U.S. Judicial Systems Flashcards
Are there several judicial systems in the U.S.?
Yes. These systems consist of one integrated federal court system, and independent judicial systems in each of the states.
This distinction between several judicial systems is a product of Federalism.
The federal judiciary is created and empowered by federal law.
The 50 states judiciary is created and empowered by state law.
How do the federal and states judiciary work together?
The federal judicial system and each state’s judicial system operate independently and litigations go through one system or the other.
There are some exceptions to the latter though;
- Certiorari review
- Certification
- Writ of habeas corpus
Describe the structure of the federal courts.
The federal judiciary, and thereby the federal courts, are established and empowered by Art. III of the Constitution.
The Constitution establishes a Supreme Court, and grants the Congress authority to create lower federal courts.
- Supreme Court
- Court of Appeals (12) (Circuit courts)
- District Courts (94)
What cases must be brought before the federal courts?
Any dispute arising out if the Constitution or federal law must be brought for a federal court (if the dispute is only related to federal law it must be brought before state courts)
What kind of jurisdiction do federal courts have?
limited subject-matter jurisdiction, meaning that they only have competence over certain kinds of cases.
At the same time, the federal courts have general jurisdiction meaning, that they are not specialized courts, and therefore have power to hear most types of cases, that are brought before the court.
Art. III in the Constitution limits the federal courts power to resolve “cases” and “controversies”. This limitation is intended in order for courts to not consider theoretical questions, but only cases with a genuine controversy between real parties, who wish to solve a dispute.
How do state courts operate?
State courts are required to follow Supreme Court precedent on questions of federal law, but otherwise state courts operate independently. State courts are the product of state constitutional and statutory law.
The court of last resort of each state is the ultimate judicial arbiter of that state’s law.
What is judicial independence?
Once a judge is appointed he or she enjoys complete independence from political branches. The Constitution prohibits reduction of judicial salaries, and provides that judges hold their tenure “during good behaviour”, which has been interpreted meaning for life, except in case of impeachment or a number of high crimes.
There is no mandatory retirement age for judges.
Are there any limits on federal judicial power?
Yes, broadly speaking there are two limits.
- the subject matter jurisdiction of the federal courts is limited = authority to only decide on certain kinds of cases.
- Justiciability = the “case or controversy” requirement.
What does the federal court subject matter jurisdiction cover?
The federal courts have subject matter jurisdiction over following kinds of cases:
1. Cases where the U.S. is a party.
2.Cases about a federal or constitutional question
3. Diversity jurisdiction
requires, that the parties are citizens from different
states and;
more than $75.000 in controversy.
In what federal courts are evidence presented?
In District Courts.
Evidence is not presented in the Court of Appeals nor in the Supreme Court.
Describe the jurisdiction of the Supreme Court in broad terms.
- Small original jurisdiction (jurisdiction to hear a case for the first time)
- small mandatory appellate jurisdiction
- most is discretionary jurisdiction mainly via writ of certiorari.
What is the power of judicial review?
The power of judicial review refers to the power of the courts to review and declare unconstitutional actions of the legislative and executive branches.
What is the writ of certiorari?
The Supreme court brings a case directly to the supreme court, even though the case is undecided in a lower court (they will usually not look at a case, that is in the district court, even though the Supreme Court finds it important, because the Supreme Court would prefer to wait in order to have more opinions in mind, when deciding on the matter)
How do you select a court?
First: Subject matter jurisdiction (federal or state court)
Secondly: Personal jurisdiction:
–> After subject matter jurisdiction has been decided, the question of which court within either the federal court system or the state court system.
Thirdly: Venue
Related: Choice of law (1. choice of procedural law, 2. choice of substantive law).
