Chapter 18
The Federal Court System
Kristi Severson, Alyssa Barkley
David Doman
The National Judiciary
2 kinds of federal courts
Inferior-lower level, beneath supreme
court
Supreme court
2 kinds of Inferior courts
constitutional courts
special courts
The Constitutional Courts
-called regular courts
-created by congress to exercise “broad
judicial power of the United States”
-94 district courts
-12 US Courts of Appeals
-the US Court of Appeals for the Federal
Circuit
-the US Court of International Trade
The Special Courts
-called the legislative courts
-created by congress, under the power
given to it in Article 1 to “constitute the
Tribunals inferior to the supreme Court”
-have narrowly defined powers
Includes
-US Court of Federal Claims
-Territorial Courts
-Courts of the District of Columbia
-US Tax Court
-US Court of Appeals for the Armed Forces
-US Court of Appeals for Veterans Claims
Types of Jurisdiction
• Exclusive
-can be heard only in
federal courts
-ex. Trial of a person
tried with a federal
crime, suit involving
the infringement of a
patent or a copyright
• Concurrent
-can be tried in federal
or state courts
-ex. Disputes involving
citizens of different
states
Original
Appellate
-a court in which a case - a court that hears a
is first heard
case on appeal form a
lower court
-district courts only
have original
jurisdiction
- courts of appeals only
have appellate
jurisdiction
Judges
-president appoints judges on supreme
court and federal courts
-supreme court approves appointments
-serve for life on supreme court
-those in special courts sit for 15-year terms
except
-district of columbia-4 year terms
-district court of appeals-8 year terms
-congress sets salaries, and supplies
retirement plans for all federal judges
-judges can retire at the age of 70 if they
have served at least 10 years and receive
full salary for rest of life
-can retire at the age of 65 if they have
served 15 years and can receive full salary
for the rest of their life
The Inferior Courts
The District Courts
-665 judges
-80% of federal caseload
-created by congress in judiciary act of 1789
-have original jurisdiction
-hear both criminal and civil cases
-cases heard by 1 judge
The Courts of Appeals
-created by congress in 1891
-established to relieve the supreme court of
hearing appeals from the district courts
-179 judges
-cases heard by a panel of 3 judges
-have only appellate jurisdiction
-decisions are final unless supreme court
decides to hear a case from them
The Other Constitutional Courts
Court of International Trade
- 9 judges, 1 chief
-hear civil cases arising out of tariff and
other trade related laws
Court of Appeals for the Federal Circuit
-created to speed up the handling of
appeals and certain types of civil cases
-has nation-wide jurisdiction
-12 judges
The Supreme Court
The Supreme Court is the only court created
by the Constitution.
The Court is made up of one Chief Justice
and eight other associate justices.
The Supreme Court is the final authority in
cases involving any question arising under
the Constitution, an act of Congress, or a
treaty of the U.S.
Judicial Review
Marbury v. Madison
-After the election of 1800, turmoil arose
within the government.
-William Marbury had been appointed a
Justice for peace in D.C.
-The next day Jefferson became President
angering the Federalists
Decision and effects of Marbury
-The Court declared that the Judiciary Act
of 1789 was unconstitutional.
-The case established Judicial Review
(power to determine the constitutionality
of a government action)
-It assured a place for the Judicial branch in
the system of separation of powers.
Supreme Court Jurisdiction
The Supreme Court has both appellate and
original jurisdiction.
Original jurisdiction is rarely heard in the
High Court, but when it is there are two
types of cases that are heard:
- Cases is which a state is the party.
-Cases affecting ambassadors, other
public ministers, and consuls.
How Cases Reach the Court
Most cases reach the court by writ of
certiorari.
Some cases reach the court by certificate.
At least four judges must agree to hear a
case before it is accepted to the docket.
How the Court Operates
The court is in session from the first Monday in
October to the following June or July.
Every two weeks, the court is in session.
Cases start with oral arguments, followed by
briefs, and then the court goes into Conference
for two weeks to make a decision on the cases
they saw prior.
They then must write a majority opinion and a
dissenting opinion.
The Special Courts
The Court of Federal Claims
-It has 16 judges who serve for 15 years.
-They are elected by the President and
approved by the Senate.
-The U.S. government cannot be sued for
any reason by anyone without its consent.
The Special Courts
Territorial Courts
-Congress created these courts.
-They sit in the Virgin Islands, Guam, and
the Northern Marianas
The Special Courts
The District of Columbia Courts
-This court was set up by Congress for the
Nation’s Capitol.
-It hears local cases as well as those tried
in constitutional courts.
The Special Courts
Court of Appeals for the Armed Forces
-Also created by Congress.
-These trials are run similar to those in
civilian courts.
-It consists of 5 judges appointed by the
President and approved by the Senate.
The Special Courts
Military Tribunals
-The President creates these tribunals in
times of need. (wartime)
-They do not operate the same as other
military courts-martial systems.
The Special Courts
Court of Appeals for Veteran Claims
-This is the newest court in the federal
judiciary, 1988
-It consists of a chief judge and up to six
associate judges
-They are appointed by the President and
approved by the Senate to serve for 15
years.
The Special Courts
The United States Tax Court
-It was established in 1969.
-It consists of 19 judges elected by the
President and approved by the Senate for
15-year terms.
-This court hears only civil cases involving
disputes over the application of the tax
laws.