C H A P T E R 1 8
S E C T I O N 2
What is the subject of the article? Whom does the speak represent? What is the cartoonist saying will happen?
Criminal case: a case in which a defendant is tried for committing a crime as defined by the law
Civil case: noncriminal cases (e.g., contract disputes; suit seeking damages for harm caused by
D)
What does the term inferior mean?
What does the phrase inferior courts describe?
**The inferior constitutional courts are those courts
Congress creates under its Article III powers.**
In your notes, fill in the boxes (as shown on the board) with the appropriate inferior constitutional court.
Also, give me a definition of a constitutional court; 3 examples; 3 nonexamples. Tell me which circuit TN is in.
Take around 10 minutes.
Once finished compare your chart with the person next to you to see if you have the same results; if not, determine which one is correct.
These are you federal trial courts. There are 94 U.S. district courts and they have original jurisdiction over most federal civil and criminal cases.
677 judges handle more than 350,000 cases per year, about 80% of the federal caseload.
Around 80% of federal cases begin in district courts.
Handle both criminal and civil matters.
In federal criminal matters, the U.S. is always a party, i.e., the prosecutor (U.S. v. Foreman). The
U.S.’s name will always appear first in the style of the case.
Example of civil cases: personal injury; copyright disputes; violate a constitutional right…
Congress created these courts to relieve the SC of the burden of hearing every appeal from the district courts.
These are courts of appellate jurisdiction over the district courts within their circuit; they also hear appeals from certain special courts such as the U.S.
Tax Courts.
The country is divided into 12 judicial circuits, which includes the DC Court of Appeals; the Court of
Appeals for the Federal Circuits is the 13 th circuit.
Cases are usually heard in front of a 3-judge panel.
They do not conduct trials or accept new evidence.
They review the case record and written/oral arguments.
Know that this federal trial court tries all civil cases that arise out of the nation’s customs and other tariff/trade-related laws.
Appeals from the court go to the Court of Appeals for the Federal Circuits.
A citizen is accused of counterfeiting. Where does the case begin (i.e., which court)? Is this a criminal or civil matter?
Assuming the case is appealed, where would the case go next?
An American importer of fish claims that the U.S.
Dept. of Commerce placed an unusually high tariff on fillets from Vietnam. Where does this case begin?
The case is lost by the American importer and then appealed. Where does this case go next?
An Ohio company claims that a Florida company produced an identical product and files for copyright infringement, seeking damages. Where does this case begin? What type of case is this?
The Ohio company loses the case and appeals. Where does this case go next?
Federal Court System