Jurisdiction

Federal Court Jurisdiction

The constitutional courts hear most of the cases tried in the federal courts. That is, those courts have jurisdiction over most federal cases. Jurisdiction is defined as the authority of a court to hear (to try and to decide) a case. The term means, literally, the power “to say the law.”

The Constitution gives the federal courts jurisdiction over certain cases. Article III, Section 2 provides that the federal courts may hear a case because of either (1) the subject matter or (2) the parties involved. The details of this matter are set out in the table above. See, too, the 11th Amendment in this legal Encyclopedia.

The criteria for deciding what are federal cases may seem quite complicated, and they are. But the matter is also a reflection of federalism and, so, of the dual system of courts in this country. Stating the whole point of federal court jurisdiction in another way: All cases that are not heard by the federal courts are within the jurisdiction of the States’ courts. For further information in this platform on federal jurisdiction, click here.

Types of Jurisdiction

The federal courts have several different types of jurisdiction, depending on whether or not:

• they share the power to hear the case with State courts, and
• they are the first court to hear the case.

Exclusive and Concurrent Jurisdiction

In some cases, the federal courts have exclusive jurisdiction. That is, those cases can be heard only in the federal courts. For example, a case involving an ambassador or some other official of a foreign government cannot be heard in a State court; it must be tried in a federal court. The trial of a person charged with a federal crime, or a suit involving the infringement of a patent or a copyright, or a case involving any other matter arising out of an act of Congress also falls within the exclusive jurisdiction of the federal courts.

Many cases may be tried in either a federal court or a State court, however. Then the federal and State courts have concurrent jurisdiction; they share the power to hear those cases. Disputes involving citizens of different States are fairly common examples of this type of case. Such cases are known in the law as cases in diverse citizenship. The major reason that cases of diverse citizenship may be heard in federal courts is to provide a neutral forum to settle the disputes involved. That reason reflects an early fear that State courts (and their juries) might be prejudiced against “foreigners,” residents of other States. There seems little likelihood of such bias today.

Congress has provided that the federal district courts may hear cases of diverse citizenship only if the amount of money involved in a case is more than $75,000. In such cases the plaintiff –the person who files suit–may bring the case in the proper State or federal court, as he or she chooses. If the case is brought before the State court, the defendant –the person whom the complaint is against–can have the trial moved, under certain circumstances, to the federal district court.

Original and Appellate Jurisdiction

A court in which a case is first heard is said to have original jurisdiction over that case. A court that hears a case on appeal from a lower court has appellate jurisdiction over that case. The higher court–the appellate court–may uphold, overrule, or in some way modify the decision appealed from the lower court. (Appellate comes from the Latin word appellare, meaning “to speak to, to call upon, to appeal to”).

In the federal court system, the district courts have only original jurisdiction, and the courts of appeals have only appellate jurisdiction. The Supreme Court exercises both original and appellate jurisdiction. For further information in this platform on appellate jurisdiction, click here. For further information in this platform on original jurisdiction, click here.

Appointment of Judges

The manner in which federal judges are chosen, the terms for which they serve, and even the salaries they are paid are vital parts of the Constitution’s design of an independent judicial branch. The Constitution declares that the President ” shall nominate, and by and with the Advice and Consent of the Senate, shall appoint… Judges of the supreme Court… ” (Article II, Section II, Clause 2)

Types of Court Jurisdiction

Date of creation of Courts:

• Supreme Court : created in 1789
• District Court : created in 1789
• Court of Appeals : created in 1891
• Trade Court : created in 1926
• Court of Appeals for the Armed Forces : created in 1950
• Tax Court : created in 1969
• Court of Appeals for the Federal Circuit : created in 1982
• Court of Federal Claims : created in 1982
• Court of Appeals for Veterans Claims : created in 1988