The Federal Court System

The Federal Court System

Basic Structure of the Court system

Dual Court and Tiered SystemDual Court:State and Federal Court Systems (concurrent power)Each with their own set of rules and regulationsDifferent criminal regulations establishedDual sovereigntyTiered SystemHierarchical of criminal and civil courts (lowest to highest)Trial Courts usually hear the case for the first time evidence is givenAppellate Court review errors of law not automaticSupreme Court Court of Last Resort state and federal Supreme Courts can use both is there a constitutional questionCategories of CourtsConstitutional CourtsCreated by Congress called the Article III courtsHears broad and diverse cases Includes: Supreme Court, District Courts, Courts of Appeal, Federal Circuit Appeals, TradeTerm justices/judges are appointed by a term of good behavior (life) and may be removed by impeachmentPresidential appointments with Senate confirmation how did you receive the job?Legislative CourtsArticle I courts created by CongressNarrow jurisdiction and specific cases heardIncludes: Territorial courts, Tax Court, Courts of DC, Armed Services and Veterans ClaimsYou are appointed by the President (confirmed by the Senate) for a specific number of years 15 years is the longest term.Laws within our judicial systemContract Law: relations with individuals Tort Law injuries and lawsuitsProperty Law real estate questionsInheritance Law wills (probate questions)Family Law divorce, marriage, name changes, etcConstitutional Law rights of the peopleInternational Law war and peace; trade issuesCriminal Law divided into:Felonies serious crimesMisdemeanors less serious crimesCapital death penalty crimesCrimes and their definitions: need your own paper for the next two slidesFelonies more than a year in PRISON (may be without or with parole)- murder, rape, grand larceny, armed robbery and kidnapping loss of civil rights (right to own a gun and the right to vote) follows you for the rest of your life (unless pardoned) in Virginia there are 6 classifications (class 1 being the most serious with death as a possible punishment); Misdemeanors 12 months or less in jail (usually fines are also given) simple battery (hitting someone), driving under the influence (unless you harm someone), possession of illegal drugs (under a certain amount) do not necessarily follow you for lifeIn Virginia, felonies are crimes punishable by over one year in prison. Some Virginia felonies are also punishable by fines, but the primary determination for the nature of the crime is the prison sentence.Class 1 Felony capital murder/rape (death, life in prison and a fine up to $100,000)Class 2 Felony murder, manslaughter, sexual crimes, robbery and kidnapping (minimum of 20 years to life; fines up to $100,000)Class 3 Felony manslaughter, drug crimes, abduction by prisoners, theft (5-20 years in prison and a fine up to $100,000) Class 4 Felony manslaughter, white collar crimes, tax crimes (2-10 years in prison and up to a $100,000 fine) Class 5 Felony DUI and assisting with kidnapping (1-10 years in prison or jail for up to 12 months, fine up to $2500) or both.Class 6 Felony violation of court order (child visitation), throwing objects from more than one story (1-5 years in prison, up to 12 months in jail and /or fine up to $2500)Jurisdiction of the CourtsExclusive JurisdictionCase may be heard in either the state or federal courts not bothCases include: involving the ambassadors; copyrights and patents; United States is involved in some mannerConcurrent JurisdictionCase may be heard in either the state or federal court systemExamples:Diversity Cases those involving more than $75,000, kidnapping, citizen of one state suing another stateJurisdiction continuedOriginal Jurisdiction:Case is heard for the first timeBasic Concept: the facts and evidence to answer the questions of who, what, where, when and why (motive question)Which courts? Trial courts of the federal system (drug cases) and the Supreme Court (according to the Constitution)Appellate JurisdictionThe power to review cases looking for errors of lawWhich courts?Court of Appeals hears appeals from the Tax Court, Courts of DC, territorial courts, District Courts and federal agenciesCourt of Appeals for the Federal Circuit hears appeals from Claims Court, Veterans Affairs and TradeSupreme Court from state courts and the lower appellate courts9District CourtsCreated by the Judiciary Act of 1789Trial court use of the jury systemOriginal JurisdictionWork Horse of the system94 courts approximately 400,000 cases per year heardCriminal cases (drugs, mail fraud) and civil (civil rights, labor, bankruptcy)The Jury SystemGrand JuryIndicts people of serious crimesUp to 23 citizensProsecution onlySecret Is there enough evidence to go to trial?Petit Jury6 12 people with alternatesListen to the evidence Guilty or Not Guiltyreasonable doubt included with this juryCourt of AppealsKnown as the circuit courtsThree judges per panelCreated by Congress in 1891Appellate Jurisdiction from: the District Courts (trial courts), Territorial Courts, DC Courts, Tax Court and the regulatory agencies Hears approximately 61,000 cases per year

