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
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THE SUPREME COURT IS THE ONLY COURT CREATED IN THE
CONSTITUTION
§
ALL OTHER FEDERAL COURTS HAVE BEEN CREATED BY AN ACT
OF CONGRESS
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IN THE
o
NATIONAL COURTS AND STATE COURTS
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JURISDICTION def AUTHORITY TO HEAR A CASE
o
ORIGINAL
o
APPELLATE
o
EXCLUSIVE
o
CONCURRENT
TYPES OF FEDERAL COURTS
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CONSTITUTIONAL COURTS
o
DISTRICT COURTS
o
COURTS OF APPEAL
o
SPECIAL
COURTS
o
COURT OF MILITARY APPEALS
o
o
§
SOVEREIGN IMMUNITY def THE KING DOES NO WRONG
·
A GOVERNMENT CANT BE SUED UNLESS IT GRANTS ITS
PERMISSION
·
STARE DECISIS def JUDGING BY PRECEDENT
o
TERRITORIAL COURT
o
COURTS OF
o
BANKRUPTCY COURT
FEDERAL JURISDICTION
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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
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PARTIES
o
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
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ORIGINAL JURISDICTION
o
CASES INVOLVING FOREIGN AMBASSADORS, MINISTERS AND
COUNSELS
o
CASES INVOLVING DISPUTES BETWEEN STATES
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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
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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
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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
§
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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
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JUDICIAL ACTIVISM
o
CONCEPT OF THE JUDICIARY OVERSTEPPING ITS AUTHORITY
AND ACTUALLY LEGISLATING
§
CRITICISM OF THE JUDICIARY
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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
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WHAT IS JUSTICE?
o
THE LAW BEING FAIR, REASONABLE, AND IMPARTIAL
o
TRUE JUSTICE IS UNATTAINABLE BECAUSE HUMANS MAKE,
ENFORCE AND INTERPRET LAW
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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