LJA Chapter 3

Federal Courts

• Source: Article III of the United States Constitution

• Key principle: The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as Congress may from time to time ordain and establish.

• Overall system: Federal courts structured from trial courts (district courts) to intermediate appellate courts (courts of appeals) to the highest court (Supreme Court).

Federal Court Structure

• District Courts

  • 94 total across the United States

  • Organization by geography; Florida is divided into three districts: Northern, Middle, Southern

  • Example in Middle District of Florida: Samuel M. Gibbons Court House, Tampa, Florida

  • Courts of Original Jurisdiction (Trial Courts): hear cases first; open court process; parties present evidence, question witnesses, and present case

  • Trier of Fact: determines the true facts of the case

  • Jury Trial: a jury of $12$ decides the facts

  • Bench Trial: the judge decides the facts

• District Court Jurisdiction

  • Federal Jurisdiction: power to hear cases under federal law

  • Types of cases:

  • Federal Criminal Law violations

  • Civil actions involving federal law or the U.S. Constitution

  • United States as a party

  • Diversity of Citizenship: plaintiff and defendant from different states and amount in controversy exceeds $75{,}000$

• Other Courts (not district courts but in the federal system)

  • Bankruptcy Court

  • U.S. Court of International Trade

  • U.S. Claims Court

  • U.S. Tax Court

  • Foreign Intelligence Surveillance Court (FISA Court)

• Federal Appellate Court

  • United States Court of Appeals: intermediate appellate courts that review district court decisions

  • Appellate Jurisdiction: power to review what happened in a lower court

Circuit Courts of Appeal

• Thirteen circuits in the United States

• Largely geographic; Florida belongs to the Eleventh Circuit (with Florida, Georgia, Alabama)

• Primary function: review cases appealed from the district courts within the circuit

Eleventh Circuit Court of Appeals

• Notable notes from the slide:

  • Has hired two University of Tampa graduates as law clerks; Honorable Judge Adalberto Jordan

• What happens on appeal?

  • Appellate court reviews what happened at the trial level

  • Both parties have the right to appeal, but typically the losing party does

  • Exception: prosecutors cannot appeal a not guilty verdict

  • Appellate court assesses whether the trial ensured a fair process and whether the law was correctly applied

  • Appellate review is not a re-trial and not a de novo re-evaluation of the trial court’s decision

What Happens on Appeal?

• Appellate process:

  • Lawyers file appellate briefs: written documents presenting factual and legal contentions; briefs reference the Record (trial proceedings)

  • Record includes transcripts, evidence exhibits, jury instructions

  • Three-judge panel conducts review; oral argument may be held (+/-) where lawyers argue directly to the panel

  • If no oral argument: judges decide based on briefs and record

• Possible outcomes:

  • Affirm: uphold the district court’s ruling

  • Reverse: district court’s ruling is incorrect; the appellate court overturns

  • Remand: district court’s ruling is incorrect but case is sent back to district court to be reheard

• Precedential effect:

  • Appellate decisions become binding precedent within that circuit (Stare Decisis)

• If you lose on appeal:

  • Petition for an en banc hearing (the entire panel of judges on the circuit)

Supreme Court

• The Supreme Court is the highest court in the land; it has discretionary review power

• How cases reach it:

  • Writ of Certiorari: a petition requesting the Supreme Court to review a lower court decision

  • Rule of Four: four Justices must agree to hear the case and grant certiorari

• Original Jurisdiction (limited contexts):

  • Article III, Section 2, Clause 1: in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the Supreme Court has original jurisdiction

Court Information & Access

• PACER: Public Access to Court Electronic Records

  • Lists all parties, judges, lawyers; provides case chronology, judgments, and status; includes bankruptcy case listings

• CM/ECF: Case Management/Electronic Case Filing

  • How lawyers file pleadings in federal cases

State Court Systems

• States generally mirror the federal structure but are governed by state law

• Typical structure:

  • Trial Courts

  • Intermediate Courts (review decisions of trial courts)

  • Court of Last Resort (the highest state court)

• Some states lack an intermediate appellate court:

  • Maine, Montana, New Hampshire, Rhode Island, South Dakota, Vermont, West Virginia, Wyoming, and (in a note) Delaware (Delaware’s Supreme Court also hears some trial matters)

Florida’s Structure (as a case study)

• Florida structure mirrors the general state model with its own naming:

  • Supreme Court (court of last resort)

  • District Court of Appeals (intermediate court)

  • Circuit Court (trial court)

  • County Court (misdemeanors)

• Important caution: Do not confuse Florida’s state structure with the federal system

