Download The National Judiciary

The National Judiciary
Creation of a National Judiciary
 Articles of Confederation
 Alexander Hamilton - Federalist No. 78
 Article III - “The judicial power of the United States
shall be vested in one Supreme Court, and in such
inferior courts as the Congress may from time to
time ordain and establish.”
A Dual Court System
 two separate court systems
 the national judiciary - more than 100 courts.
 50 states -own system of courts well into the
thousands.
 state courts hear most of the cases in the country
Two Kinds of Federal Courts
 The Constitution creates the Supreme Court
 Congress creates the inferior courts – the lower
federal courts, those beneath the Supreme Court.
 Over the years, Congress has created two distinct
types of federal courts: Constitutional and Special
Constitutional Courts
 federal courts that Congress has formed under
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Article III to exercise “the judicial power of the
United States.”
Together with the Supreme Court include:
the courts of appeals,
the district courts,
and the Court of International Trade.
constitutional courts are sometimes called the
regular courts, and Article III courts.
Special Courts
 Do not exercise the broad “judicial power of the
United States.”
 Created by Congress to hear cases arising out of
some of the expressed powers given to Congress in
Article I.
 Hear a much narrower range of cases than those that
may come before the constitutional courts.
 Sometimes called the legislative courts.
 Court of Appeals for the Armed Forces
 the Court of Veterans Appeals,
 the Claims Courts,
 the Tax Court, and
 various territorial courts, and the courts of the
District of Columbia.
Jurisdiction
 Constitutional courts hear most of the cases tried in
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the federal courts - have jurisdiction over most
federal cases.
The authority of a court to hear and decide a case.
The Constitution gives the federal courts jurisdiction
over certain cases.
(1) the subject matter or
(2) the parties involved in the case.
Subject Matter
 the interpretation and application of a provision in
the Constitution on in any federal statute or
treaty; or,
 a question of admiralty (matters that are on the
high seas or navigable waters of the United States) or
a question of maritime law (matters arising on
land but directly relating to the water – for example,
a contract to deliver a ship’s supplies at dockside.)
Parties
 the United States or one of its officers or agencies;
 an ambassador, consul, or other official representative of
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a foreign government;
a State suing another State, or a citizen of another State,
or a foreign government or one of its subjects;
a citizen of one State suing a citizen of another State;
an American citizen suing a foreign government or one of
its subjects;
a citizen of one State suing a citizen of that same state
where both claim land under grants from different states.
 Any case falling into any of these categories can be
brought in the proper federal court.
 If a cases does not fit into one of these categories, it
cannot be heard in a federal courts.
 Most cases heard in this country are in state, or
 all cases that are not heard by the federal courts are
within the jurisdiction of the States’ court.
Exclusive Jurisdiction
 In several of the categories of cases above, the federal
courts have exclusive jurisdiction - those cases can
be heard only in the federal courts.
 For example, a case involving an ambassador or
some other official of a foreign government cannot
be heard in a state court. The trial of a person
charged with a federal crime, or a suit involving the
infringement of a patent or a copyright, or a case
involving any other matter arising out of an act of
Congress also falls within the exclusive jurisdiction
of the federal courts.
Examples of Exclusive
 A case involving an ambassador or some other
official of a foreign government cannot be heard in a
state court.
 The trial of a person charged with a federal crime
 A suit involving the infringement of a patent or a
copyright
 A case involving any other matter arising out of an
act of Congress also falls within the exclusive
jurisdiction of the federal courts.
Concurrent Jurisdiction
 Many cases may be tried in either a federal court or a
State court
 In such instances, the federal and State courts have
concurrent jurisdiction - they share the power to
hear those cases.
 Such cases are known in the law as cases in diverse
citizenship, lawsuits involving citizens of different
states
Examples
 According to Congress, federal district courts may
hear cases in diverse citizenship only if the amount
of money involved in a case is over $50,000.
 In such cases the plaintiff – the one who initiates the
suit – may bring the case in the proper State or
federal court, as he or she chooses.
 If the case in brought before the state court, the
defendant – the party who most defend against the
complaint – may have it moved to the federal district
court.
Original and Appellate Jurisdiction
 Original - court in which a case is heard first
 Appellate - court that hears a case on appeal from a
lower court
 The higher court – the appellate court – may uphold,
overrule, or in some way modify the decisions
appealed from the lower court.