Federal Courts
Your right to a trial??
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Habeas Corpus
Your right to go through the legal process
Federal Law/State Law
Most cases have Original Jurisdiction and
Appeallete Jurisdiction.
Most cases start at the district level.
What can a court do?
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Determine innocence or guilt
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Issue Court Remedies;
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These are decisions by a court to fix the
operation or actions of any level of
government.
Examples (Brown vs. Board)
Marbury v. Madison
Federal District Courts
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Cases in district court are most often tried
by a single judge
Original jurisdiction over most cases
Hear both criminal and civil cases
Only federal courts to regularly use a
grand jury to indict defendants
U.S. Court of Appeals
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Created by congress in 1891
Serve as gatekeepers to limit the docket of
the Supreme Court
Usually a 3 judge panel
Appellate Jurisdiction
Geographic Boundaries
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Court of International
Trade(Special or Legislative
Court)
9 judges
Civil cases on tariff and other trade related
laws
Judges sit in panels of 3
Appeals go to U.S. Appeals Court for
Federal Circuit
Court of Appeals for Federal Circuit
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Nationwide jurisdiction
Speeds up handling of certain civil cases
Hears cases from U.S. Court of
International Trade, U.S. Court of Federal
Claims and the U.S. Court of Appeals for
Veterans Claims
Court of Federal Claims
(Legislative Court)
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Federal government cannot be sued
without its consent
Federal claims court hears requests to be
compensated by the federal government
16 judges appointed by the Senate
15 year terms
Court of Appeals for the Armed
Forces
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Reviews court martial cases
Civilian Tribunal
5 judges
Appointed by the president and senate for
15 year terms
JAG’s argue cases and practice law.
Tax Court
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Established in 1969
Appointed by the president
Approved by the senate
Hears cases over the application of the tax
laws
Decisions may be appealed to the federal
court of appeals
Administrative Courts
(Legislative Court)
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Governs the affairs of the Bureaucracy
Federal Register is upheld here.
US Department of Justice
(Cabinet Agency)
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Bring trials or Prosecute criminals for
crimes against the Federal Government
US Attorneys are stationed in each of the
districts/appointed by the President
Solicitor General; attorney who argues
the for the US at the Supreme Court
Public Defenders/Legal Services
Corporation.
The selection of Judges
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Presidents have the constitutional power
with Senatorial Advice and Consent
Senatorial Courtesy, When appointing
judges the President consults the Senators
for the affected state.
The Confirmation process is often very
political
Senate Confirmation Hearings
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The Senate Judiciary Committee will
investigate potential judges before
Confirmation
These hearings are often painful, slow,
and very political.
The process if usually worse when there is
divided government and even then the
minority may fillibuster decisions.
Litmus Test
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Test on “Wedge” issues
that will determine the
political ideology of a
judge.
Judges will usually share
opinions with President
who appointed them.
Political scientists note
that the process puts too
much pressure on tough
issues and not enough on
character.
Is the Supreme Court Political?
Does it follow public opinion?
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Justices serve a life
term
They are free from
political pressure
How do they make
their decisions?
Do justices rule like
politicians?
You make the call!!!
How do judges rule?
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Activist
Known as “Loose
Constructionists”
Legislating from the
Bench
Stretch the meaning
of the constitution.
Broad interpretation.
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Strict Constructionist
Often applied by
Conservatives
Stick to the the
language of the
Constitution.