Introduction to the Federal Courts Unit 2 Branches

Introduction to the Federal Courts Unit 2: Branches

I. Structure of Federal Court system

A. Dual system of courts: In our federal system we have both federal and state courts Court Handles cases dealing with: 1. Federal law 2. U. S. Constitution Court Handles cases dealing with: 1. State law 2. State Constitutions

B. Article I (legislative or special) courts Examples of these courts: Claims courts: hears lawsuits against the federal govt Court of military Appeals District of Columbia Courts

C. Article III (Const. Crts) Article III of the Const. deals with judiciary and creates a Supreme Court while also giving Congress the power create “inferior” (lower) courts. These three levels of courts form the basis of our federal court system

Three Levels of Courts 1. District Courts Handle 90% of all federal cases 94 such courts 610 judges 2. Courts of Appeal (Appellate) Are 12 of these spread out in 12 districts or “circuits” 2) 156 judges try > 18, 000 cases a year 3. Supreme Court (Separate Lecture)

II. Judicial power is passive

A. Courts cannot reach out and “take” cases. Cases must come to them B. There must be an actual case (“controversy”) for a court to make a ruling. Courts cannot “create” cases

III. Legal Standing (Holding Legal Water) A. Only those with standing may challenge a law or gov’t action Example: Lesbian couple challenging NY inheritance law

III. Judicial law making A. Judges interpret the law and in doing so in fact make law. It is necessary that they make law because: 1. Broadly worded statutes (laws) 2. Const broadly worded 3. Thus- interpretation of statutes and the Const. is in effect making law: Some quotes: a) “the Supreme Court is the Constitution”- (Justice Felix Frankfurter) b) “The Supreme Court is a constitutional convention in continuous session”- (Woodrow Wilson)

B. Evidence of judicial law making 1. Courts vs. state law 2. Courts vs. federal law 3. The Supreme Court vs. itself 4. Political vs. Constitutional questions

IV. Jurisdiction: 4 types A. Exclusive B. Concurrent C. Original D. Appellate

VI. Jurisdiction of federal courts. Fed Crts may try a case if it involves the following issues: The Const, Fed law, or treaty Admiralty law & Maritime law Disputes btwn 2 or more states U. S. Govt as party Citizens of diff states Ambassadors or diplomats

Essential Knowledge 1. Identify the three levels of the federal court system. Discuss the jurisdiction of each 2. Discuss the implications of the quote made by Woodrow Wilson-“The Supreme Court is a constitutional convention in continuous session”