Structure and Jurisdiction of the Federal Courts

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On Becoming a Justice, and Judging
Judges…
 http://www.youtube.com/watch?v=Tme4DEwGL3U
 http://www.youtube.com/watch?v=rJyPUaVmX8Q&fe
ature=related
AP Government and Politics
Wilson: Chapter 14
Homework:
Read Wilson, Chapter 14 (422-432)
Read Woll, Chapter 3, “Roe vs. Wade” (158-168) and “Constitutional
Liberty/the Right to an Abortion” (412-416)
Structure of the Judicial Branch
The Original District and Circuits
 Created by the
Judiciary Act
of 1789
 6 SC Justices
 13 Districts
 3 Circuits
 “Riding the
Circuit”
How do cases get to federal court?
 The federal courts only have jurisdiction over certain subjects, or
only when certain parties are involved in the case
 Congress has enlarged and diminished this jurisdiction over time
 Treaties, federal law, the Constitution
 Federal officers, foreign diplomats, or states
 Original vs. Appellate jurisdiction
 State courts hear cases related to state laws; federal courts hear
cases related to federal laws
 Exclusive vs. Concurrent jurisdiction
 Certain situations may present the ability to be heard in either
state or federal court.
 Typically, the prosecutors will consider the jurisdiction with harshest
penalty, or more likely victory.
How do cases get to the Supreme
Court?
 Usually begin in federal district court.
 Could be decision appealed from a state court, or could be an original
jurisdiction case
 If appealed from state court, a Constitutional or federal issue must be
involved.
 District courts are the trial courts of the federal court system.
 Within limits set by Congress and the Constitution, 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.
 There are 94 federal judicial districts, including at least one
district in each state, the District of Columbia and Puerto Rico.
 Each district includes a United States bankruptcy court as a unit of
the district court.
PA has 3 of the 94 federal judicial
districts
 Each district can have a different number of justices
and magistrates.
 The western district of PA has 19 total justices…
 13 district justices and 6 magistrates
•There are 13 district justices,
and 6 district magistrates
•Both can hear “non-prisoner
civil cases”
•The justices hear death penalty,
bankruptcy and other specific,
more important matters
•Magistrates hear prisoner civil
cases, and non-death penalty
cases
Step 2: Circuit Courts of Appeal
 Most federal district court opinions are the final word in the
cases….
 But…if a side feels that the decision was incorrect, or feels it did not
receive a fair hearing, it may appeal the case to the next level of the
federal judiciary
 Courts of Appeal
 Created as a separate level, with their own justices, in the late 1800s
 The 94 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.
 If a party loses in Circuit court, they may appeal their case to the
Supreme Court
There are 23 circuit court judges in
the 3rd circuit court of appeals
 Typically, a panel of judges will hear appeals and make
their decision.
The US Court System – Legislative and
Constitutional (judicial) courts
Appealing to the Supreme Court
 If a party loses in Circuit court, they may appeal their case to
the Supreme Court
 Most cases reach the Supreme Court on appeal from the
Circuit Courts
 How many justices does it take to decide to hear a case?

Why is this number unusual?
 If the justices decide to hear a case, they will issue a “writ of
certiorari”
 Out of the thousands of petitions for certiorari that are submitted every
year, roughly 10% are granted.
 How does the court “decide to decide”?
 What criteria would you use?
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