Name: AP U.S. Government and Politics

Introduction to the Federal Judicial Branch

A cursory glance at today’s political discourse reveals that the U.S. Congress and the Presidency get all the attention. But dig deeper and you find that the federal0020judicial branch wields enormous power. After all, it was the U.S. Supreme Court that mandated an end to the legal segregation of blacks and whites in the South (Brown v. Board of Education, 1954), declared abortion legal throughout the country (Roe v. Wade, 1973), and permitted corporations and labor unions to spend their own money to campaign on behalf of candidates for public offices (Citizens United v. the Federal Elections Commission, 2010). It may be the last branch of the federal government that we study, but it is certainly not the least!

This activity will provide you with a basic introduction to the structure and workings of the judicial branch. The text was excerpted and adapted from the website of the federal court system (www.uscourts.gov) and “Federal Court Concepts” (www.catea.gatech.edu/grade/legal/index.html).

IntroductionThe federal courts are the third branch of the government of the United States of America, and may be the least understood of the three branches. Most Americans are familiar with the White House and the Congress, but are less familiar with the Supreme Court and the many lower federal courts nationwide. While courts occasionally make news with landmark rulings or through decisions in interesting cases, they tend to be less visible than other government entities.

Most Americans have heard the President make a speech on television or watched the Congress debate on C-SPAN. In contrast, the proceedings of federal courts are not televised, and most people have not heard an oral argument or testimony before a federal court, at least outside of jury duty. Although the federal courts do not get the publicity that the other two branches of government do, their decisions have a profound impact on the lives of all Americans.

Basis in the ConstitutionThe federal court system is created in the U.S. Constitution. The federal courts are authorized by Article III of the U.S. Constitution. Article III provides that:

The judicial power of the United States is vested in the federal court system. The highest court in the federal court system is the Supreme Court. Congress may create other "inferior" courts that are below the Supreme Court. Supreme Court Justices and other federal judges are appointed for life tenures, unless removed

from office for having committed some wrongdoing.1

Congress may not decrease the pay of federal judges or Supreme Court justices while they are in office.

Article II further provides that the President appoints federal judges with the “advice and consent” of the Senate. The President usually consults senators or other elected officials concerning candidates for vacancies on the federal courts.

The Structure of the Federal Court SystemThe Supreme Court is the highest court in the federal Judiciary. Congress has established two levels of federal courts under the Supreme Court: the trial courts and the appellate courts.

U.S. Supreme Court: The United States Supreme Court consists of the Chief Justice of the United States and eight associate justices. At its discretion, and within certain guidelines established by Congress, the Supreme Court each year hears a limited number of the cases it is asked to decide. Those cases may begin in the federal or state courts, and they usually involve important questions about the Constitution or federal law.

Appellate Courts: There are 12 federal Courts of Appeals. Also called circuit courts because in the early years judges would travel around a specific region – or “ride circuit” –to try cases, the U.S. Courts of Appeal hear appeals from the district courts located within their circuits. These Courts of Appeal or “appellate courts” are said to have appellate jurisdiction, meaning that they hear cases that have been decided at least once in a lower court, and they determine whether to “reverse” or “uphold” those decisions. Courts of Appeal consist of panels of judges (usually three) who decide on cases without input from a jury. (In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws.)

District Courts: The United States district courts are the trial courts of the federal court system. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil cases (for example, somebody sues somebody else for violating the terms of a contract) and criminal cases (for example, somebody is accused by the government of having violating an anti-drug law). There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico. Each district includes a United States bankruptcy court as a unit of the district court. The district courts are said to have original jurisdiction, meaning they hear a case for the first time. Individuals who are involved in a district court trial and are unhappy with the outcomes may petition to a Court of Appeals to reconsider their case.

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Below is a map of the lower federal court system. The large, black numbers denote the “circuits” of the U.S. Courts of Appeal. Within each circuit is a set of district courts. Atlanta is in the Northern District of Georgia, which is in the 11 th Circuit. The Court of Appeal of the 11th Circuit (which happens to be located in Atlanta) hears appeals from the district courts in Alabama, Georgia and Florida.

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Another View of the Structure of the Federal Court System

Jurisdiction of the Federal CourtsAlthough federal courts are located in every state, they are not the only forum available to potential litigants. In fact, the great majority of legal disputes in American courts are addressed in the separate state court systems. For example, state courts handle cases involving:

divorce and child custody matter; probate and inheritance issues; real estate questions, and juvenile matters; and most criminal cases, contract disputes, traffic violations, and personal injury cases.

For this reason, the U.S. is known to have a dual court system consisting of federal and state courts.