Article I courts (legislative)Court of Federal ClaimsFirst created in the year 1855 but renamed in the year 1993Power to pay the debts of the countryYou may sue the federal government with their permissionTax Refund Claims, Contract Claims16 judges appointed for a term of 15 yearsTerritorial CourtsPower to govern and protect the territories of the United States Mariana Islands, Guam and the Virgin IslandsLocal Court System for the territories

Article I Courts (legislative)Court of Appeals for Veterans AppealsClause 91988 createdChief Judge and 6 associatesDC CourtsPower over the nations seat of governmentLocal Court System for the citySuperior Court (trial)Court of AppealsUnited States Tax CourtClause 11969 created19 judgesCivil cases involving the IRS and Treasury DepartmentCourt of Military AppealsClause 14Review Court Martial CasesCivilian JudgesArticle I courts continuedCourt of Appeals for the Federal CircuitNationwide Appellate jurisdiction12 judges (one court)Created in 1982Appeals from:Court of International TradeClaims CourtVeterans ClaimsCourt of International Trade1926 created (customs court) renamed in 19809 judgesCourt is held in port citiesCivil cases involving tariff issues and trade issuesThe Supreme CourtOnly court created by the Constitution (Article III)Number of justices is determined by CongressJudiciary Act of 1789 6 Justices1807 7 Justices1837- 9 Justices1863 10 Justices (act passed to not replace the next three justices who retired), but did not work1869 back to 9 FDR tried the Court Packing Scheme but did not succeed.As of today, there are 9 justices with 1 Chief Justice (John Roberts) and 8 associate justices1st Chief Justice John JayChief Justice who put the Supreme Court on equal footing with the other branches John MarshallProtected rights of the accused Chief Justice Earl Warren (1954-1969)Gave power back to the Police Chief Justice Warren Earl Burger (1969-1986)The power of Judicial ReviewArticle VI allows for the national government to determine that state laws are unconstitutional due to the Supremacy Clause (Fletcher v. Peck was the first case to test this idea)Indirect power over executive actions and national laws passed by the CongressMarbury v. Madison (1803) Writ of mandamus declared unconstitutional the Congress cannot change the original jurisdiction of the Court part of the Judiciary Act of 1789Chief Justice Marshalls famous opinionEqual footing with the other branches created a new check and balance for us to learnHow the Court worksGetting a case to court:File a petition request a WRIT OF CERTIORARI (asking for records of the lower courts)Conference Chief Justice Starts the discussions and the concept of RULE OF FOUR if four justices (out of the 9) agree there is merit to the case, it is placed on the docketDocket schedule of cases to be heard by the CourtOptions available:Overturn the previous decision immediately (per curiam opinion)Uphold the previous decisionDecide to hear the case ask the defendant for more informationCourt workingsBrief is filed:Legal arguments and precedents are outlinedSolicitor General is the attorney for the United StatesOral arguments30 minutes per sideWhite Light 5 minutes remaining on your timeRed Light STOP talkingClarification period Justices may ask questions throughout your 30 minutesConference TimeChief Justice starts the discussionMost Junior Justice votes first on the case.Opinions of the CourtUnanimous9-0 vote; the strongest decisionMajorityWritten by a justice who voted with the majority all justices have to proof read and make commentsConcurring Written by a justice who voted for the majority but has different reasons for voting a certain wayDissentingWritten by the justices who did not vote with the majority either as a group opinion or individual opinionsPer CuriamUnwritten and unsigned opinion but the Court decided a case on its merits (quick overturn during conferences)HomeworkBring this to class next period for a quiz along with notes on the 9 justicesTheir nameYear appointedWho appointed them?Age of the Justice

The quiz is fill in the blank so bring your best handwriting with you also.