Introduction To The Federal Courts
Types of Law
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Statutory: deals w/ written statutes (laws)
Common
– Based on system of unwritten laws
– Unwritten law based on precedents
– Judges rule on principle of “stare decisis” (let decision stand)
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Criminal: concerns violations of civil code, I.e. violations against
society
Civil Law (dispute; torts b/w two people)
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Ex.: medical malpractice, slander, breach of contract
Writ of mandamus: court order for one to perform an act
Injunction: court order forbidding a certain act
Class action lawsuit (group of people who share common
grievance)
Judicial Power
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Power is passive
 Courts cannot reach out and “take cases”; cases
come to them
 Must be an actual case (“controversy”) for court to
make ruling. Courts cannot “create” cases
 Only those with “standing” may challenge a law or
gov’t action (one had to sustain an “injury”); Cannot
challenge law simply b/c one does not like it.
 Most cases come to court through “writ of
certiorari” (order to send case up for review from
lower court; 4 votes needed)
Judicial law-making
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Judges interpret the law, and in so doing make law. It
is necessary because:
– Statutes are broadly worded and unclear
– Constitution requires interpretation
– Interpretation in effect makes laws (“The Supreme Court is a
constitutional convention in continuous session”---Wilson)
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Evidence of judicial law-making
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Courts have ruled over 1000 state laws unconstitutional
Courts have ruled over 1000 federal laws unconstitutional
Courts have reversed itself over 200 times since 1810
Courts seem willing to rule on political questions rather than
constitutional questions.,e.g., Baker v. Carr, Bush v. Gore)
Jurisdiction: 4 Types
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Exclusive: sole authority of federal court to try case
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Concurrent: authority of federal/state court to try a case
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Original: authority of a court to first try a case
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Appellate: authority of a court to hear an appeal
Jurisdiction of Federal Courts
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The Constitution, a federal law, or a treaty
Disputes b/w two or more states
The U.S. gov’t as a party
Citizens of different states
Ambassadors or diplomats
* In our federal system, we have both federal/state
courts
Structure of Federal Courts
Article. III
– Creates Supreme Court while giving Congress
the power to create “inferior”(lower) courts.
– Judges in these courts hold life terms.
(Federalist No. 78 rationalizes these terms)
Types of Courts
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District Courts
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Courts of Appeals
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Handles 90% of all cases
Cases tried by judge and jury
Jury trial decides outcome of case (petit jury)
Original jurisdiction
Decisions can be appealed to Courts of Appeals
12 “circuit” or district courts
18,000 cases per year
Cases tried by panel of 3 judges
Appellate jurisdiction (case needs to come to them)
Cases can be appealed to Supreme Court
Supreme Court