Federal courts hear cases involving: a question over whether a law violate the U.S. Constitution; cases involving the laws and treaties of the U.S.; ambassadors and public ministers; disputes between two or more states; admiralty law (governing maritime questions or offenses) bankruptcy cases

Before a federal court can hear a case, or “exercise its jurisdiction,” certain conditions must be met. First, under the Constitution, federal courts exercise only “judicial” powers. This means that federal judges may

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interpret the law only through the resolution of actual disputes between two or more groups or individuals, referred to in Article III of the Constitution as “Cases or Controversies.” In other words, a court cannot attempt to correct a problem on its own initiative, or to answer a hypothetical legal question. Also, the court must be authorized, under the Constitution or a federal law, to hear the case and grant appropriate relief to the plaintiff (the person initiating the case). The federal courts, thus, are courts of limited jurisdiction because they may only decide certain types of cases as provided by Congress or as identified in the Constitution.

In general, federal courts may decide cases that involve the United States government, the United States Constitution or federal laws, or controversies between states or between the United States and foreign governments. A case that raises such a “federal question” may be filed in federal court. Examples of such cases might include a claim by an individual for entitlement to money under a federal government program such as Social Security, a claim by the government that someone has violated federal laws, or a challenge to actions taken by a federal agency.

A case also may be filed in federal court based on the “diversity of citizenship” of the litigants, such as between citizens of different states, or between United States citizens and those of another country. To ensure fairness to the out-of-state litigant, the Constitution provides that such cases may be heard in a federal court. An important limit to diversity jurisdiction is that only cases involving more than $75,000 in potential damages may be filed in a federal court. Claims below that amount may only be pursued in state court. Moreover, any diversity jurisdiction case, regardless of the amount of money involved, may be brought in a state court rather than a federal court.

Federal courts also have jurisdiction over all bankruptcy matters, which Congress has determined should be addressed in federal courts rather than the state courts. Through the bankruptcy process, individuals or businesses that can no longer pay their creditors may either seek a court-supervised liquidation of their assets, or they may reorganize their financial affairs and work out a plan to pay off their debts.

Selection of Federal JudgesSupreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution. The names of potential nominees are often recommended by Senators who are of the President's political party. This is known as “senatorial courtesy.” The Senate Judiciary Committee typically conducts confirmation hearings for each nominee. Article III of the Constitution states that these judicial officers are appointed for a life term.

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Differences Between Federal and State Courts

Structure

The Federal Court System The State Court System

Article III of the Constitution invests the judicial power of the United States in the federal court system. Article III, Section 1 specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts.

The Constitution and laws of each state establish the state courts. A court of last resort, often known as a “supreme court,” is usually the highest court in a state. Some states also have a court of appeals. Below these appeals courts are the state trial courts.

Congress has used this power to establish the 13 U.S. courts of appeals, the 94 U.S. district courts, and other courts. U.S. bankruptcy courts handle bankruptcy cases.

States also usually have courts that handle specific legal matters, e.g., probate court (wills and estates); juvenile court; family court; etc.

Parties dissatisfied with a decision of a U.S. district court and some other lower courts may appeal to a U.S. court of appeals.

Parties dissatisfied with the decision of the trial court may take their cases to the intermediate court of appeals.

A party may ask the U.S. Supreme Court to review a decision of the U.S. Court of Appeals, but the Supreme Court usually is under no obligation to do so. The U.S. Supreme Court is the final arbiter of federal constitutional questions.

Parties have the option to ask the highest state court to hear the case. Only certain state court cases are eligible for review by the U.S. Supreme Court.

Selection of Judges

The Federal Court System The State Court System

Federal judges are nominated by the President and confirmed by the Senate. They hold office during good behavior, typically for life. Through congressional impeachment proceedings, federal judges may be removed from office for misbehavior.

State court judges are selected by:o election,o appointment for a given number of

years,o appointment for life, ando combinations of these methods.

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Questions

1. In what section of the Constitution is the federal judicial system described? What portions of the system are explicitly established by the Constitution? What about the rest of the system?

2. How do a) Congress and b) the executive branch impact the judicial system?3. Describe the structure of the federal judicial system and the responsibilities of its different parts.4. "Jurisdiction" is the right or authority of a court to hear a certain kind of case. Describe the jurisdiction of

the federal court system, generally.5. "Original jurisdiction" is the right to hear a case for the first time, while "appellate jurisdiction" is the

power of a court to review decisions and change outcomes of decisions of lower courts. Which levels of the federal judicial system have original jurisdiction? Appellate? Both? Explain.

6. Why are Federal Courts of Appeal known as "circuit courts"?7. If you commit a federal crime in Roswell, GA, in which federal district court would your case be heard? If

you were convicted and wished to appeal, which federal court of appeals would hear your case?8. How many federal judges are there? How are judgeships created? How are judges chosen?9. The Constitution establishes a dual court system consisting of federal and state courts. How does the

federal court system compare to the state system?

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