CHAPTER 11
FEDERAL COURT SYSTEM
Alexander Hamilton,
Federalist 22
“Laws are a dead letters without courts to
expound and define their true meaning and
operation”
Article III, Section I
“The judicial power of the United States shall
be vested in one Supreme Court, and in such
inferior courts as the Congress may from time
to time ordain and establish.”
Article I, Section 8,
Clause 9
Congress has the expressed power “to
constitute tribunals inferior to the Supreme
Court.”
DUAL COURT SYSTEM
(Federalism)
1) National Judiciary
(Federal Court
System):
100+ courts
a. Supreme Court
b. Constitutional courts
c. Legislative (Special)
courts
2) State Judiciary:
1000s of courts

State courts hear most
cases (about 98% of
criminal cases in U.S.)
Federal vs. State Courts
FEDERAL COURTS
Inferior courts (lower than Supreme Court).
TWO TYPES:
1)
CONSTITUTIONAL COURTS

Hear more cases than “special” courts
Created out of Article III power
Include 94 District Courts, 12 Circuit Courts of
Appeals, US Court of Appeals for Federal Circuit,
US Court of International Trade
AKA “Regular Courts”, “Article III Courts”
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FEDERAL COURTS CONTINUED
2) SPECIAL COURTS
*Created by Congress to deal with cases arising out of
one of Congress’ expressed powers.
Narrower in focus than “regular” courts.
*AKA “Legislative Courts” or “Article I Courts”
*Includes: US Tax Court; Territorial Courts;
Courts of the District of Columbia;
US Court of Federal Claims;
US Court of Appeals for Armed Forces;
US Court of Appeals for Veterans Claims
Special Courts, continued
US Court of Federal Claims (you suing the federal
government)
Territorial Courts (land owned by U.S. like Guam)
Courts of the District of Columbia (court for people
in D.C.)
US Tax Court (civil cases involving IRS)
US Court of Appeals for Armed Forces (military has
own set of laws, so they need their own court – appeals from
JAG)
US Court of Appeals for Veterans Claims (if a veteran
loses a service, this is where they appeal their case – like
Agent Orange cases)
JURISDICTION
Definition of Jurisdiction:

A court’s authority to hear a case.
Example: Break a federal law, go to a federal court
(robbing a bank).
Example: Break a state law, go to a state court
(speeding).
Types of Jurisdiction
1)
Exclusive Jurisdiction - cases that can
only be heard in Federal Courts.

Federal Crimes
Examples: cases involving foreign ambassadors,
bank robbery, counterfeiting, kidnapping,
presidential assassination, killing a police officer,
destroying a mailbox, etc.
Types of Jurisdiction
(Exclusive Jurisdiction continued)

Cases that involve Federal laws or acts of Congress
Example: violations of patents and copyrights.
Types Of Jurisdiction, continued
Jurisdiction – cases can be
tried in either federal or state court.
2) Concurrent

Common type:“Diverse Citizenship” –dispute
involving citizens of different states.
Federal District Courts may hear these if over
$75,000 is involved.
Defendant can have the trial moved from the
Plaintiff’s state to a federal district court.
(Example: Property dispute between people from
different states.)
CHRONOLOGY of Jurisdiction
1) Original jurisdiction - court where case is 1st
heard. (District Courts are “point of entry”)
2) Appellate jurisdiction – court where case is
heard 2nd or more times (on appeal from
lower court.)
Jurisdiction
Of the Federal Courts –
1. U.S Supreme court has original and appellate
2. U.S Appeals courts have appellate
3. U.S District courts have original
US
Supreme Court
9 Justices
D.C.
Fewest cases
(80-150/year)
Original and appellate
US Courts of Appeals
12 Circuit Courts
3 judge panel
Appellate jurisdiction
US District Courts
94 Courts
Most cases
Original Jurisdiction
Judge and jury
Jury types: grand – indicts
petit - determines guilt or innocence
APPOINTING JUDGES
Supreme Court appointment process:
Article II, Section II, Clause II says that “the President
shall nominate and by and with the advice and consent
of the Senate shall appoint…Judges of the Supreme
Court.”
Appointing Judges, Continued


Senator(s) of President’s party from state that
needs federal judge(s) will be asked to
recommend candidates.
Senatorial Courtesy – President will typically
appoint senator’s 1st choice. A nomination
opposed by the affected state’s senators will
not be confirmed by the Senate.
TERM and SALARY
Term on Constitutional Courts – LIFE
 Until judge resigns, retires, or dies
 Can be removed through impeachment (13 impeached, 7
of them removed)
Salary is set by Congress and can not be decreased
during their term in office.
(A Supreme Court Justice’s salary is comparable to U.S. Senators,
Representatives, and the Vice President.)
Court Officers

Clerks, bailiffs, court reporters, stenographers,
probation officers, others

US Magistrates – officers of the court who
are appointed to 8-year terms to handle arrest
warrants, set bail, and generally reduce the
workload for the judges
Court Officers
US Attorney for each Federal District

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President nominates and Senate approves
They are the government’s prosecutors (lawyers)
Work with the FBI, bring to trial people charged
with federal crimes
Represent government in all civil actions brought by
or against the government in their district
4-year term
The United States is the prosecutor in federal
criminal cases--if I break a federal law, it would be
U.S. v Flinchum
Court Officers, continued
U.S. Marshall
 Sent by magistrate to arrest persons for
breaking a federal law or to deliver a warrant
for breaking a federal law
 Protects the court
 Deals with riots, mobs, terrorists, etc.
 4-year term
Layout of Courtroom
THE INFERIOR
COURTS
Courts below the Supreme Court
DISTRICT COURTS

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Approximately 632 judges
Handle about 300,000 cases a year
Created by Congress in the Judiciary Act
of 1789
Currently 94 district courts
Federal Judicial Districts
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Include at least one district in each State, the
District of Columbia and Puerto Rico
Larger, more populous states are divided into
2 or more districts
2 judges assigned to each district (at least)
Cases tried in district courts usually heard by
1 judge
DISTRICT COURT JURISDICTION
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Original jurisdiction
Principal trial courts in the federal court
system
Criminal cases – when a defendant is tried for
committing some action that Congress has
declared by law to be a federal crime
Civil cases – noncriminal matter: bankruptcy,
terms of contract, etc.
District Court Cases

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Bank robbery
Mail fraud
Counterfeiting
Tax evasion
Bankruptcy
Civil rights
Court of Appeals
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Created by Congress in 1892
Relieves the Supreme Court of burden of hearing all
appeals
Currently 12 courts of appeals (regional circuits)
179 circuit judges
KY is 6st Circuit
Our district includes MI, OH, TN
U.S. COURTS OF APPEALS
D.C
And
Federal
Circuit
Make 13
Appellate Court Jurisdiction

Hear cases on appeals from lower federal courts.
May uphold, overrule, or modify lower court
decisions. (about 55,000 cases a year)

Also hear appeals from several federal regulatory
agencies like the Federal Trade Commission or the
National Labor Relations Board.

There is no trial—judges look for errors in
procedure or law.
Court of International Trade

Created in 1890

9 judges (Panels of 3)

Civil cases arising out of tariff and other
trade-related laws

Trials often held at major port cities