The Federal Judiciary. The Structure of the Federal Judicial System.
The Federal Judicial System
description
Transcript of The Federal Judicial System
Government - Libertyville HS
The Federal Judicial System
Vocabulary Civil Case (P v. D)
Dispute between two or more people (parties)
Fighting over money (torts)
Criminal Case (State v. D) Dispute between society
(government) and a person
Fighting over liberty! (jail)
Types of trial Jury trial Bench trial Choice = P (civil) or D
(criminal)
Vocabulary Jurisdiction
What is the appropriate court to hear a case
Original jurisdiction = first level (“Trial Court”)
Appellate jurisdiction = second or higher level (“Appellate Court”)
Federal Court Jurisdiction District court = original Circuit court =
appellate Supreme Court =
BOTH!
Summary of Judicial System
US District Court 94 district courts
At least one in each state DC (1), Puerto Rico (1) 3 US territories (V.I.,
Guam, N. Mariana Isl.) Hear any kind of case
Exceptions: bankruptcy, international trade, claims against Fed. Gov., IRS cases
These are heard by special courts
US Circuit Court of Appeals All states divided into 11
Circuits, + the DC Circuit 179 justices authorized Hear appeals from lower
courts (mandatory) in their circuit
Hear appeals in 3 judge panels
Court of Appeals for the Federal Circuit is the 13th Circuit Court of Appeals Nationwide jurisdiction to
hear specialized cases
US Supreme Court Only court provided in
the Constitution Composition
1 Chief Justice 8 Associate Justices
Final authority in determining issues of law in USA
Judicial Review Ability to determine
constitutionality of federal statute
US Supreme Court Process
Appellate jurisdiction for all criminal, civil cases
Original jurisdiction for cases involving foreign diplomats or states
Getting a Case to USSC Appeal – review decision of
lower court Writ of Certiorari – accept
case to resolve “substantial federal question (“Rule of 4”)
Certificate – Lower court asks USSC to clarify a procedural / legal issue
US Supreme Court Hearings
Cases heard between October and June
Attorneys file written briefs before hearing
Amicus curiae brief “Friend of the Court” Affected groups file
written brief to support their position
Justices listen to oral arguments
Attorneys answer questions from all 9 justices at once
US Supreme Court After oral argument,
justices meet “in conference” every Friday Discuss, argue cases
amongst themselves CJ assigns who will write
opinion Vote on decision
Majority opinion (precedent)
Dissenting opinion (justices who don’t agree w/ majority)
Concurring opinion (agree w/ outcome, not reasoning)
US Supreme Court Workload
8241 filings in 2007 75 cases argued 67 signed opinions
Ideological Division of USSC Liberal justices = “Living
Constitution” (reinterpret Const. to fit current times)
Conservative justices = Constitution’s original meaning, intent to be preserved
Split on Court today (4/4/1)