Homework : OL 11.3 due Tuesday
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Transcript of Homework : OL 11.3 due Tuesday
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Homework: OL 11.3 due Tuesday
FrontPage: OL on your desk. Describe the 3 levels of the federal judiciary.
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Structure of the Federal Judiciary
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Let’s review We’ve learned about the purpose and history of the
Federal Courts (3rd branch) We also learned about the need for a Supreme Court
and that the Framers were split about the need/ desire for lower federal courts
These are courts that are part of the national judiciary (underneath the Supreme Court), but would be located throughout the states…
What compromise did the Framers agree on to settle this question?
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Article III, Section 1:
“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.”
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The Judiciary Act of 1789 What do
you know about the Judiciary Act?
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The Basic Structure of the Federal Judiciary
The lowest level courts are known as district courts First created in 1789…
The 2nd level courts are called Circuit courts First actual courts/judgeships created in 1891…
The 3rd level of the federal judiciary is the Supreme Court itself Found in the Constitution…
**There are also several other courts which specialize in various areas…more on that later.
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The Basic Structure of the Federal Judiciary
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Starting at the Bottom
And in the case of the legislative branch, there is really only one “level”; the House of Representatives and Senate.
• When we learned about the executive branch, we started at the top. The President is the head of the
executive branch, and basically all of the agencies and departments look to him for leadership and direction
In the executive branch, all of the work and directions proceed from top to bottom; they follow his orders.
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Working From the Bottom-Up
The Federal Court system is different, however… The Supreme Court is really the last court to hear cases
– The “court of last resort” The SC, in fact, cannot “act” in the way that the President or Congress can…it is a “passive” group.
**Most of the cases that reach the SC do so by working “up” through the other two levels of the federal court system
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First (lowest) levelDistrict Courts
These are called the “workhorses of the federal judiciary” Why do you think this is?
The text says district courts function as…? What is their “jurisdiction” (area of control)?
Today the original number (?) has grown to include how many total federal judicial districts? How many districts must each state have?
• Caseload (somewhat determined by pop.) determines how many districts a state has…
Is there always only 1 judge per district?
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PA has 3 federal districts…
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The western district of PA has 19 total justices and magistrates…
There are 13 district justices, and 6 district magistratesBoth can hear “non-prisoner civil cases”The justices hear death penalty, bankruptcy and
other specific, more important mattersMagistrates hear prisoner civil cases, and non-
death penalty cases
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California’s 4 Judicial districts
California has over 100
judges and magistrates…
FYI – North Dakota has 4 judges and 3 magistrates
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The Last Word…?
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
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“Circuit” (Appeals) Courts
Why were these “circuit courts” (really the judgeships) established in 1891?
A cartoon from 1885
depicts Supreme
Court justices being deluged with petitions
to review cases from
district courts.
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Circuit (Appeals) Courts What are the function and jurisdiction of the Circuit
courts?Appeal = request to review the decision of a
lower courtWhat kind of jurisdiction do these courts have?
How many circuits are there in the US?
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Federal Circuits and Districts
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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.
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Circuit Court Decisions
What 3 things can a circuit court do with a case that has been appealed?
Unless appealed to the SC, these decisions are final
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Constitutional Courts The district, circuit and Supreme Courts
are considered “Constitutional” courts, because they were created by Congress using the power given to it by Article III, as stated above
There are other, more “independent courts” that are still part of the federal judiciary…These are called “legislative courts”
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“Legislative” Courts
Created under Article I (legislative branch) to help Congress carry out its powers… E.g., Congress power to tax enables it to create the US
Tax Court Also, Congress power to regulate the armed forces
allows it to create the Court of Military Appeals.
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The Legislative Courts
US Claims Court– Claims against the US for money damages
US Tax Court - Hears cases relating to federal taxes US Court of Appeals for the Armed Forces - Hears cases
dealing with soldiers/military law US Territorial Courts - Hear cases in US territories (i.e.,
Guam, Puerto Rico) US Court of International Trade – tariffs and other issues Court of Veterans Appeals – dealing with vet issues Foreign Intelligence Surveillance Court (FISA) –
Approves wiretaps for intelligence purposes (w/out search warrant, not made public)
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The Complex Structure of the Federal Judiciary
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Review The lowest level courts in the federal judiciary are…?
They have _____________ jurisdiction. There are ____ districts. PA has…?
At least ___ per state….? The 2nd level courts in the federal judiciary are…?
They have _____________ jurisdiction. There are ___ circuits total.
PA is in the ___ circuit. What type of courts are the SC, Circuit and district courts? Under what authority were legislative courts created?
Give an example…