Congress Made Under Article 3 to Work the Judicial Power of the Us

Jarillo, Allyn

Period 1 Gov

November 2015

Chapter 18 Section 1

I. Creation of a National Judiciary

The constitutional courts are the federal courts that Congress made under Article 3 to work the judicial power of the US.

A. A Dual Court System

Special courts=legislative courts. Now they include the US Court Appeals for the armed Forces, US Court Appeals for Veteran Claims, US Court of Federal Claims, US Court Tax Court, various territorial courts,courts of the District of Colombia.

B. Two Kinds of Federal Court

Over the years, Congress created 2 district types of federal courts:1. the constitution courts 2.special courts.

II. Federal Court Jurisdiction

They now include the courts of appeals, district courts, US Court of International Trade. Constitution courts=regular  courts or Article 3. III. Types of Jurisdiction

Article 3, Section 2 gives federal courts may hear a case because of either 1. subject matter 2. parties provided.

A. Exclusive and Concurrent Jurisdiction

a case involving an ambassador or some other official of a foreign government cannot be heard in State court; it must be tried in federal court.

B. Original and Appellate Jurisdiction

In federal system, the district courts have only original jurisdiction and the courts of appeals have only appellate jurisdiction.

IV. Appointment of Judges

The Supreme court excursuses both original and appellate jurisdiction.

V. Terms and Pay of Judges

Congress gives the federal district courts may cases of diverse citizenship only if amount of money involved in a case is more than $75,000.

VI. Court Officers

 person who files suit may bring the case in the proper States of federal court as he or she chooses.

Chapter 18 Section 2

I. The Districts Courts

the district courts original jurisdiction over most cases that are heard in federal courts -except those cases that go into original jurisdiction of US Supreme Court and cases heard by US Court of International Trade or one of the special courts.

A. Federal Judicial Districts

these district courts are the principal trail courts in the federal court system.

B. District Court Jurisdiction

 The district courts hear a wide range of both __&__.

II. The Courts of Appeals

the courts of appeals were created by Congress in 1891.

A. Appellate Court Judges

 They were established as “gatekeepers” to relieve the Supreme Court of much of burden of hearing appeals from district courts.

B. Appellate Court Jurisdiction

Those appeals have become so numerous that the Supreme court was then 3 years behind in __-its list of cases to be heard.

III. Other Constitutional Courts

They hear civil cases arising under bankruptcy, postal, tax, public lands, civil rights, other laws of US.

A. The Court of International Trade

Most of the decisions made in 94 federal district courts are final

B. The Court of Appeals for the Federal CircuitSome cases re appealed to the court of appeals that judicial circuit or in few instances, directly to Supreme Court.

Chapter 18 Section 3

I. Judicial Review

The denial of cert isn’t a decision on merits of a case. Denial=for whatever reason 4 or more justices couldn’t agree that the Supreme Court should accept that case review.

A. Marbury V. Madison

 Either party to a case can petition the Court to issue a writ.

B. The Effects of Marbury

an order may return a case to a lower court of reconsideration in the light of some other recent related case decided by the High Court. The Court decides after hearing arguments and with full opinions fewer than 100 cases a year.

II. Supreme Court Jurisdiction

few cases do reach Court in another way by __=used when lower court isn’t clear about the procedure or rule of law that should apply in a case.

III. How Cases Reach the Court

 Most cases reach the Court do from highest State courts and federal courts of appeals. Few do come, from federal district courts and a few from Court of Appeals for the armed forces.