The U.S. judicial system

Question 1

How many court systems are there?

Answer 1

The national government has its own court system and each of the states has its own.

Question 2

Where is the federal judiciary established?

Answer 2

In article three of the Constitution. It establishes a Supreme Court.

Question 3

How is a federal judge chosen?

Answer 3

Federal judges are selected by the President subject to a process of confirmation by the U.S. Senate. Once appointed, federal judges serve as long as they wish, subject to removal from office only on conviction for an impeachable offense

Question 4

Which court is the ultimate judicial arbiter of state law?

Answer 4

That is the court of last resort in that particular state. Not even the U.S. Supreme Court has greater authority when it comes to interpreting the law of that state.

Question 5

Are federal courts of limited subject-matter (competence) jurisdiction?

Answer 5

Yes. The federal courts only have competence over certain kinds of cases

Question 6

Are federal courts of general jurisdiction?

Answer 6

Yes. This means that for the most part, they are not specialized courts

Question 7

Do the federal courts supervise the state courts?

Answer 7

No. They operate independently though they are required to follow Supreme Court precedent on questions of federal law.

Question 8

Dual/parallel court structure

Answer 8

The federal court system and the various state court systems are considered to be dual or Each system is independent of the other parallel systems.

Question 9

How are the federal courts organized?

Answer 9

The federal courts are organized on the basis of both geography and hierarchy.

Question 10

What is the hierarchy of the federal courts?

Answer 10

District courts on the base, courts of appeal in the middle and then the Supreme Court.

Question 11

How can one become a federal judge?

Answer 11

Nominations are made by the President and the appointment is made upon “the advice and consent” of the U.S. Senate. There is no special career track

Question 12

What is the subject matter jurisdiction of the federal courts?

Answer 12

Article 3 gives the federal courts only limited subject matter jurisdiction:

1. Cases that arise under federal law (based on a federal constitutional or statutory right)
2. Cases of diversity of citizenship (parties that come from different states + the amount in controversy must be $75,000 or more)

Question 13

Overlapping federal and state court jurisdiction

Answer 13

There will be jurisdiction in both the federal and state courts when there is a basis for federal court jurisdiction but no statute requiring the case to be brought in federal court.

Question 14

Can a federal court issue advisory opinions?

Answer 14

No. The federal court jurisdiction is limited to “cases” and “controversies”.

Question 15

What is the geographical organization of the federal courts?

Answer 15

The nation is split into 12 circuits and further 94 judicial districts. Each judicial district is home to one federal district court.

Question 16

Are there specialized federal courts?

Answer 16

Yes, e.g. military courts at the trial and appellate level, the Court of Veteran’s Affairs, and the U.S. Tax Court, as well as federal administrative agencies and boards.

Question 17

Where does a federal case begin?

Answer 17

A federal case usually begins in one of the district courts. and is assigned to one of the district judges.

Question 18

What is the role of the judge compared to the role of the jury?

Answer 18

• Judge: responsible for questions of law.

- Jury: responsible for questions of facts.

Question 19

Is there a jury in the Court of Appeal?

Answer 19

No.

Question 20

How many justices are there on the U.S. Supreme Court?

Answer 20

There are nine (one chief and eight associates).

Question 21

Does the Supreme Court view questions of law and facts?

Answer 21

No, only on law. There is no jury and the Supreme Court does not receive evidence.

Question 22

What is the meaning of “the rule of four”?

Answer 22

If four justices are in favor the writ will be granted. If fewer than four wants to hear the case, the writ will be denied.

Question 23

What is the meaning of “en banc”?

Answer 23

En banc review means that a larger number of judges beyond the original three-judge panel review the panel’s decision.

Question 24

What makes a case federal?

Answer 24

Federal courts decide lawsuits between citizens of different states, cases against the United States, and cases involving specific federal laws

Question 25

How does a case go from state to federal court?

Answer 25

As a general rule, a case that originates in a state court remains in state court for its entire duration. There are some limited circumstances under which a state-court case can move to a federal court.
- E.g.: Sometimes a plaintiff has the option of filing a lawsuit in either state court or federal court and chooses to file it in state court. When this happens, the defendant has the legal right to have the case transferred to federal court.

Question 26

“Stare decisis” is Latin - what is the meaning in English?

Answer 26

“To stand by things decided”

Question 27

What are the issues related to stare decisis?

Answer 27

• It can be necessary to overrule incorrect precedents to rectify wrong decisions or to account for changes in the Court’s or society’s understandings of the facts underlying a legal issue
• When a precedent conflicts with the proper understanding of the Constitution, Justices should follow the Constitution and overrule incorrect precedents