The Federal Court System
Basic Structure of the Court system
Dual Court and Tiered System
 Dual Court:
 State and Federal Court
Systems (concurrent
power)
 Each with their own set
of rules and regulations
 Different criminal
regulations established
 Dual sovereignty
 Tiered System
 Hierarchical of criminal and
civil courts (lowest to
highest)
 Trial Courts – usually hear
the case for the first time –
evidence is given
 Appellate Court – review
errors of law – not automatic
 Supreme Court – Court of
Last Resort – state and
federal Supreme Courts –
can use both – is there a
constitutional question
Categories of Courts
 Constitutional Courts
 Created by Congress – called
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the Article III courts
Hears broad and diverse cases
Includes: Supreme Court,
District Courts, Courts of
Appeal, Federal Circuit
Appeals, Trade
Term – justices/judges are
appointed by a term of “good
behavior” (life) and may be
removed by impeachment
Presidential appointments
with Senate confirmation –
how did you receive the job?
 Legislative Courts
 Article I courts created by
Congress
 Narrow jurisdiction and
specific cases heard
 Includes: Territorial courts,
Tax Court, Courts of DC,
Armed Services and Veterans’
Claims
 You are appointed by the
President (confirmed by the
Senate) for a specific number
of years – 15 years is the
longest term.
Laws within our judicial system
 Contract Law: relations
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with individuals
Tort Law – injuries and
lawsuits
Property Law – real estate
questions
Inheritance Law – wills
(probate questions)
Family Law – divorce,
marriage, name changes,
etc
 Constitutional Law – rights
of the people
 International Law – war
and peace; trade issues
 Criminal Law – divided
into:
 Felonies – serious crimes
 Misdemeanors – less
serious crimes
 Capital – “death penalty”
crimes
Crimes and their definitions: need your
own paper for the next two slides
 Felonies – more than a year in PRISON (may be without or
with parole)- murder, rape, grand larceny, armed robbery
and kidnapping – loss of civil rights (right to own a gun and
the right to vote) – follows you for the rest of your life
(unless pardoned) – in Virginia there are 6 classifications
(class 1 being the most serious – with death as a possible
punishment);
 Misdemeanors – 12 months or less in jail (usually fines are
also given) – simple battery (hitting someone), driving under
the influence (unless you harm someone), possession of
illegal drugs (under a certain amount) – do not necessarily
follow you for life
 In Virginia, felonies are crimes punishable by over one year in
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prison. Some Virginia felonies are also punishable by fines, but the
primary determination for the nature of the crime is the prison
sentence.
Class 1 Felony – capital murder/rape (death, life in prison and a fine
up to $100,000)
Class 2 Felony – murder, manslaughter, sexual crimes, robbery and
kidnapping (minimum of 20 years to life; fines up to $100,000)
Class 3 Felony – manslaughter, drug crimes, abduction by prisoners,
theft (5-20 years in prison and a fine up to $100,000)
Class 4 Felony – manslaughter, white collar crimes, tax crimes (210 years in prison and up to a $100,000 fine)
Class 5 Felony – DUI and assisting with kidnapping (1-10 years in
prison or jail for up to 12 months, fine up to $2500) or both.
Class 6 Felony – violation of court order (child visitation), throwing
objects from more than one story (1-5 years in prison, up to 12
months in jail and /or fine up to $2500)
Jurisdiction of the Courts
 Exclusive Jurisdiction
 Concurrent Jurisdiction
 Case may be heard in
 Case may be heard in
either the state or federal
courts – not both
 Cases include: involving
the ambassadors;
copyrights and patents;
United States is involved in
some manner
either the state or federal
court system
 Examples:
 Diversity Cases – those
involving more than $75,000,
kidnapping, citizen of one
state suing another state
Jurisdiction continued
 Original Jurisdiction:
 Case is heard for the first
time
 Basic Concept: the facts and
evidence to answer the
questions of who, what,
where, when and why
(motive question)
 Which courts? Trial courts of
the federal system (drug
cases) and the Supreme
Court (according to the
Constitution)
 Appellate Jurisdiction
 The power to review cases
looking for errors of law
 Which courts?
 Court of Appeals hears appeals
from the Tax Court, Courts of
DC, territorial courts, District
Courts and federal agencies
 Court of Appeals for the
Federal Circuit hears appeals
from Claims Court, Veterans’
Affairs and Trade
 Supreme Court from state
courts and the lower appellate
courts
District Courts
 Created by the Judiciary Act
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of 1789
“Trial court” – use of the jury
system
Original Jurisdiction
“Work Horse” of the system
94 courts – approximately
400,000 cases per year heard
Criminal cases (drugs, mail
fraud) and civil (civil rights,
labor, bankruptcy)
 The Jury System
 Grand Jury
 Indicts people of serious
crimes
 Up to 23 citizens
 Prosecution only
 Secret
 Is there enough evidence to go
to trial?
