How the federal court system is organized and what the jurisdiction of those courts are

1. Court Organization and
Jurisdiction
Issues in Judicial Politics

2. Article III of the Constitution
 Section I
 Section II
 Section III
 So what is the federal judiciary?
 How did Congress establish the lower
courts?

3. Marbury v. Madison, 5 U.S. (1
Cranch) 137 (1803)
 Case Facts:
 After the election of 1800 President Adams and the Federalists controlled Congress and created six
new circuit courts and several new district courts. They then tried to staff these courts during the
last six months of Adams’s term.
 As part of the Organic Act of 1801 Adams was also allowed to appoint forty-two justices of the
peace in the District of Columbia. Several of the commissions were not delivered by Secretary of
State John Marshall--including the appointment for William Marbury.
 When Jefferson came into office he told James Madison (the new secretary of state) not to deliver
these commissions.
 As a result Marbury appealed directly to the U.S. Supreme Court, asking the justices for a writ of
mandamus ordering Madison to deliver the commissions.
 The lawsuit was based on Section 13 of the Judiciary Act of 1789, which gave the Court the power
to issue such writs.
 Legal Question:
 Does the Supreme Court have the power to issue a writ of mandamus in order for the appointed
judges to secure their commissions?
 Holding:
 No. Such power is not in the constitution
 Vote:
 4 – 0 (Chase, Marshall, Paterson, Washington)

4. Marbury v. Madison, 5 U.S. (1
Cranch) 137 (1803)
 Does Marbury have the right to his commission ?
 Because President Adams affixed his seal to Marbury’s appointment, he is entitled to
it.
 The current administration’s denial of the commission is a violation of his rights.
 Do the laws of the country afford Marbury a remedy and what is that
remedy?
 Yes, he has the right to take his case to court.
 The remedy is the writ of mandamus
 Is Marbury entitled to the remedy (the writ of mandamus)?
 Marbury brought this case to the Court under its original jurisdiction, citing Article 13
of the Judiciary Act of 1789, which added writs of mandamus to the Court’s original
jurisdiction.
 Original jurisdiction, however, is set by Article III of the Constitution, and it does not
include writs of mandamus.
 Any law contrary to the Constitution is void, and because this act is contrary to Article
III it is void and unconstitutional. Thus Marbury is not entitled to his commission.

5. Discussion
 What does this case establish?
 What is judicial review?
 Why, according to Marshall, is judicial review the
province of the judiciary and not the other
branches?
 Why didn’t Marshall just dismiss the case if there
was no jurisdiction?
 Why is this case considered to be one of the
greatest judicial decisions of all time?
 Should Marshall have recused himself from the
case? What was his previous job?

6. The Judiciary Act of 1789
 Three Tiered Judiciary
 Supreme Court
 Circuit Courts
 Circuit Riding
 District Courts
 What is the structure of the federal judiciary
now?

7. General Principles and Patterns
of Court Organization
 Multiple Court Systems
 Systems Generally Remain Separated
 Jurisdiction
 The lawful authority of a court to hear a case
 Based on:
 Subject matter
 Parties
 Geography
 Federal or State court?
 Federal Court when:
 Federal Question
 Federal Party
 Diversity jurisdiction
 All others  state courts
 Court Structure

8. Structure of The Federal
Judiciary
 Federal District Courts
 94 District Courts
 678 Total Judgeships
 Only 3% overturned
 Federal Courts of Appeals
 12 Circuits
 167 Total Judgeships
 Jurisdiction
 Supreme Court
 Jurisdiction
 Original
 Appellate (discretionary)

11. Discretionary Jurisdiction and
the Supreme Court
 Writ of Certiorari
 Rule 10
 Conflict between circuits
 Important questions
 U.S. as a party
 Rule of 4
 Cases decided en banc

12. Specialized Courts
 Article I Courts
 United States Tax Courts
 Part of the IRS
 19 full time judges
 Intelligence Surveillance Court

13. Structure of the State Courts
 Four Categories
 Minor Trial Courts
 Major Trial Courts
 Intermediate Appellate Courts
 Courts of Last Resort

14. Minor Trial Courts
 Also called “inferior courts” or “courts of limited
jurisdiction”
 Named city, county, district, justice of the peace,
magistrate, municipal, or probate courts
 Two types of jurisdiction
 Geographic
 Functional
 Types of Cases
 Criminal
 Disturbing the pace, shoplifting, public drunkeness, speeding
 Civil
 Small Claims

15. Major Trial Courts
 Also called “courts of general jurisdiction”
or “superior courts”
 Named district courts, superior courts, or
circuit courts and more
 Types of cases
 Criminal
 Murder, robbery, rape, burglary, and theft
 Civil
 Domestic relations, estate cases, personal injury

16. Intermediate Appellate Courts
 New type of structure
 39 states have them
 Jurisdiction varies

17. Courts of Last Resort
 Also called second-level appellate courts
 Each state has one
 5 – 9 justices