The point of origin for most cases in the federal system would be?
c. federal courts the Supreme Court ruled that the federal courts have the duty to review the constitutionality of acts of Congress and to declare them void when they are contrary to the Constitution. Marbury was the first Supreme Court case to strike down an act of Congress as unconstitutional. Since that time, the federal courts have exercised the power of judicial review
Hierarchy of the federal court system?
The 94 judicial districts are organized into 12 regional circuits, each of which has a United States court of appeals. A court of appeals hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies. In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws and cases decided by the Court of International Trade and the Court of Federal Claims.
What is the role of the supreme court in the federal system?
It's purpose was to arbitrate legal disputes involving the federal government under its (the federal government's) limits as described in the Constitution, and disputes between: states, citizens of one state against another state or any or all of the citizens of that other state, and foreign countries or their citizens against US states or their citizens. The federal government was constructed roughly under what the Federalist Party bankers and merchants wanted for protecting and facilitating their businesses and interstate commerce. Anti-Federalist farmers and tradesmen modified and limited that arrangement to protect themselves and their smaller businesses against the domination of large scale national and international commercial interests. The Supreme Court was never intended to have authority over the Constitution as it has usurped since. The Anti-Federalist farmers and tradesmen saw within the Constitution, and the new federal government it formed, the ability to dominate states and citizens. To help further guard against that the anti-Federalists demanded the Bill of Rights they authored be appended. The anti-Federalists had permitted the Federalists to facilitate "well-regulated [fully trained and equipped] select corps of the young and ardent" formal state militia units for protecting their businesses against rebellions, like Shays was against Massachusetts banks. They allow that only after Federalist leader Alexander Hamilton convinced them those could be used to fight against federal government abuse of authority. The anti-Federalists feared those young and too easily indoctrinated units (now called National Guard) could be deployed to dominate states and citizens. The Second Amendment of their Bill of Rights dedicates that militia to defending its states against federal domination, including if not particularly the Supreme Court selling out states and citizens to the politicians holding that court's paychecks. As protection against, or assistance to the new formal militia, all citizens' right particularly to military weapons was guaranteed. We citizens, with military weapons when necessary, are the final check and balance in our system of government. We, not the Supreme Court, are the final arbiters.
What are the five kinds of cases heard by the federal courts?
Crimes under statutes enacted by Congress. Most cases involving federal laws and regulations. Matters involving interstate and International commerce. Securities and Commodities International Trade laws. Patent & Copyright disputes. Disputes between the states. Now...shouldn't you be doing your own homework?
The Constitution (Article III) allows Congress to grant the federal courts jurisdiction over eight types of cases:cases arising under the federal Constitution, federal law, or treaties (federal question jurisdiction);cases affecting ambassadors and other ministers from foreign states;admiralty and maritime cases (admiralty jurisdiction);cases in which the United States itself is a party;cases between two or more states;cases between citizens of different states (diversity jurisdiction);cases between citizens of the same state, who claim land under grants from different states; andcases between a state or its citizens and a foreign state or its citizens (alienage jurisdiction).Before the Eleventh Amendment, there was a ninth type: cases between a state and citizens of a different state.Congress has enacted statutes to grant federal courts power over subsets of most of these types of cases.
In civil cases, there are two routes to federal court.Diversity: If all of the plaintiffs are from different states than all of the defendants, and the amount at issue exceeds $75,000, then the plaintiff can bring the case to federal court. If the plaintiff nevertheless brings the case in state court, all of the defendants can join together to “remove” the case to federal court if they do it quickly enough (think 30 days, though it can be more complicated than that) and none of the defendants are from the state in which the litigation was brought.Federal Question: In federal-question jurisdiction exists where the plaintiff has alleged a violation of the United States Constitution, a federal law, or a treaty to which the United States is a party. Unlike diversity jurisdiction, there is no “amount in controversy requirement.” To meet the requirement of a case "arising under" federal law, the federal question must appear on the face of the plaintiff's complaint. There has been considerable dispute over what constitutes a "federal question" in these circumstances, but it is now settled law that the plaintiff cannot seek the jurisdiction of a federal court merely because it anticipates that the defendant is going to raise a defense based on the Constitution, or on a federal statute. This is the "well-pleaded complaint" rule.I would only be guessing what criminal cases go to federal court.
Questions regarding courts & its system?
1) Because only the United States District Court (USDC) can hear cases involving federal law question and it is the lowest court in the federal system. State courts do not have original jurisdiction to hear cases arising out of a dispute of federal law. 2) Supreme court opinion is important because our common law judicial system follows the concept of "precedent" meaning lower court must obey the ruling of the higher court. For example, US Supreme Court ruling is binding on every other court except themselves. A 9th Circuit Court of Appeals opinion is binding on all USDC located within the 9th Circuit geographically. 3) Special courts such as tax court and bankruptcy court have narrow jurisdiction precisely because that is the only type of law they can hear. A tax court cannot hear a case on immigration such as asylum case. 4) It depends. If the person is asking for a refund on taxes that they have paid, they go to USDC. If the IRS tries to collect on a tax deficiency, the taxpayer will have to answer in the United States Tax Court.
What determines whether a case is tried in state or federal court?
1) By default, most offenses will START in state court. There are a few exceptions that are specifically federal crimes or offenses, and those start in federal court because they CANNOT be heard in state court. Most controversies, however, can theoretically be heard in both courts. Let's assume this is a typical offense, like battery, or theft, or malpractice. There are a series of conditions that will get the offense to federal court. 1) Practically, one of the sides WANTS the case in federal court. This could be to avoid prejudicial jurors in a local area, or other reasons. 2) They can meet the legal conditions for removal to federal court, which are that other jurisdictions (e.g. party to suit is from another state, or the accident happened there) involved in the controversy, which could properly hear the case, and in some circumstances that the amount of money being sought is high enough (e.g. $75,000).