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Fed. Judiciary Outline
Fed. Judiciary Outline
22 Caitlin Peters
CIVIL
1.) “Diversity Jurisdiction” allows plaintiff of one state to file a lawsuit in federal court
when the defendant is in a different state. The defendant can also seek to “remove”
from state court for the same reason, “amount in controversy” must be more than
$75,000.
CRIMINAL
1.) US Attorneys are the prosecutors of District Courts
2.) May not be brought into “diversity jurisdiction” courts.
2
FEDERAL LEGISTATIVE COURT
- Judges are not given constitutional protections. They have fixed terms and they can
have their pay reduced.
-Have the power of Judicial review.
Claims Court
-Uses trial juries and settles claims against the US Government.
- Congress must appropriate the money for settlement if a plaintiff wins. The Court
of Claims has 16 judges who serve 15-year terms.
Tax Courts
- Determines civil cases brought by citizens against the Internal Revenue Service
(IRS). They do not hear criminal or tax fraud cases. The federal tax court has 19 judges
who serve 12-year terms. One of these judges serves as the chief judge of this court.
Territorial Courts
- Act as district courts for U.S. overseas territories, including the Virgin Islands,
Guam, and North Mariana Islands.
3
After examining the differences between the Virginia Judicial and the Federal
Judiciary structures. I have concluded they are meant to resemble each other. Although,
Federal Judiciaries have a stricter rule governing the cases they can choose to hear.
Whereas Virginia must see all cases that the Prosecutor (aka District Attorney) brings forth.
Federal cases in Federal District Court are the responsibility of the Attorney General for that
state. In Virginia District Court a Prosecutor is responsible for their district. Virginia
Judiciary has an overlapping Jurisdiction in certain cases. Federal Courts do not have
jurisdiction where states have original jurisdiction. Although, cases that are in more than
one state are up to the plaintiff to decide.
In observation the main differences between Federal Court and Virginia Courts. It
seems that Virginia Courts have more control over cases. Federal Courts can’t get involved
until a Virginia Court acts in a manner that is in violation of the Constitution and the
Constitutional rights of the individuals with cases in their Courts. Virginia Courts are more
generalized, than Federal Courts are specific. Virginia Courts do not have judicial review
control and the Federal Courts are in power of those reviews.
It is most interesting and ultimately a discouragement for everyday citizens who are
enduring discrimination. Following the “chain of command” process is tedious and takes
many years to see any relief. The biggest downfall with this divide from State Courts to
Federal Courts, as I have experienced, is the overall conflict of interest that arises within the
State Courts. Since Judges are expected to conduct themselves outside of the public eye.
They tend to conduct their personal time with others like them. Making justice for everyday
people hard, especially, when all the judges spend their personal time with each other.
Getting true justice wouldn’t be such a hard task if ethics were not dying.
“Therefore you have no excuse, O man, every one of you who judges. For in passing judgment
on another you condemn yourself, because you, the judge, practice the very same things.”
Leviticus 19:13 KJV