Introduction To The Federal Courts

Types of Law

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)

Criminal: concerns violations of civil code, I.e. violations against society

Civil Law (dispute; torts b/w two people)– 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

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

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) Evidence of judicial law-making

– 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

Exclusive: sole authority of federal court to try case

Concurrent: authority of federal/state court to try a case

Original: authority of a court to first try a case

Appellate: authority of a court to hear an appeal

Jurisdiction of Federal Courts

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

District Courts– 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

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