 Petit Jury
 6 – 12 people with alternates
 Listen to the evidence
 Guilty or Not Guilty
 “reasonable doubt” included
with this jury
Court of Appeals
 Known as the “circuit courts”
 Three judges per panel
 Created by Congress in 1891
 Appellate Jurisdiction from:
the District Courts (trial
courts), Territorial Courts,
DC Courts, Tax Court and
the regulatory agencies
 Hears approximately 61,000
cases per year
Article I courts (legislative)
 Court of Federal Claims
 Territorial Courts
 First created in the year 1855
 Power to govern and protect
but renamed in the year 1993
Power to pay the debts of the
country
You may sue the federal
government with their
permission
Tax Refund Claims, Contract
Claims
16 judges appointed for a
term of 15 years
the territories of the United
States – Mariana Islands,
Guam and the Virgin Islands
 “Local Court System” for the
territories
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Article I Courts (legislative)
 Court of Appeals for
Veteran’s Appeals
 Clause 9
 1988 created
 Chief Judge and 6 associates
 DC Courts
 Power over the nation’s seat
of government
 Local Court System for the
city
 Superior Court (trial)
 Court of Appeals
 United States Tax
Court
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Clause 1
1969 created
19 judges
Civil cases involving the IRS
and Treasury Department
 Court of Military
Appeals
 Clause 14
 Review Court Martial Cases
 Civilian Judges
Article I courts continued
 Court of Appeals for
 Court of International
the Federal Circuit
Trade
 Nationwide Appellate
 1926 created (customs
jurisdiction
 12 judges (one court)
 Created in 1982
 Appeals from:
court) – renamed in
1980
 9 judges
 Court is held in port
cities
 Civil cases involving
tariff issues and trade
issues
 Court of International
Trade
 Claims Court
 Veterans’ Claims
The Supreme Court
 Only court created by the Constitution (Article III)
 Number of justices is determined by Congress
Judiciary Act of 1789 – 6 Justices
1807 – 7 Justices
1837- 9 Justices
1863 – 10 Justices (act passed to not replace the next three justices who
retired), but did not work
 1869 – back to 9
 FDR tried the Court Packing Scheme – but did not succeed.
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 As of today, there are 9 justices – with 1 Chief Justice (John Roberts)
and 8 associate justices
 1st Chief Justice – John Jay
 Chief Justice who put the Supreme Court on equal footing with the other
branches – John Marshall
 Protected rights of the accused – Chief Justice Earl Warren (1954-1969)
 Gave power back to the Police – Chief Justice Warren Earl Burger (19691986)
The power of Judicial Review
 Article VI – allows for the national government to determine
that state laws are unconstitutional due to the Supremacy
Clause (Fletcher v. Peck was the first case to test this idea)
 Indirect power – over executive actions and national laws
passed by the Congress
 Marbury v. Madison (1803) –
 Writ of mandamus declared unconstitutional – the Congress
cannot change the original jurisdiction of the Court – part of
the Judiciary Act of 1789
 Chief Justice Marshall’s famous opinion
 Equal footing with the other branches – created a new check
and balance for us to learn
How the Court works
 Getting a case to court:
 File a petition – request a WRIT OF CERTIORARI (asking for
records of the lower courts)
 Conference – Chief Justice Starts the discussions and the
concept of RULE OF FOUR – if four justices (out of the 9)
agree there is merit to the case, it is placed on the docket
 Docket – schedule of cases to be heard by the Court
 Options available:
 Overturn the previous decision immediately (per curiam opinion)
 Uphold the previous decision
 Decide to hear the case – ask the defendant for more information
Court workings
 Brief is filed:
 Legal arguments and precedents are outlined
 Solicitor General is the attorney for the United States
 Oral arguments
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30 minutes per side
White Light – 5 minutes remaining on your time
Red Light – STOP talking
Clarification period – Justices may ask questions throughout your 30
minutes
 Conference Time
 Chief Justice starts the discussion
 Most Junior Justice votes first on the case.
Opinions of the Court
 Unanimous
 9-0 vote; the strongest decision
 Majority
 Written by a justice who voted with the majority – all justices have to
proof read and make comments
 Concurring
 Written by a justice who voted for the majority but has different
reasons for voting a certain way
 Dissenting
 Written by the justices who did not vote with the majority – either as
a group opinion or individual opinions
 Per Curiam
 Unwritten and unsigned opinion but the Court decided a case on its
merits (quick overturn during conferences)
Homework
 Bring this to class next period for a quiz along with notes on
the 9 justices
 Their name
 Year appointed
 Who appointed them?
 Age of the Justice
 The quiz is fill in the blank so bring “your best handwriting”
with you also.