Adjudication

Question 1

Article III judges include and are appointed how?

Answer 1

Art. III judges are Federal Court Judges, Supreme Court Judges, etc. Once they are nominated by the President and approved by the Senate, they have lifetime tenure and can only be removed for cause. They hear cases involving private rights and common law.

Question 2

Article I judges include whom and are appointed how?

Answer 2

They are legislative creations. Bankruptcy judges, magistrates, administrative law judges, etc. They are appointed for a term of years and can only be removed for cause. They hear matter of public rights and cannot take anything away from Art. III judges.

Question 3

(Commodity v. Schor)

Express Waiver of jurisdiction of Art. III judge for Art. I:

Answer 3

A party can expressly waive jurisdictional issues between Art. III and Art. I judges when they wish to move a case to another court as long as it involves a narrow area of the law better suited for Art. I hearing.

Question 4

(Commodity v. Schor)

Implied Waiver of jurisdiction for Art. I court rather than Art. III:

Answer 4

Although the lawsuit could’ve been brought in USDC with an Art. III judge, the party can implicitly waive their right to it by filing in an Art. III court.

Question 5

What is the exception seen in Commodity v. Schor regarding when a common law issue can be heard in an Art. I court rather than Art. III?

Answer 5

A narrow and particular exception to allow counter-claims based on a narrow area of the law to be heard by the better suited Art. I judge instead.

Question 6

When an Art. I judgement is appealed to District court, what standard of review is applied?

Answer 6

Clearly Erroneous or clear error.