Lower Federal Courts

1. Lower Federal Courts Chapter 11, Section 2

2. Constitutional Courts • Congress created the lower fed. Courts with the Judiciary Act of 1789 • Two types of lower fed. courts – constitutional courts and legislative courts • Constitutional courts – est. by congress under the provisions of Article III of Constitution • fed. district courts • fed. courts of appeals • U.S. Court of International Trade

3. Constitutional Courts Cont. • Federal District Courts – created by congress in 1789 to serve as trial courts ( hear >80% of fed. cases) • districts followed state boundary lines • cases grow  congress divided some states into more than 1 district  94 districts today • trial courts for criminal & civil fed. cases • 2 types of juries in criminal cases • grand jury – 16-23 people hear charges • w/ sufficient evidence jury issues indictment – formal accusation charging a person with crime • petit jury – 6 or 12 people  trial jury • weigh evidence presented at trial and issues verdict of guilty or not guilty

4. Constitutional Courts Cont. • Officers of the Court – each dist. has: • U.S. attorney to rep. U.S. govt. in civil suits against U.S. govt. & prosecute people charged w/ fed. crimes • U.S. Magistrate – issue arrest warrants & help decide if arrested person is held for grand jury hearing • bankruptcy judge – handles bankruptcy cases • U.S. Marshal – makes arrests, secures jurors, keeping order in courtroom • Variety of of people keep records of court proceedings

5. Constitutional Courts Cont. • Federal Courts of Appeals • people who loose in dist. court can appeal to fed. court of appeals • 13 U.S. courts of appeals • U.S. divided into 12 judicial circuits or regions w/ 1 appellate court per circuit  13th is special appellate court w/ national jurisdiction • 3 judges sit on each appeal • Have only appellate jurisdiction • can uphold decision, reverse a decision, or send it down to dist. court to be tried again  appellate court decisions final unless appealed up to SC • US Circuit Court of Appeals for the Fed. Circuit – special court of appeals to hear cases from fed. claims court, the Court of International Trade, US Patent Office, and other exec. agencies

6. Constitutional Courts Cont. • The Court of International Trade • jurisdiction over cases dealing w/ tariffs • citizens who believe tariffs are too high bring cases to this court • national court

7. Legislative Courts • Legislative courts - help congress exercise its powers • U.S. Court of Federal Claims • original jurisdiction • handles claims against US for money damages • ex: US has not paid a bill for goods or services • US. Tax Court • original jurisdiction • hears cases related to fed. taxes • U.S. Court of Appeals for the Armed Forces • appellate jurisdiction • covers cases involving members of armed forces breaking military law

8. Legislative Courts Cont. • Territorial Courts • similar to dist. courts • Courts of the District of Columbia • The Court of Veterans’ Appeals • deals w/ cases arising from unsettled veterans’ claims for benefits • Foreign Intelligence Surveillance Court • can approve warrants to investigate terrorist activities w/o probable cause

9. Selection of Federal Judges • Pres. w/ consent of Senate appoints all fed. judges • Party Affiliation • Pres. favor judges from own political party • congress controls number of judgeships • Judicial Philosophy • judges appointed for life • pres. therefore sees appointments as opportunity to extend influence after their term ends • makes appointments a political issue

10. Selection of Federal Judges • Senatorial Courtesy – pres. submits name of judicial candidate to senators from candidate’s state before submitting for formal Senate approval  withdraw name if opposition • only followed for dist. courts • The Background of Federal Judges • legal training • held positions in law and/or govt. • racial minority and female judges appointed more often now • Thurgood Marshall – 1st African American justice • Sandra Day O’Connor – 1st female justice