The Federal Court System
Lower Federal Courts
• The Constitution allows
for Congress to
establish a network of
lower federal courts as
well. These courts are
of 2 basic types:
constitutional federal
courts and legislative
federal courts.
• The United States Judiciary Act
of 1789 was a landmark
statute adopted on September
24, 1789 in the first session of
the First United States
Congress establishing the U.S.
federal judiciary.
• Article III, section 1 of the
Constitution prescribed that
the "judicial power of the
United States, shall be vested
in one Supreme Court", and
such inferior courts as
Congress saw fit to establish.
Jurisdiction
• Jurisdiction is the
authority to hear certain
cases.
• Federal courts have
jurisdiction in cases that
involve United States
– laws
– treaties with other
countries
– interpretations of the
Constitution.
– bankruptcy & maritime law
Jurisdiction
• Federal courts also have jurisdiction over cases
involving certain persons:
–
–
–
–
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Ambassadors/representatives of foreign governments
2 or more state governments
The US government or office/agency
Citizens who are residents of different states
Citizens who are residents of the same state but claim
lands under grants from different states.
Jurisdiction
• Concurrent jurisdiction occurs when both
state and federal court appear to have
jurisdiction.
• Example: A case involving citizens from
different states in a dispute concerning more
than $75,000. A person may sue in federal or
state court but if the person being sued
insists, the case must be tried in federal court.
Original/Appellate
• The court in which a case is originally tried is
known as a trial court. A trial court has
original jurisdiction.
• If a person loses a case in trial court and
wishes to appeal the decision, he or she may
take the case to the court with appellate
jurisdiction.
• If a person loses in the court of appeals, he or
she may appeal to the Supreme Court, (which
has both original and appellate jurisdiction.)
Constitutional Courts
• Courts established by Congress under the
provisions of Article III of the Constitution are
constitutional courts.
• These courts include:
– federal district courts,
– the federal courts of appeals
– the U.S. Court of International Trade
Federal District Courts
• Congress created district courts in 1789 to serve as
trial courts. As population grew and cases multiplied,
Congress divided some states into more than one
district.
• There are 94 federal judicial districts, including at
least one district in each state, the District of
Columbia and Puerto Rico. Three territories of the
United States -- the Virgin Islands, Guam, and the
Northern Mariana Islands -- have district courts that
hear federal cases, including bankruptcy cases.
Federal District Courts
• The district courts have
jurisdiction to hear
nearly all categories of
federal cases, including
both civil and criminal
matters. Every day
hundreds of people
across the nation are
selected for jury duty
and help decide some
of these cases.
Juries
• Federal courts use 2 types of juries
– Grand jury has 16 – 23 people and hears
evidence against the accused. If they think there
is enough evidence, they pass an indictment – a
formal accusation charging the person with a
crime.
– The trial jury /petit jury has 6 – 12 people. They
find the accused guilty or innocent. In some
states, they pass sentence on the convicted.
• The 94 U.S. judicial districts are organized
into 12 regional circuits, each of which
has a United States court of appeals.
• A court of appeals hears appeals from
the district courts located within its
circuit, as well as appeals from decisions
of federal administrative agencies.
Court of Appeals
• Courts of appeals have only appellate
jurisdiction.
• Most appeals arise from decisions of district
courts, the U.S. Tax Court and various
territorial courts.
• These courts also hear appeals on the rulings
of regulatory agencies such as the Federal
Trade Commission or the Federal
Communications Commission.
• Courts of appeals may
decide an appeal in one of 3
ways:
– Uphold/affirm the original
decision
– Reverse that decision
– send it back to the lower court
to be tried again.
– Unless appealed to the
Supreme Court, the appeals
court decision is final.
Selection of Federal Judges
• Article II, Section 2 of the Constitution
provides that the president, with consent of
the Senate, appoints all federal judges.
• Judges in constitutional courts are appointed
to serve for life.
• What advantages/disadvantages (political)
would there be for a judge to be appointed for
life?
Party Affiliation/Political Philosophy
• Presidents favor judges who
belong to their own political
party.
• Because judges are
appointed for life,
presidents view the
appointments are a way to
ensure their political ideas
will continue even after
they leave office.
• Senatorial courtesy allows
that the president submit
the name of the judicial
candidate to the senators
from the candidate’s state
before submitting to the
entire Senate for approval.
If either or both senators
oppose the nominee, the
president usually withdraws
that nomination.