The U. S. Court System

THE U. S. COURT SYSTEM

The Supreme Court sits at the apex of the judiciary of the U. S. court system. It exercises appellate jurisdiction with the authority of one court to review proceedings of another court or an administrative agency. Sometimes the Supreme Court operates as a court of original jurisdiction by cases that come to it by appeal, instead of being initiated in Supreme Court.

The Judiciary Act of 1789 allowed Congress to create inferior courts: three circuit court of appeals, thirteen district courts, each having one district judge and two Supreme Court justices. There are eleven geographical circuits each with a court of appeals. There are two additional court of appeals: the District of Columbia and one for a federal court. These include appeals courts, district courts, specialty courts, and administrative tribunal courts. There are several types of jurisdiction the federal court has. Diversity jurisdiction gives the federal court jurisdiction that arises from the diversity of citizenship when jurisdictional amount is set.

Federal Jurisdiction (Federal Question Jurisdiction) is based on the judicial power that grants Article III of the Constitution by federal statutes. Courts of limited jurisdiction are limited to civil cases of certain types, such as limited amount of money, jurisdiction in criminal cases, confined petty offenses, and preliminary hearings. These types of courts are also called courts of special jurisdiction.

The court of general jurisdiction, or trial court, has jurisdiction for trying all types of classes of civil and criminal cases except those heard only by a court of limited jurisdiction. An advisory opinion is jurisdictional interpretation of legal question that is requested by the legislative and executive and executive branch of governments. The courts don't prefer to give advisory opinions and the federal courts are sometimes prohibited from rendering advisory opinions. In diversity of citizenship, it invokes original jurisdiction of the federal court on the basis of jurisdiction by being in existence of controversy between citizens of different states. In pendent jurisdiction, the federal court has a right to exercise jurisdiction over state matters if it arises out of the same transaction if it already exists in federal court, even if there is no diversity of citizenship. It can either be a removal of case, where it can be transferred from proceedings, a new trial, or a new entry of judgment with the order of an appellate court.

The Supreme Cout has original jurisdiction according to Article III, Section 2 which means that cases affect Ambassadors, other Public MInisters and Consuls, and also those which the States shall be a Party. Statute 28 U. S. C. - 1251 says that the Supreme Couret is required to hear cases between two or more states.

The Supreme Court also has appellate jurisdiction, according to Article III, Section 2, Clause 2 where it provides that all cases which the Supreme Court doesn't have original jurisdiction but has federal jurisdiction power, the Supreme Court has appellate jurisdiction and is subject to the "regulations" and "exceptions" by Congress. It is usually reviewed by the Rule of Four, an internal rule of the Supreme Court, where cases can be reviewed by the court if four justices wish the case to be reviewed.

Article III courts are also inferior courts that are established by Congress. These courts ensure its justices lifetime tenure and no reduction in pay. They are selected and nominated by the president and confirmed by the Senate. There are also Article I and Article II courts that are non-constitutional that Congress may establish in order to relieve the burden of Article III court justices. They are not guaranteed lifetime tenure and their pay may and can be reduced while in office. They are not selected by nomination or confirmation process. These types of courts include the U. S. Bankruptcy courts, U. S. Magistrate judges, military courts, territory courts, Claims court, Tax court, and some District of Columbia courts.

Article I judges are not delegated to perform the essential judicial functions. They may not render final decisions in cases nor preside over critical stages of proceedings.

REFERENCE Hall, Daniel E. and Feldmeier, John P. Constitutional Law: Government Powers and Individual Freedoms. Pearson Education Group, 2nd Ed., Pp. 70-102.