Government Chapter 18

Court of Federal Claims

16 judges serving 15 years Hears cases throughout the country for requests of damages against the Federal Government Copyright and trademark infringement, Breach of Contract, Eminent domain, Contract biding procedure

Oral arguments

2 cases a day for two weeks - 30 minutes for each side, No witnesses, no evidence, no juries, Petitioner goes first then the Respondent

Special court judges are appointed for

4-15 years

Court of Appeals for the Armed Services

5 judges sit to review serious court martial convictions of military personnel

Court of International Trade

9 judges hear civil cases arising out of tariff and trade related laws Court may hear only cases involving particular international trade and customs law questions Can travel from port to port - including international ports

What is the total number of justices and what are the titles of the 2 positions

9 total; Chief Justice, Associate Justices - Appointed for life by President with simple majority confirmation from the Senate

Rule of Forur

A supreme court practice that permits four of the nine justices to grant a write of certiorari

Inferior Courts

All of the federal courts beneath the Supreme Court created by Congress

Court of Appeals for Veterans Claims

Appeals from Veteran's Administration regarding the denial or mishandling of benefits Can hear cases anywhere thy choose they are centrally located in DC

Jurisdiction

Authority of a court to hear a case

Concurrent Jurisdiction

Cases can be heard in both state and federal system

Exclusive Jurisdiction

Cases hear only in federal system

United States Tax Court

Civil disputes only, not criminal Would not be tried for tax evasion Only over the dispute over the application of tax laws

Writ of Certiorari

Commonly known as a cert; order by the court directing a lower court to send up the record given case for review

Who's responsible for making all other courts in federal judiciary

Congress

Precedent

Court decisions on legal questions that guide future cases; Jurisdiction held by High Court

Appellate Jurisdiction

Court that hears a case on appeal from a lower court - all courts of appeal have this

Special Courts (Legislative Courts)

Do not exercise the broad judicial power of the US government; hear cases arising out of some of the expressed powers of Congress

District Courts

First step in judicial process - hear both civil and criminal cases Only courts in federal system that use juries

Constitutional Courts

Formed under article 3 to "exercise the judicial power of he US"

Courts of Appeals

Gatekeepers to relive Supreme Court Usually sit in panels of 3 while hearing a case - hold appellate jurisdiction US divided in 12 judicial circuits with 179 judges

Court of Appeals for the Federal Circuit

Hears cases from all over the country - appellate and nationwide jurisdiction, jurisdiction is really based on subject matter Created to speed up handling of certain cases - cases heard depend on subject matter, ex: patents and copyrights 12 judges sit in panels of three or more

Original Jurisdiction - "Trial Courts"

Held by court where case is heard for first time

"Dual System of Courts"

Refers to the 208 national courts and the numerous state courts

Federal courts may here cases for what two reasons?

Subject Matter - Violation for Federal Law, Interpretation of the application of Constitution, and US Waters Parties Involved - US Government, officer or agency of the US, Ambassador of a foreign governor, citizen suing a citizen of another state

What is the only court mentioned in the US Constitution

Supreme Court

Majority Opinion

The official opinion of the Court; Decision of who writes opinion is determined by seniority

Judicial Review

The power if the courts to determine the constitutionality of government actions

Solicitor General

Third highest ranking official in the US Department of Justice; appointed by President confirmed by Senate; argues on behalf of the government in virtually every case in which the US is a party before the Supreme Court

Dissenting Opinion

Written by justices who do not agree with the official opinion of the court

Concurrent Opinion

Written to emphasize a point not made in the majority opinion

How are Federal judges appointed?

appointed by President with Senate confirmation

Constitutional court judges are appointed for

life

Briefs

written by both sides on how the court should decide a case