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Federal Courts

court, united, circuit, district, supreme and citizens

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FEDERAL COURTS. ( a 1 Sec. I of Art. III. of the Federal Constitution declares that "the judicial power of the United States shall he vested in one Supreme Court. and in such in ferior courts as Congress may from time to time establish." By the second section of the same article, as modified by the Eleventh Amend ment to the Constitution, the judicial power of these courts is extended to all cases in law and equity arising under the Federal Constitution, laws, and treaties: to all cases affecting foreign amhassadors, ministers, or consuls; to all ad miralty and maritime cases; to controversies to which the United States shall be a party: to controversies between two or more States, be tween citizens of different. States, between citi zens of the same State claiming lands under grants of different States, between a State or the citizens thereof and foreign States, citizens. or subjects: and to suits by a State against a citi zen of another State.

(b) Under the power conferred upon it to es tablish judicial tribunals inferior to the Supreme Court, Congress has established a Court of Claims, district courts. circuit courts, and cir cuit courts of appeal. Besides these, it has pro vided for various courts in the Territories. The latter are not, however, United States courts under article three of the Constitution, but arc rather Congressional courts. They are called into being as an' incident to the Congressional authority to make all needful rules and regula tions respecting the territory of the United States. Their judges are not entitled to hold office during good behavior. but may he appoint ed for a term of years, and may be subject to suspension or removal from office by the Presi dent.

(c) The Court of Claims was established in 1955 to bear and determine certain classes of claims against the United States. thus permit ting citizens in many cases to sue the Govern ment. See CLAIMS, COURT OF.

(d) By the act of 1789 the States were divid ed into thirteen districts, which have increased to sixty-nine (1902), each district having a judge, a clerk, a marshal, and an attorney ap pointed by the Federal Government. The dis

trict courts have an extensive jurisdiction, em bracing jurisdiction on e• admiralty (q.v.) and maritime causes; suits arising under the revenue laws, the civil-rights statutes, and various other legislation; prosecutions for crimes against the United States or for the recovery of penalties under Federal laws: proceedings in bankruptcy, and many other subjects of litigation. See DIS TRICT COURT.

(e) Next above the district courts are the circuit courts, originally six, now nine, in num ber, exercising both an original and appellate jurisdiction. They have original jurisdiction over many subjects concurrently with the State courts or the district courts. For example, many criminal prosecutions may be instituted either in the district court or the circuit court : and many civil actions, both of a common-law and of an equitable nature, may be brought in a State court or in a United States Circuit Court at the option of the plaintiff. In some civil suits. the amount involved, exclusive of interest and costs, must exceed 92000, in order that suit may be instituted in a circuit court. Most cases brought in one of these courts are contro versies in which the United States or a State is the complainant, or are between citizens of dif ferent States, or involve rights secured by the Federal Constitution, or by Federal statutes or treaties. Originally these courts were held by members of the United States Supreme Court and by district judges, the Chief Justice and each of the associate justices of the Supreme Court spending a part of each year in the con duct of a circuit court. Later, circuit judges were provided for, the number being twenty five at present (1902) ; and circuit courts may be held by a Supreme Court justice. or a circuit court judge. or a district judge, or by any two of these. The process of these courts runs to any part of the United States, so that a warrant of court issued by the circuit court in Florida may be served by a United States marshal in Alaska.

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