2.17.

22 Caitlin Peters

FEDERAL JUDICIARY OUTLINE

FEDERAL CONSTITUTIONAL COURT
- Justices have do not fixed terms. They cannot have their pay reduced.
-Has power to review lower courts decisions, doesn’t have judicial review power.
-Has specific, rather than general purpose.

CIVIL
1.) “Diversity Jurisdiction” allows plaintiff of one state to file a lawsuit in federal court
when the defendant is in a different state. The defendant can also seek to “remove”
from state court for the same reason, “amount in controversy” must be more than
$75,000.

District Court (Civil)- Trial Courts

1.) US Attorneys are the prosecutors of District Courts
2.) Handles issues surrounding federal employees
3.) Trial court within the Federal court system
4.) Civil cases, magistrates often handle a variety of issues such as pre-trial motions
and discovery.

CRIMINAL
1.) US Attorneys are the prosecutors of District Courts
2.) May not be brought into “diversity jurisdiction” courts.

District Court: Original Jurisdiction (Criminal)- Trial Courts

1.) Trial Courts within Federal court system
2.) Can only hear case’s arising under federal statutes, the Constitution, or treaties.
3.) States may only bring [state] criminal prosecutions in state courts, and the
federal government may only bring [federal] criminal prosecutions in federal
court.
4.) Magistrate Judges oversee certain cases, issue search warrants and arrest
warrants, conduct initial hearings, set bail, decide certain motions (such as a
motion to suppress evidence), and other similar actions.
Circuit Courts- Appeals
1.) Appeals Courts, can only be brought into a Federal Circuit Court only after a
District court has finalized their decision in civil and criminal case’s.
2.) Appeals to circuit courts are first heard by a panel, consisting of three circuit
court judges. Parties file “briefs” to the court, arguing why the trial court’s
decision should be “affirmed” or “reversed.”
3.) After the briefs are filed, the court will schedule “oral argument” in which the
lawyers come before the court to make their arguments and answer the judges’
questions.
4.) Though it is rare, the entire circuit court may consider certain appeals in a
process called an “en banc hearing.” (The Ninth Circuit has a different process
for en banc than the rest of the circuits.) En banc opinions tend to carry more
weight and are usually decided only after a panel has first heard the case. Once a
panel has ruled on an issue and “published” the opinion, no future panel can
overrule the previous decision. The panel can, however, suggest that the circuit
take up the case en banc to reconsider the first panel’s decision.

Supreme Court- Final Appeals Court

1.) Highest Court in the American Judicial Court System. It has the power to decide
appeals on all cases brought in federal court or those brought in state court but
dealing with federal law.
2.) After the circuit court or state supreme court has ruled on a case, either party
may choose to appeal to the Supreme Court.
3.) Parties may file a “writ of certiorari” to the court, asking it to hear the case. If the
writ is granted, the Supreme Court will take briefs and conduct oral argument. If
the writ is not granted, the lower court’s opinion stands. Certiorari is not often
granted; less than 1% of appeals to the high court are actually heard by it. The
Court typically hears cases when there are conflicting decisions across the
country on a particular issue or when there is an egregious error in a case.

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FEDERAL LEGISTATIVE COURT
- Judges are not given constitutional protections. They have fixed terms and they can
have their pay reduced.
-Have the power of Judicial review.

Claims Court
-Uses trial juries and settles claims against the US Government.
- Congress must appropriate the money for settlement if a plaintiff wins. The Court
of Claims has 16 judges who serve 15-year terms.

Tax Courts
- Determines civil cases brought by citizens against the Internal Revenue Service
(IRS). They do not hear criminal or tax fraud cases. The federal tax court has 19 judges
who serve 12-year terms. One of these judges serves as the chief judge of this court.

Territorial Courts
- Act as district courts for U.S. overseas territories, including the Virgin Islands,
Guam, and North Mariana Islands.

Court of International Trade

- Sitting as a panel of three judges, this court customarily hears tariff and trade
disputes. The nine judges on this court serve life terms.

Court of Appeals for the Federal Court

- Has 12 judges who serve life terms. It hears civil case appeals from the trade and
claim courts.

Court of Military Appeals

- Has three judges who serve 15-year terms. These judges review disputed court
martial cases. Although it is rare, appeals from the Court of Military Appeals can go to
the Supreme Court.

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 After examining the differences between the Virginia Judicial and the Federal
Judiciary structures. I have concluded they are meant to resemble each other. Although,
Federal Judiciaries have a stricter rule governing the cases they can choose to hear.
Whereas Virginia must see all cases that the Prosecutor (aka District Attorney) brings forth.
Federal cases in Federal District Court are the responsibility of the Attorney General for that
state. In Virginia District Court a Prosecutor is responsible for their district. Virginia
Judiciary has an overlapping Jurisdiction in certain cases. Federal Courts do not have
jurisdiction where states have original jurisdiction. Although, cases that are in more than
one state are up to the plaintiff to decide.
In observation the main differences between Federal Court and Virginia Courts. It
seems that Virginia Courts have more control over cases. Federal Courts can’t get involved
until a Virginia Court acts in a manner that is in violation of the Constitution and the
Constitutional rights of the individuals with cases in their Courts. Virginia Courts are more
generalized, than Federal Courts are specific. Virginia Courts do not have judicial review
control and the Federal Courts are in power of those reviews.
It is most interesting and ultimately a discouragement for everyday citizens who are
enduring discrimination. Following the “chain of command” process is tedious and takes
many years to see any relief. The biggest downfall with this divide from State Courts to
Federal Courts, as I have experienced, is the overall conflict of interest that arises within the
State Courts. Since Judges are expected to conduct themselves outside of the public eye.
They tend to conduct their personal time with others like them. Making justice for everyday
people hard, especially, when all the judges spend their personal time with each other.
Getting true justice wouldn’t be such a hard task if ethics were not dying.
“Therefore you have no excuse, O man, every one of you who judges. For in passing judgment
on another you condemn yourself, because you, the judge, practice the very same things.”
Leviticus 19:13 KJV