COURT SYSTEM-- FEDERAL COURTS
The federal courts have exclusive jurisdiction over—
1. all actions in which the United States or a state is a party, except those actions
between a state and its own citizens
2. all cases involving a violation of a federal law
3. all admiralty (pertaining to the sea) patent-right, copyright and bankruptcy cases
4. cases involving citizens of different states where the amount of money in
question is large--$50,000 or more
United States Courts also form a pyramid, but not as complicated as state courts (see
above).
Federal District Courts—courts of original jurisdiction in the federal system. Most
federal cases are first tried in district courts—major trial courts of federal court system
U.S. Courts of Appeals—appellate jurisdiction only—the entire U.S. is divided into 11
judicial circuits. In each circuit, there is a U.S. Court of Appeals. There are 13 United
States Courts of Appeals (11 Circuit Courts, a D.C. Circuit and 1 Court of Appeals for
the Federal Circuit). The Courts of Appeals hear appeals from decisions of the district
courts and hear appeals of rulings of administrative agencies such as the Interstate
Commerce Commission or the FTC. We are in the 5th Judicial Circuit sitting in New
Orleans.
***Most appeals are given final judgment in the U.S. Courts of Appeals because the
Supreme Court of the U.S. hears only a selected number of appeal cases.
U.S. Supreme Court—original and appellate jurisdiction—Original jurisdiction over
important matters in which the federal government, states or foreign government may
be a party (rarely exercise this power).
Appellate jurisdiction over cases involving very important public questions such as the
constitutionality of important legislation.
**Points of interest—before each session, each justice shakes hands with the other 8.
This tradition started years ago to remind the justices they can remain friends even if
they disagree.
When lawyers appear to argue a case in the Supreme Court, they find quills at their
tables—they were used for writing when the court started and are usually taken home
for souvenirs now.
**Term begins first Monday in October and lasts until late June usually for 9 months.
The term is divided between “sittings” for the hearing of cases and delivering of opinions
and intervening recesses for the consideration of the business before the Court and the
writing of opinions. Sittings and recesses alternate at approximately two-week intervals.
Special Courts
1. U. S. Customs Court—handles cases arising under the tariff laws. Customs
are taxes or duties levied by a government on goods imported from foreign
countries. Tariffs are lists or system of duties imposed by a government on
imports or exports.
2. U.S. Tax Court—handles cases arising under the IRS Code—involves
overpayments or underpayments of taxes
3. Court of Customs and Patent Appeals (also called Court of Appeals for the
Federal Circuit)—hears appeals of Customs Court and patent appeals.
4. Court of Military Appeals—reviews court-martials
5. Court of International Trade—review government actions dealing with imports
(such as disputes over classification or valuation of goods)
6. Bankruptcy Court—handles bankruptcies and reorganizations
7. Foreign Intelligence Surveillance Court—reviews applications for electronic
surveillance by foreign governments
8. Courts of Claims—established by federal and state governments—called U.S.
Claims Court at the federal level—neither the federal government nor a state
government may be sued by individuals except with permission of the
government. Cases may be brought by individuals who have claims against the
U.S. or a state.
9. Probate Court or Surrogate Courts—state courts that supervise the
administration of the estates of deceased persons
10. Juvenile Courts—State courts with exclusive jurisdiction over juveniles—
persons under the age of majority.