ࡱ> pro#` 0bjbjmm 2J(<<<<<<<T &&&& &TLk\'\'\'\'\'\'\'\'FkHkHkHkHkHkHk$}lhnlk<2\'\'22lk<<\'\'k3332^<\'<\'Fk32Fk33e<<&k\'P' D̚&2g4Fkk0kgpo3(oh&ko<&k \'\*f3- /y\'\'\'lklk3\'\'\'k2222LLL&LLL&Pd@<<<<<< Chapter 11---The Federal Court System Powers of the Federal Courts: A. Introduction Supreme Court played a small role until Chief Justice John Marshall was appointed in 1801. He helped to increase the power of the Court. Today the judicial branch is well established as an equal with the legislative & executive branches. B. Jurisdiction of the Courts Each of the 50 states has its own system of courts.Their powers come from state constitutions & laws. The federal court system is consists of the Supreme Court & lower federal courts. Federal Courts get their powers from the U.S. Constitution & federal laws. Jurisdictionthe authority to hear certain cases. State Courtshave jurisdiction over cases involving state laws. Federal Courtshave jurisdiction over cases involving: federal laws treaties with foreign nations Constitutional interpretations bankruptcy Maritime law Federal Courts also have jurisdiction if certain parties or persons are involved: Ambassadors & representatives of foreign governments Two or more state governments The United States government or one of its offices or agencies Citizens who are residents of more than one state Citizens that are residents of the same state but claim land grants in other states Concurrent JurisdictionBoth federal & state courts have authority. Ex: case involving citizens of different states in a dispute concerning more than $75,000 may be tried in either a state or federal court---***However, the case must be tried in a federal court if the person suing insists. Original & Appellate Jurisdiction Original Jurisdictionthe authority of a trial court to be first to hear a case. Ex: Federal court systemthe district courts as well as several other lower courts have only original jurisdiction Appellate Jurisdictionauthority held by a court to hear a case that is appealed from a lower court Ex; Federal Court SystemCourt of Appeals & U.S. Supreme Court C. Developing Supreme Court Power The following principles of the Supreme Court have developed from custom, usage, & history. Neither the Supreme Court Justices nor any federal court judge can initiate action Litigantspeople engaged in a lawsuit must bring suit to them. Federal courts will only determine cases. They do not answer a legal questions, regardless how important the question or who asks it. c. Judicial Reviewpower of the Supreme Court to declare laws & actions of local, state, & national governments unconstitutional. Marbury v. Madison (1803) d. The Supreme Court expanded its power to review State laws Fletcher v. Peck (1810) Dartmouth College v. Woodward (1819) e. Supreme Court rulings expanded the power of the federal government at the expense of the states McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) f. Supported states rights on the issue of slavery & damaged the court. Dred Scott v Sandford (1857)Congress powerless to stop the spread of slavery. D. Due Process Due Process Clause of the 14th Amendmentstates that no state may deprive a person of life, liberty, or property without due process of law 2. The following cases are important rulings related to the Civil War Amendments: Slaughterhouse CasesLouisiana had granted a monopoly on the slaughtering business to one company. Competing butchers claimed that this grant denied them the right to practice their trade. They claimed that the 14th Amendment guaranteed the privileges & immunities of U.S. citizenship, equal protection of the laws, & due process. 1873Supreme Court ruled for the State of Louisiana. It explained that the amendment only protected the rights & privileges of federal, not state, citizenship. Plessy v. Ferguson (1896) court established the separate but equal doctrine If facilities are equal for both races, the facilities can be separate or segregated. The Court and Business 1870sGranger CasesSupreme court rejected a challenge to state regulatory laws More often, the court sided with business Debs. United Statesupheld the contempt conviction of labor leader Eugene Debs 1920s & 1930sthe court went back & forth in supporting or opposing the regulation of business Civil Liberties Warren Court (1953-1969)protected civil freedoms Brown v. Board of education of Topeka (1954)overturned Plessy v. Ferguson & outlawed segregation in public schools Extended equal protection in voting rights Applied due process to people accused of crimes Lower Federal Courts A. Introduction Congress established a network of lower federal courts (2 basic types) a. Constitutional federal courts b.Legislative Federal courts B. Constitutional Courtsestablished by Congress Under Article III 1. Federal District Courts94 district courts a. Jurisdiction over cases involving federal laws b. try both criminal & civil cases c. Criminal cases2 types of juries used: Grand Jury 16-23 people hear charges against a person suspected of committing a crime Issue indictmentsformal accusation charging a person with a crime if they feel there is sufficient evidence to bring the person to trial. Petit