Structure of Judicial System
2 judicial systems (federal and state)
o Federal Court
§ Court of specific jurisdiction
· Doesn’t have jurisdiction unless there is a specific judicial provision to hear the case
· Fed court can refuse to hear cases even if there is a federal question
o Federal question jurisdiction – question of federal law
§ Supplemental jurisdiction: can answer questions of state law if there is also a federal question
o Diversity jurisdiction – parties aren’t from the same state
§ historical justification
· worried about judges favoring litigants from their home state
o State court
§ Court of general jurisdiction
· Default in state system is that state court has jurisdiction unless there is a specific legal reason
§ 99% of civil litigation is in state court
§ Federal judiciary is bigger than any individual state judiciary
§ Ex. Michigan
· 7 Superior Court judges
· 28 appellate court judges (1 court of appeals and 3 divisions)
· Several dozen trial court judges
Hierarchy of Courts
o Supreme Court
§ Federal
· 9 justices
o Final decision on judicial questions
o Appeals Court
§ Federal
· 13 courts of appeals
o 11 geographically (incl. Washington DC)
§ DC circuit (appeals coming out of government agencies)
§ Special circuit (also in DC) for specific topics: intellectual property, tax, etc.
§ Roughly 12 judges/circuit = approx. 150 judges total
· Circuits aren’t bound by each other’s decisions
o Trial Court
§ Federal
· 94 (5 in US territories)
· States divided by population into districts
o Judges appointed for life by President and confirmed by Senate
§ Roughly 10 judges/district = approx. 900 total
§ After certain age or tenure, judge takes senior status
· Has decreased case load and less clerks
o Specialty Courts: tax, bankruptcy, probate, family
§
ges are administrative law judges (used to be hearing examiners)
o Decide cases such as social security
o Decisions are reviewable by the federal trial court
§ à trial courts can act as courts of appeal
o Military
§ Has its own separate judicial structure
o Judicial Conference of the US
§ Created and funded by Congress
§ Composed of all trial court judges
§ Prestigious body with substantive committees
· Gives recommendations on the # of judges or changes on federal rules
o “create” the federal rules of civil procedure
o Clerks
§ Clerk of the court
· Officer of the court
· Career bureaucrat
· Communication of the court to the outside world
o Ex. Pleadings are mailed to court of the clerk
§ Law clerk
