Introduction to the American legal system

Introduction to the American legal system

Chapter 1

The federal court system : structure, judicial system

Introduction

-two seperate and interacting jurisdictions : state and federal

-jurisdiction = hear and determine a case

-federal courts = powers given by constitution

-state courts = limited jurisdiction

Jurisdiction of the Federal Courts

Federal question jurisdiction

-cases concerning federal, constitutional, and treaties

-lower federal courts -> given general federal question jurisdiction (GFQJ) in 1875

-state courts = enforce and interpret federal laws ->detain priority on GFQJ but decision is never final (can be reviewed by federal court)

-some GFQJs have federal court jurisdiction exclusively (decided by congress)

Diversity jurisdiction

-Federal Court jurisdiction also applies to dispute between citizen of different state or between citizen and an alien

-minimum $75 000 to invoque federal court (unless parties agree to go to state court)

-diversity cases = 20% of federal court cases

Limitations on federal judicial power

-standing = plaintiff must have a distinct and palpable injury caused by defendant

-ripeness = plaintiff may have a risk of harm but the harm hasn’t occurred yet

-mootness = harm has already occurred

-political question bar = court cannot dispute a political question (only legal questions)

-potential power of congress to limit judicial review

-federal courts can only interpret laws through the resolution of actual legal dispute or the resolution of case or controversies (cannot answer a critical question by herself)

II. Overview of the federal courts

-3 sorts of courts.

Article III courts

-supreme court + lower federal courts

-all federal judges are appointed by US président with advise and consent of the congress -> life or fix term -> can only be revoked by convictions or impeachment (article III section 1 = judicial independence)

-3 levels of Article III courts :

-US district courts -> they are trial courts of the federal judiciary (can hear civil+criminal) -> first instance -> jury = judges facts / judge = judges law -> jury composed of 12 random men and women (known as the “grand jury” in criminal cases)

-Federal courts of appeal -> 13 judicial federal courts of appeal (11 based on geography, 1 in DC, and 1 is federal courts of appeal for the federal circuit

-U.S. Supreme courts -> final word on the constitution -> appointed by president and senate = confirmation hearings

-original jurisdiction = first hearing

-appellate jurisdiction = appeals against jurisdiction -> can arrive on direct appeal or through a writ of certiorari -> since 1928, court reserves the right to refuse a writ in appeal (90% of the time)

- 2 conditions for appeal : no other legal options + issue must involve a federal question of substance

Article I courts

-used only for reasons enumerated at article I of the Constitution (bankruptcy,finance and banking, organizing the military, or intellectual property)

-magistrate courts

-bankruptcy courts

-US court of appeals for the armed forces

-US tax courts

-US court of appeals for veteran claims

Special courts

-US court of federal claims

-US court of international trade

III. Judicial Review

-Judicial review doctrine = courts have the power to decide if an action of law is in conformity with the constitution -> has the power to invalidate law or action that isn’t constitutional

Judicial review of federal action

-Americans were afraid of any government abuse of power so every law had to respect the Constitution -> judicial branch has the power to decide

-can also make a decision if 2 laws are in conflict

-Judges take oath = impossible to violate constitution

Exercise of the power of judicial review

-before 1953 = barely used (only ruled against 2 acts of congress)

-after 1953 = more than 100 acts of congress ruled unconstitutional -> the whole idea of separation of powers, federalism, and relations between govt and population relies on it

Chapter 2

The State Court System

Jurisdiction of the state courts

Subject matter jurisdiction

-Judiciary Act 1789 -> provided the federal system of courts (Art III of US Constitution)

-All 50 states had to obey federal law-> all domains who didn’t fall under federal prerogatives were free to be decided by each state

-USA = created legal codes ->for big crimes like rape, murder or drunk driving = considerably the same in each state, but for drugs, or law of tort, they have delegated jurisdiction (county courts, district courts, or municipal courts)

-federal courts have limited jurisdiction : diversity cases and federal questions

-concurrency of the federal court and state courts in regards to citizenship cases and some federal cases (<$75000) -> plaintiffs decide which court

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