Jury6 or 12 people is the trial jury decides whether a person is guilty or not guilty (criminal Case) decides for either the plaintiff or defendant (Civil Case) d. The following appointed officials provide support services for District Courts: U.S. attorney represents the United States in all civil suits brought against the government & prosecutes people charged with federal crimes. United States magistrate issues arrest warrants & helps decide whether the arrested person should be held for a grand jury hearing United States marshal may make arrests, secure jurors, or keep order in the courtroom. Clerk keeps records of court proceedings with deputy clerks, bailiffs, & stenographers 2. Federal Court of Appealshave only appellate jurisdiction a. 12 judicial circuits with 1 appellate court in each circuit. b. 13th Court is a special appeals court with national jurisdiction c. The Appeal Courts may: uphold the decision reverse the decision send the case back to the lower court to be tried again d. U.S. Circuit Court of Appeals for the Federal Circuitspecial court of appeals hears cases from s federal claims court, the Court of International trade, the U.S. Patent Office, & other executive agencies Headquarters are in Washington, D.C. 3. Court of International Tradejurisdiction over cases dealing with tariffs C. Legislative Courtshelp Congress use its power United States Court of Federal Crimeshandles claims against the United States for money damages. United states Tax Courthears cases related to federal taxes. United States Court of Appeals for the Armed ForcesArmed Forces Highest appeals Court. hears cases involving members of the armed forces convicted of breaking military law. Territorial Courtsare similar to district courts in function, operation, & jurisdiction. They handle civil & criminal cases, along with constitutional cases. Courts of the District of Columbiajudicial system for the nations capital handles both criminal 7 civil cases that need to be heard within the District of Columbia Court of Veterans Appealhandles cases arising from veterans claims for benefits. Foreign Intelligence Surveillance Courtauthorized to approve wiretaps & searches of anyone suspected of terrorism or clandestine activity. Warrants from this court can be issued without probable cause. D. Selection of Federal Judges The President of the U.S. appoints all federal judges with consent from the Senate Judges serve for lifefree from public or political pressures when deciding cases Presidents favor judges who belong to the their political party Presidents follow the practice of senatorial courtesy. (District Courts only) President submits name of a judicial candidate to the senators from the candidates state before submitting it for formal Senate approval. If either or both Senators oppose the nominee, the president usually withdraws the name & nominates another candidate The Supreme Court A. Introduction Supreme Court has final authority in cases involving the Constitution, acts of Congress, & treaties with other nations. Nomination to the Supreme Court is a high honor. B. Supreme Court Jurisdiction 1.The Supreme Court has original jurisdiction in: cases involving representatives of foreign governments certain cases in which a state is a party. C. Supreme Court Justices 9 Members1 Chief Justice & 8 Associate justices Congress has the power to change the number of justices Congress has the power to impeach justices The main duty of the justices is to hear & rule on cases: Involves the following: Deciding which cases to hear from the thousands appealed to the Court each year Deciding the cases itself Determining the Courts opinion, or explanation of its decision The Chief Justice has the additional duties of: presiding over discussions of the cases. Acting as a leader in the Courts judicial work Helping to administer the federal court system Other duties by the justices: One Supreme Court Justice is assigned to each circuit, 3 justices handle 2 districts each May take on other duties if workloads permit Earl Warreninvestigated assassination of JFK Justices avoid involvement in cases that might prevent them from being objective or fair. Law clerks help justices with the following: reading all the appeals filed with the Court. Writing memos summarizing the key issues in each case. Helping prepare the Courts opinions by doing research & writing first drafts Most Supreme court Justices have the following characteristics: law degree & considerable legal experience. Experience as a state or federal court judge or attorney general Aged 50 or older, although 10 were younger than 50. Upper class background Native-born citizenship. Only 6 have been born outside the country & Washington appointed 3 of them. D. Appointing Justices The Senate does not always approve presidents choices Ex: Robert Bork (1988) The American Bar Association (ABA) rates possible candidates but they may or may not influence the president or Senate Interest groups try to influence the nominating process NOWopposes nominees who are against womens rights Others focus on attitudes of potential justices to Roe v. 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