Authority for Judicial System - Article III
Where does the Court's Power Come From?
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What is the authority for the Supreme Court of the United States?
Article III of the Constitution establishes the US Supreme Court as the highest court in the land. It has original jurisdiction over certain matters, but serves almost entirely as an appellate court. It provides appellate review of the decisions of the highest state court and decisions from all federal appellate courts.
- Relevant Law: Article III, 2, cl. 2, of the Constitution provides: "In all Cases . . . in which a State shall be Party, the Supreme Court shall have original Jurisdiction." Congress has provided in 28 U.S.C. 1251 that "(a) the Supreme Court shall have original and exclusive jurisdiction of: (1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties; (2) All controversies between the United States and a State; (3) All actions or proceedings by a State against the citizens of another State or against aliens."
Next Article: Article I - Legislative and Administrative Courts Back to: US Court System
What is the Authority for Federal Appellate Courts?
These courts serve as the appellate courts for matters decided by judge or jury in the District Court. There are 13 federal appellate courts consisting of 11 enumerated US Circuit Courts of Appeal, the District of Columbia Circuit, and the Federal Circuit.
- Relevant Law: 28 U.S.C. 1291 provides that, The courts of appeals (other than the United States Court of Appeals for the Federal Circuit) shall have jurisdiction of appeals from all final decisions of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, except where a direct review may be had in the Supreme Court. The jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections 1292(c) and (d) and 1295 of this title.
What is the Authority for Ancillary Federal Courts?
These are Article III federal courts with special authority and vested with specific jurisdiction by Congress. These ancillary courts include:
- US Foreign Intelligence Surveillance Court, was established in 1978 when Congress enacted The Foreign Intelligence Surveillance Act (FISA), which is codified, as amended, at 50 U.S.C ch. 36, to oversee requests for surveillance warrants.
- US Foreign Intelligence Surveillance Court of Review, has the sole purpose of reviewing denials of applications for electronic surveillance warrants.
- US Court of International Trade, 28 USC Ch.11, was created to hear only cases involving particular international trade and customs law questions.
- US Alien Terrorist Removal Court, 8 USC 1532, was created to determine whether non-resident aliens should be deported from the US on grounds of terrorism.
What is the Authority for the US District Courts?
These are the Article III trial courts for the federal system. There are approximately 94 district courts spread throughout the United States. They do not follow state boundaries; rather, they are positioned within pre-established federal jurisdictions. There are also courts of limited jurisdiction, known as federal magistrate courts, which exist in support of the federal district courts.
- Relevant Law :See 28 USC 1330-1369.
Why do you think that there are fewer federal trial and appellate courts than in the state court systems? How many cases does the US Supreme Court hear in a year? Does this number surprise you? Why or why not? What do you think is the reasoning behind the creation of special ancillary courts?
- The cases that are likely to be filed at the federal trial court are fewer given the nature or subject matter of federal law. The US supreme court approximately 80 cases per year. The special courts are given special authority as deemed fit by congress. Most people see them as necessary, as they ensure special matters which may arise are dealt with effectively.
Meredith is involved in a civil trial in the US District Court located in the state of Maryland. At the conclusion of the trial, she appeals the court's decision to the appropriate appellate court. Which Circuit Court of Appeals would be charged with reviewing Meredith's request for appeal?
- The 4th Circuit Court of Appeals jurisdiction includes the state of Maryland.
- US Courts (Intro)
- What is the Authority for Article III Courts?
- What is the Authority for Article I Courts?
- What is the authority for courts under Article II?
- What is the authority for Article IV Territorial Courts?
- What is the authority for State Courts?
- What are Article III Courts?
- What are Article I Administrative Courts?
- What are Article IV Territorial Courts?
- What are state courts?
- What is Subject-Matter Jurisdiction?
- What is Federal Court Subject-Matter Jurisdiction?
- What is State Court Subject-Matter Jurisdiction?
- Can a Federal trial courts hear state matters & vice versa?
- Can a Federal appellate court hear federal matters & vice versa?
- What is Personal Jurisdiction?
- How to establish Federal Court Personal Jurisdiction?
- How to establish State Court Personal Jurisdiction?
- What is a Long-Arm Statute?
- Who are the primary players in the state judicial system?
- What types of judges are part of the judiciary?
- What is the role of jurors in the judicial system?
- What number of jurors and juror votes are required for guilt or liability?
- What do Attorneys do?
- Who are the other players in the judicial system?
- US Circuit Court?
- US Supreme Court?
- Appeals from Legislative and Administrative Courts
- Appeals in the state court system?