Fed Courts Flashcards
Fed Courts - SC control over Art 1 Courts
SC retains “essential attributes of judicial power” - can review art I courts decision affecting life/liberty/property
SC Original JDX (PACS)
- Public Ministers - Ambassadors - Consuls - State as party (btwn states none concurrent)
SC Appellate JDX - 2 types
1) Discretionary - Writ of certiorari 2) Mandatory - Appeal (when judgment by 3 judge panel from federal district court)
SC Appellate JDX - Discretionary : 2 situations
1) When issue of CX of treaty/statute at state high court 2) All cases from Fed Court of Appeals (Circuit)
SC Appellate JDX - Discretionary - Review issues from Fed Court of Appeals
1) When conflict between decision from Circuit court with other circuit’s decision or SC decision
2) When a significant Q of Law is presented
3) When issue of substantial public interest
Fed District Court- JDX (3)
1) Fed Q
2) Diversity + amount
3) Supplemental jdx
Cx - Federal Courts
- Art III Courts: SC + Circuit (appeals) + district
- Art I courts: for special purposes
Cx - Federal Courts - Art III courts / appointment, benefits, creation
SC/ Circuit/District
- appointment: Nominated by POTUS with confirmation by senate majority
- Removal onlt by act of congress - impeachment
- Benefits: life tenure and salary protection
Cx - Federal Courts - Art I Courts - Examples
Special purposes - for the “other enumerated powers of congress”
- i.e. tax, DC, military
Cx - Federal Courts - Art I and Art III Courts Relations - SC Control
“ESSENTIAL ATTRIBUTES OF JUSTICE”
- limits congress to exclude entire classes of cases from art III courts review WHEN:
- Issues of life/liberty/property
Art I courts decisions are to be reviewed by Art III courts