2-22 PART 2 (CHAPTER 3)

2-22 PART 2 (CHAPTER 3) - Murphy Chapter 3 Judicial...

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Murphy Chapter 3: Judicial Organization: Introduction: There are two complete systems of courts; federal and state o Then there are fifty separate state systems The federal legal system is built on two major statements of the 1780s o Article III: it wasn’t difficult for them to build this system because it was a familiar one brought over by England At least one federal court, the Supreme court of the US but they couldn’t’ agree on what kind of inferior federal tribunals to establish; one decided that there should e a lower federal court (Virginia plan) while another believed that the state court should hear cases and then appeals would be allowed to the Supreme court This created the Article III (with the combination of both) It gives congress the authority to create state courts and mentions nothing about it Another issues involved choosing federal judges; the Virginia Plans proposed that Congress select these judges Finally they decided that this power should be given to the president; with the consent of the senate o And Judiciary Act of 1789: established lower federal courts (created by the founders and this gave Congress the authority to do this) First it sought to structure a federal system of courts by fleshing out the provisions of article III by establishing a Supreme court, circuit courts, and district courts; It also created thirteen district courts The second goal was to specify the jurisdictions of the various federal courts The district courts were to serve as minor trial courts (hearing cases involving admiralty issues…) Circuit courts: also were trial courts with more jurisdiction over more important federal civil and criminal matters as well as cases between citizens and states Finally the court gave many jurisdictions to the Supreme Court The supreme court could hear a case that claims that the law violated the Constitution or denied some claim based on the US Constitution federal laws, or treaties It was not until 1875 when Congress conferred on federal courts the full jurisdiction it had withheld in 1789 There were also issues in the mid 1800s about who has more power in the government, after much argument the Supreme Court explained that they do have power over all the little courts and a state can not just pass something and not expect the supreme court to check up on it The country is divided into eleven numbered circuits, a twelfth court of appeals sits in the District of Columbia There is an order in which cases can be heard in front of the Supreme court; cases involving ones that the lower court declare a state/federal law unconstitutional are immediately rushed to the Supreme Court and they must find an answer immediately A second route to the court is called certification (writ of certification) asking the justices to respond to questions aimed at clarifying federal law The third is a writ of certiorari (to be made more certain)
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