Becoming a Judge

• Becoming a Federal Judge (Article III judges):

  • The President selects a nominee; the Senate confirms by majority vote

  • Article III protections: lifetime tenure; the salary cannot be reduced by Congress

  • No formal education or age requirements are constitutionally mandated (practical qualifications vary)

• Becoming a State Court Judge (varies by state):

  • Methods include partisan elections, non-partisan elections, gubernatorial appointment

  • Florida-specific process often uses a hybrid system with a Judicial Nominating Commission and appointments for terms, followed by elections

• Florida-specific details:

  • Trial Court (County/Circuit) Judges: 6-year terms; appointed after vacancy with advice from Judicial Nomination Commission; serves until next election (often 2 years)

  • Non-Partisan elections: every 6 years; sitting judge vs. challenger; mandatory retirement at age 75

• District Court of Appeals & Florida Supreme Court:

  • Appointed by the Governor; subject to retention elections on the next available election; retention every 6 years after first retention; mandatory retirement at 75

• Florida Judge Qualifications:

  • County & Circuit Judges: live in Florida; active member of the bar for 5 years; under 75

  • District Court of Appeals and Supreme Court: live in Florida; active bar for 10 years; under 75

Can Professor Connally be a Judge? (Illustrative example)

• Federal level: yes for District Court and for Circuit Court; yes for Supreme Court

• Florida: District Court of Appeals No; Circuit Court Yes; Supreme Court No

• Takeaway: Judicial eligibility depends on jurisdiction and specific requirements of the court

The Legal Community & Players

• Key players include judges, lawyers, clerks, paralegals, court staff, and the broader legal community

• Roles to know:

  • Court Clerk, Court Reporter, Bailiff

  • Lawyers/Attorneys: must have undergraduate degree, JD, and pass the bar

• The system also includes support and professional organizations that regulate education and practice

Court Personnel

• Court personnel definitions:

  • Judge: presides over court proceedings

  • Court Clerk: assists with filing, docketing, and court management

  • Court Reporter: records testimony; produces transcripts

  • Bailiff: maintains safety and order in the courtroom

• Lawyers (Attorneys):

  • Undergraduate degree + Juris Doctor (JD) + bar exam passage

• Paralegals (Legal Assistants):

  • Assist lawyers; cannot represent clients, file documents in their own name, or give legal advice; no national accreditation; regulation varies by state

Bar Exam & Bar Admission

• Bar exam basics:

  • Typically a two-day exam; some states require three days (e.g., Delaware, Texas, Nevada, South Carolina)

  • Passing the state's bar allows practice within that state

• Reciprocity:

  • Some states allow admission based on bar admission in other states; Florida does not generally accept other states’ bars; Washington, D.C. accepts most other states’ bar admissions

• Diploma Privilege:

  • Pre-COVID 19, Wisconsin waived the bar exam for graduates of Wisconsin law schools

• Can I be a lawyer without a law degree? (Diploma Privilege or nontraditional routes)

• Can I be a lawyer without law school?

  • Four states historically allow practice without traditional law school: California, Virginia, Washington, Vermont

  • California example requirements: two years of college (or equivalent), high GPA, apprentice with a judge/attorney for four years, study hours, and passing the “baby bar” before the actual bar

• California’s “baby bar” and modern practice involve staged exams and practical licensing steps

• Recent example: Kim Kardashian-West highlighted to illustrate California Bar passage rate and nontraditional pathways

  • Bar takers and pass rates (examples across years):

  • June 2019: Bar takers $321$, Bar pass $75$, Pass rate 23.5 ext{%}

  • October 2019: $294$, $64$, 22.1 ext{%}

  • June 2018: $326$, $63$, 19.3 ext{%}

  • October 2018: $282$, $58$, 20.6 ext{%}

Lawyer Employment & Other Legal Personnel

• Lawyer employment paths:

  • Private firm, LargeLaw, Solo practitioner, Partnership

  • Government roles: County Attorney, City Attorney, District Attorney (State), U.S. Attorney’s Office

  • In-house counsel

• Other legal personnel:

  • Paralegal: assists lawyers; non-attorney; no governing national standard; Florida lacks a centralized regulating body for paralegals

  • Law Office Administrator: manages day-to-day firm operations

  • Support staff: Secretaries, Legal Assistants, Paralegals

  • Law Clerks: two meanings

  • Law students interning/working while in school

  • A lawyer who works for a judge after law school to assist in decision-making

• Legal Memorandum: informal interoffice document detailing legal research results and analysis

Administrative Law & Agency Personnel

• Not all disputes reach court; agencies handle many regulatory disputes

  • Examples:

