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The Federal Court System
 

The Federal Court System

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    The Federal Court System The Federal Court System Presentation Transcript

    • The Federal Court System Chapter 18 section 1 and 2
    • Topics
      • Dual Court System
      • The National Judiciary
      • Types of Jurisdiction
      • The Appointment of Judges
      • The Inferior Courts
    • From left to right, seated: Justice Antonin Scalia, Justice John Paul Stevens, Chief Justice William H. Rehnquist, Justice Sandra Day O'Connor, Justice Anthony M. Kennedy - standing: Justice Ruth Bader Ginsburg, Justice David H. Souter, Justice Clarence Thomas, Justice Stephen G. Breyer ~
    • I. A Dual Court System
      • The Federal Court System
      • The State Court System
    • II. The National Judiciary
      • Constitutional Basis
      • Limits on Power
      • The Supreme Court
      • The Constitutional Courts
      • The Special Courts
    • A. Constitutional basis
      • Power of Judiciary is established by Article III, section one of the Constitution.
        • Mentions only a Superior court.
        • No mention of Lower courts.
      • Judiciary Act of 1789 set up the Supreme Court, 3 Circuit Courts and 13 District Courts.
    • B. Limits on Power
      • Cases must be Justiciable, or appropriate for review by the courts.
        • Must wait for a case to be brought to them.
        • Can only rule on legal matters.
        • Involved parties must have standing, a vested interest, in the case.
        • Supreme Court will only hear a case as a last resort.
        • Burden of Proof is on the plaintiff.
        • Case must involve a specific portion of the Constitution
        • A person can not question a law that they benefit from.
    • C. The Supreme Court
      • Established by Article III of the Constitution
      • Comprised of 9 judges currently
      • Headed by a Chief Justice
    • Antonin Scalia and John Paul Stevens
    • Sandra Day O’Connor and Anthony Kennedy
    • Ruth Bader Ginsberg and David H. Souter
    • Clarence Thomas and Stephan G. Breyer
    • D. The Constitutional Courts
      • 94 District Courts
      • 12 Courts of Appeals
      • U.S. Court of Appeals for the Federal Circuit
      • U.S. Court of International Trade
    • E. The Special Courts
      • U.S. Court of Federal Claims
      • Territorial Courts
      • U.S. Tax Court
      • Courts of District of Columbia
      • U.S. Court of Appeals for the Armed Services
      • U.S. Court of Appeals for Veterans Claims
    • III. Types of Jurisdiction
      • What is Jurisdiction
      • Exclusive Jurisdiction
      • Concurrent Jurisdiction
      • Original Jurisdiction
      • Appellate Jurisdiction
    • A. What is Jurisdiction
      • It means the power “To Say The Law”
      • Federal courts will jurisdiction based on:
        • The subject matter
        • The parties involved
    • B. Exclusive Jurisdiction
      • It is the authority of the court to try only certain types of cases.
      • Federal courts have jurisdiction over:
        • Interpretation of the Constitution
        • Interpretation of Federal Law
        • Involving Treaties, admiralty and maritime law.
        • Involving the Federal Government
        • Cases involving separate states or Foreign governments
    • C. Concurrent Jurisdiction
      • Authority of two or more courts to hear the same kind of case.
        • Laws that are established by federal and state governments.
    • D. Original Jurisdiction
      • Authority of court to try case first time it is heard.
        • District courts are given original jurisdiction.
    • E. Appellate Jurisdiction
      • Authority of the court to review a decision of a lower court.
        • The Federal Court of Appeals has power to review decisions made by the District Courts.
    • IV. The Appointment of Judges
      • Selection and appointment
      • The Issue of Judicial Activism
      • Terms of a Judge
    • A. Selection and appointment
      • Judges are appointed by the President.
      • Judges are confirmed by the Senate.
        • Historically appointments were accepted if the Senator from that state supported the appointed Judge.
        • This is referred to as Senatorial Courtesy.
        • This is not the case any longer.
    • B. The Issue of Judicial Activism
      • Interpretation of the law is powerful.
      • Ideological fights occur occur over who should have that power.
        • Judicial Activists usually argue that a judge should use there power to promote desirable social ends.
        • Judicial Restraint argues that policy decisions are the sphere of the Legislative and executive branch.
    • C. Terms of a Judge
      • Judges are appointed for life.
        • We want impartial judges, not subject to the emotion and whims of the masses.
        • If they were elected, they may craft decisions to get re elected.
      • Special Court Judges serve 15 year terms.
    • V. The Inferior Courts
      • District Courts
      • The Court of Appeals
      • The Other Courts
    • A. District Courts
      • Federal cases are first tried in District Courts.
        • District courts have original Jurisdiction
      • District Courts can hear criminal and civil cases.
        • 87% of case load deals with civil cases.
    • B. Courts of Appeals
      • The Supreme Court used to hear all appeals cases.
        • By 1887, it was 4 years behind on the docket .
        • The Federal Courts of Appeals were established to help with the work load.
      • The purpose is to review a case if a federal law was applied incorrectly .
        • No new evidence, no witnesses and no juries.
        • Courts can uphold, reverse and remand decisions.
        • Handles nearly 55,000 cases.
    • C. Other Courts
      • U.S. Claims courts
      • U.S. Court of International Trade
      • U.S. Tax Court
      • U.S. Territorial Courts
      • The Supreme Court Historical Society