CHAPTER 18

THE FEDERAL COURT SYSTEM

 

GENERAL INFORMATION

 

-         ARTICLE III OF THE CONSTITUTION DEALS WITH THE JUDICIARY

 

-         THE FOUNDING FATHERS WANTED TO ELIMINATE ONE OF THE GLARING WEAKNESSES OF GOVERNMENT UNDER THE ARTICLES OF CONFEDERATION i.e. LACK OF A NATIONAL JUDICIARY

 

-         THE SUPREME COURT IS THE ONLY COURT CREATED IN THE CONSTITUTION

§       ALL OTHER FEDERAL COURTS HAVE BEEN CREATED BY AN ACT OF CONGRESS

 

-         IN THE U.S., WE HAVE A DUAL COURT SYSTEM

 

o      NATIONAL COURTS AND STATE COURTS

 

-         JURISDICTION – def – AUTHORITY TO HEAR A CASE

 

o      ORIGINAL

o      APPELLATE

o      EXCLUSIVE

o      CONCURRENT

 

TYPES OF FEDERAL COURTS

 

-         CONSTITUTIONAL COURTS

 

o      DISTRICT COURTS

o      COURTS OF APPEAL

o      U.S. SUPREME COURT


SPECIAL COURTS

 

o      COURT OF MILITARY APPEALS

o      U.S. TAX COURT

o      U.S. CLAIMS COURT

§       SOVEREIGN IMMUNITY – def – THE KING DOES NO WRONG

·       A GOVERNMENT CAN’T BE SUED UNLESS IT GRANTS ITS PERMISSION

·       STARE DECISIS – def – JUDGING BY PRECEDENT

o      TERRITORIAL COURT

o      COURTS OF WASHINGTON D.C.

o      BANKRUPTCY COURT

 

FEDERAL JURISDICTION

 

-         SUBJECT MATTER OF THE CASE

 

o      SUPREME LAW OF THE LAND

§       CONSTITUTION AND AMENDMENTS

§       TREATIES AND EXECUTIVE AGREEMENTS

§       SUPREME COURT DECISIONS

§       FEDERAL LAWS

§       ADMINISTRATIVE DICTA

o      CASES OF ADMIRALTY AND MARITIME

 

-         PARTIES

o      U.S. GOVERNMENT IS A LITIGANT

o      FOREIGN AMBASSADORS, MINISTERS, AND COUNSELS

o      DISPUTES BETWEEN STATES

o      CASE INVOLVING A U.S. CITIZEN AND A FOREIGN COUNTRY

o      DIVERSE CITIZENSHIP – def- CITIZENS FROM DIFFERENT STATES

§       A FEDERAL COURT PROVIDES A NEUTRAL FORUM


THE SUPREME COURT

 

-         ORIGINAL JURISDICTION

o      CASES INVOLVING FOREIGN AMBASSADORS, MINISTERS AND COUNSELS

o      CASES INVOLVING DISPUTES BETWEEN STATES

 

-         HOW DO CASES GET TO THE SUPREME COURT?

o      ORIGINAL JURISDICTION

o      APPELLATE JURISDICTION

§       COURT OF FINAL APPEAL

o      CERTIORARI – def – COURT ORDER WHICH ORDERS A LOWER COURT TO TRANSMIT TRANSCRIPTS OF A CASE TO THE SUPREME COURT

§       MOST COMMON AVENUE TO THE SUPREME COURT

o      CERTIFICATE

§       A LOWER COURT ASKS THE SUPREME COURT TO CERTIFY ITS DECISION

 

-         ORIGINAL JURISDICTION CANNOT BE INCREASED OR DECREASED BY AN ACT OF CONGRESS - AN AMENDMENT IS NEEDED

 

o      AMENDMENT 11 – LIMITED ORIGINAL JURISDICTION

§       ELIMINATED CASES INVOLVING STATES AND CITIZENS OF ANOTHER STATE

 

-         JUDICIAL REVIEW

 

o      THE ABILITY OF THE SUPREME COURT TO DETERMINE WHETHER AN ACTION OF CONGRESS OR THE PRESIDENT IS CONSTITUTIONAL OR UNCONSTITUTIONAL

 

§       NOT FOUND IN THE CONSTITUTION

§       MARBURY V. MADISON

§        

-         JUDICIAL SELF-RESTRAINT

-          

o      CASES IN WHICH THE SUPREME COURT WILL REFUSE TO RENDER A DECISION

§       EXAMPLES

·       ABSTRACT CASES

·       CASES INVOLVING A POLITICAL QUESTION

1.    WHICH MIGHT FAVOR ONE POLITICAL PARTY OVER ANOTHER

 

-         JUDICIAL ACTIVISM

o      CONCEPT OF THE JUDICIARY OVERSTEPPING ITS AUTHORITY AND ACTUALLY LEGISLATING

§       CRITICISM OF THE JUDICIARY

 

-         FEDERAL JUDGES

o      APPOINTED AS OPPOSED TO ELECTED

o      RATIONALE – CREATE AN INDEPENDENT JUDICIARY

§       FOUNDING FATHERS WANTED JUDGES TO BE ALOOF OF THE POLITICAL ARENA

 

-         WHAT IS JUSTICE?

 

o      THE LAW BEING FAIR, REASONABLE, AND IMPARTIAL

 

o      TRUE JUSTICE IS UNATTAINABLE BECAUSE HUMANS MAKE, ENFORCE AND INTERPRET LAW

 

-         PERSONNEL

 

o      THE ATTORNEY GENERAL HEADS THE JUSTICE DEPARTMENT

§       FURNISHES LEGAL ADVICE TO THE PRESIDENT

§       ENFORCES FEDERAL CRIMINAL LAWS

§       SUPERVISES THE WORK OF U.S. ATTORNEYS AND U.S. MARSHALS

§       OPERATES THE FEDERAL PRISON SYSTEM

§       ENFORCES THE IMMIGRATION, NATURALIZATION, AND NARCOTICS LAWS

o      SOLICITOR GENERAL

§       REPRESENTS THE U.S. IN COURT

o      U.S. ATTORNEYS

§       REPRESENT THE GOVERNMENT IN BOTH CIVIL AND CRIMINAL LITIGATION

o      U.S. MARSHALS

§       CHIEF LAW ENFORCEMENT OFFICERS IN RURAL AREAS

§       PRIMARILY CHARGED WITH THE DUTY OF JAIL DELIVERY

o      U.S. MAGISTRATES

§       ISSUE ARREST AND SEARCH WARRANTS

 

-         THE FEDERAL COURTS UTILIZE BOTH

o      GRAND JURIES – INVESTIGATIVE IN SCOPE

§       ISSUES INDICTMENTS

o      PETIT JURIES – TRIAL JURIES