  • Secretary of State (business incorporations)

  • SEC (securities regulation)

  • IRS (tax matters)

  • FDA

• Administrative Hearings: hearings before a federal/state agency

• Enrolled Agents: non-attorneys authorized to represent clients before the IRS; must pass a test

• Patent & Trademark Office: patent agents may represent clients in the patent process if they have necessary technical background

Criminal Justice Field Personnel

• Local Law Enforcement:

  • Florida Highway Patrol (FHP)

  • Hillsborough County Sheriff’s Office

  • Tampa Police Department

  • University of South Florida Police

• Correctional Officers, Probation Officers

• Federal Law Enforcement:

  • FBI, DEA, ATF

• Professional Organizations:

  • American Bar Association (ABA): not required to join; accredits law schools; rates federal judicial nominees

  • State Bar Associations: usually required to join; regulates the practice of law within a state

  • Local Bar Associations: not required; serve networking and events roles

Ethics in the Legal Profession

• General ethics (lawyers):

  • Unethical conduct can lead to disbarment

  • Confidentiality and Attorney-Client Privilege

  • Competence: handle cases within the lawyer’s capabilities

  • Conflicts of Interest: only represent one party per case; avoid cross-party conflicts

  • Communication with opposing parties: after an opponent is represented, communicate through opposing counsel

  • Advertising: highly regulated; must be truthful

  • Financial integrity: trust/escrow accounts; avoid comingling client funds with personal funds

• Paralegal ethics:

  • Confidentiality applies to paralegals

  • Unauthorized Practice of Law: cannot appear in court, sign filings, or give legal advice

• Prosecution obligations (Criminal Justice):

  • Brady v. Maryland: Prosecution must disclose exculpatory evidence to the defense

  • Defense obligations: best interest of the client

  • Plea discussions and overall discovery rules are part of ethical responsibilities

• Judicial Ethics:

  • Judicial Conference of the United States: policy-making body for federal court administration

  • 18 U.S.C. §§ 351-364: statutory framework related to federal judicial ethics and discipline

  • State variations: some states empower their own bodies to remove judges; federal courts rely on impeachment for removal

Canon of Ethics (Judicial Ethics)

• Core standards:

  • Judges should uphold the integrity and independence of the judiciary

  • Avoid impropriety and the appearance of impropriety

  • Perform duties impartially and diligently

  • May engage in extra-judicial activities to improve law and justice, but must manage conflicts

  • File regular disclosures of compensation for law-related and extrajudicial activities

  • Refrain from political activity that could compromise judicial independence

Notes on Practice and Real-World Relevance

• Understanding the court hierarchy clarifies where cases originate, how they are reviewed, and where a party may appeal

• The concept of precedent (Stare Decisis) governs how appellate decisions affect future cases within a circuit

• The Rule of Four ensures the Supreme Court accepts cases only when a minority of Justices think a case deserves review

• State-specific structures matter for career planning and potential pathways to become a judge

• Ethics rules (professional and judicial) are critical for maintaining public trust and the legitimacy of the legal system

• Various career paths exist within the legal system beyond attorneys (paralegals, law clerks, administrators, investigators, etc.)

Connections to Foundational Principles

• Separation of powers: judiciary is independent from legislative and executive branches

• Federalism: interplay between federal and state courts; states maintain their own court structures

• Due process and equal protection: reflected in trial rights (jury vs. bench) and appellate review for fair application of law

• Stare Decisis: creates stability and predictability in the law across circuits

• Professional ethics: ensures integrity and public confidence in legal processes

Key Formulas, Numbers, and References

• Diversity jurisdiction threshold: $ext{amount in controversy} > 75{,}000$

• Jury size: $12$ members in a typical jury trial

• Number of United States circuits: $13$

• Number of Supreme Court Justices: $9$

• District Courts in the U.S.: $94$

• Federal appellate review points: affirmative, reverse, remand (no new trial on appeal)

Summary by Topic (quick glance)

• Federal Courts: structure from district to appellate to Supreme Court; original vs appellate jurisdiction

• State Courts: structure varies by state; Florida as a model with its own terminology and processes

• Becoming a Judge: federal vs state paths; tenure and appointment mechanics

• Ethics: canonical duties for judges and lawyers; disciplinary mechanisms

• Careers: how paralegals, administrators, and other personnel fit into the legal system

• Access to court information: PACER and CM/ECF as essential tools

• Access to Bar and Law: bar admissions, reciprocity, and nontraditional routes to practice

• Admin Law & Agencies: role of regulatory agencies and specialized representation

• Practical implications: impacts on real-world legal practice, training, and governance of the judiciary