime in another jurisdiction

what is subject matter jurisdiction

• some courts are restricted to hearing a limited category of cases

• limited or special jurisdiction courts often can only oversee misdemeanors or small claims civil suits

• general jurisdiction courts can oversee all types of cases in their geographical jurisdiction

what is personal jurisdiction

• the court’s power over an individual person or corporation

  • military courts

what is hierarchical jurisdiction

• refers to difference in the courts functions and responsibilities

• original jurisdiction courts have the authority to try and decide a case

• appellate jurisdiction courts have the power to review cases that have already been decided by another court

whats an example of hierarchical jurisdiction

the US supreme court has original jurisdiction over disputes between the states, but appellate jurisdiction over federal and state trial court decisions

what is the difference between trial and appellate courts

trial courts - almost all cases begin in a trial court that has original jurisdiction

• only trial courts hear disputes over facts

losing party has the right to request an appellate court review of the finding

• ensuring the trial court correctly interprets the law

• they do not hear testimony from witnesses, conduct trials, or use juries

• a single judge or a panel of judges makes the appellate decision

when was Article III established and why

in the Constitutional Convention (1787) - established the court system

what was the Judiciary Act of 1789

it created the foundation of the current federal court system

• est. boundaries of district courts

• federal courts jurisdiction (limited vs. general)

• federal district judge selection process

Marbury v Madison (1803)

grant judicial review power to the courts

what is the Court Appeals Act of 1891

• created the circuit courts of appeals

• alleviated burden of the supreme court

how many U.S. district courts are there

94 (89 within the 50 states at least one in each state)

none crosses state lines per the Judiciary Act of 1789

some states have more than one

describe district judges

• 663 permanant and 10 temporary court judgeships

• serve for term of good behavior

• number of judgeships within a district vary

• they are assisted by clerks, secretaries, judicial law clerks, court reporters, probation and pretrial services officer, US marshals, and US attorneys

• assisted by 345 bankruptcy judges

describe magistrate judges

• created in 1969 ro replace US commissioners and alleviate the increased workload of the district courts

• responsibilities

  • preside over preliminary proceedings in felony cases

what types of cases do federal courts adjudicate

this refers to the federal question jurisdiction per Article III

• suits between states

• involving high ranking public figures

• federal crimes

• patent, copyright, and trademark cases

• admiralty

• antitrust

• securities and banking regulation

what is diversity of citizenship jurisdiction

• involves suits between citizens of different states or between a US citizen and a foreign country or citizen

• federal courts apply state law when adjudicating state claims in federal court

• these filings are a significant portion of the federal civil caseload

what are discrimination laws and civil rights cases

• federal laws prohibit discrimination in domains of employment, welfare, housing, and voting on the bases of

  • race, religion, sex, age, national origin, and disabilities

what are prisoner petitions

• inmates retain constitutional rights despite being convicted of a crime

• lawsuits seeking to enforce their rights are collectively referred to this

  • habeas corpus

  • motions to vacate sentence

  • mandamus petitions

  • section 1983 and Bivens Civil rights action

what did the Warren Court (1953-1969) do

set standards for policing and court processes in federal, state, and local cases

• right to counsel

• broadening notions of fair trial

• expanding the right to appeal

• regulating how law enforcement officers gather evidence and interrogate suspects

• use of habeas corpus proceedings for questioning sentencing and punishment

when was the US Court of Appeals created and why

by Congress in 1891 to relieve the Supreme Court from hearing a growing number of appeals (originally called “circuit courts of appeal)

how many federal circuits are there

13 - 12 regional covering specific geographic areas and one specialized that handles naitonwide, specific subject matter appeals

describe Circuit Judges

• 179 judges nominated by the president and confirmed by Senate

• number of judges in each circuit depends on volume of caseload

• one chief judge is appointed per circuit

• cases are decided by rotating 3-judge panel

what is en banc

when cases are decided where all members of the ciruit are present

where is the Supreme Court in the flowchart of the court system

the court of last resort in the federal court system

describe Supreme Court Justices

• one chief justice, 8 associate judges

• appointed by the US president with advice and consent from the Senate

• there is no mandatory requirement age but must maintain “good behavior”

what kind of jurisdiction does the Supreme Court exercise

appellate jurisdiction - reviews decisions of lower federal courts and high state courts

what is writ of certiorari

this is granted when the Supreme Court agrees to hear an appellate case from a lower court

• they determine whether the law has been applied correctly in said case

what is Granting certiorari: The Rule of Four

• a vote of four justices is required to grant certiorari to review a case

• this is a custom, not a law or rule

• the Court’s discretion is guided by whether a case presents questions that have “importance beyond the facts and parties involved”

• failure to grant certiorari is not an affirmation of the lower court decision

what is the schedule for Supreme Court cases

begins annual term on the first Monday in October and continues through June or July of the next year

fluctuate between recesses (study cases) and sittings (hear cases and deliver opinions)

what are courts established by Congress under Article III known as

constitutional courts

what are judicial bodies established by Congress under Article 1 known as

legislative courts

what are some examples of legislative courts

• the military courts

• foreign intelligence surveillance act (FISA) court

• immigration courts

what did the Administrative Office Act of 1939 do

created the current administrative structure of the federal judiciary

• expanded the responsibilities of the Judicial Conference

• Created the Administrative Office of the US Courts

• Est. the judicial councils

describe the Chief Justice

• presiding officer of the U.S. Supreme Court

• has supervisory authority over entire federal judicial system

• regulates attorney admissions to the Supreme Court bar

• other ceremonial and administrative responsibilites

describe the Judicial Conference of the US

the administrative policy-making organization of the federal judicial system

describe the Administrative Office (AO) of the US Courts

responsible for implementing the policies established by the Judicial Conference by handling day to day admin tasks of the federal courts

describe the Federal Judicial Center

research and training arm of the federal judiciary

describe the judicial councils

“circuit council”

basic administrative unit of a circuit

describe the US Sentencing Commission

• independent agency

• 7 members - a chairperson, 3 vice chairs, and 3 commissioners appointed by the president

• charged with developing federal sentencing guidelines, assist congress with federal sentencing policy, assist judges with sentencing, act as a clearinghouse for research on federal offenders

how many criminal cases are sentenced in the federal courts each year

60-70,000