1 00:00:04,780 --> 00:00:09,700 Hello, I am Suhasini Vincent, Associate Professor of Legal English 2 00:00:09,900 --> 00:00:13,700 at the University of Paris 2, Panthéon Assas, and in this week's course, 3 00:00:13,900 --> 00:00:16,980 we shall have a look at Article 3 of the U.S. 4 00:00:17,480 --> 00:00:21,540 Constitution and look at the federal court system and the federal judiciary. 5 00:00:24,740 --> 00:00:29,280 The federal judiciary is defined and explained in Article 3 of the U.S. 6 00:00:29,480 --> 00:00:30,240 Constitution. 7 00:00:30,660 --> 00:00:36,700 The Declaration of Independence by the 13 colonies on 4 July 1776 8 00:00:36,900 --> 00:00:41,920 led to the drafting of the Constitution and its ratification on June 21, 9 00:00:42,380 --> 00:00:43,300 1788. 10 00:00:44,120 --> 00:00:49,140 The 13 states began to draft their own state constitutions and made 11 00:00:49,340 --> 00:00:53,720 provisions to maintain, reorganize, and expand their existing 12 00:00:53,920 --> 00:00:57,580 court systems that had functioned until then under the supervision 13 00:00:57,780 --> 00:01:00,560 of governors appointed by the British government. 14 00:01:01,400 --> 00:01:02,640 Article 3 of the U.S. 15 00:01:03,060 --> 00:01:07,900 Constitution thus established the judicial branch of the USA and 16 00:01:08,100 --> 00:01:11,820 gave judges the legal fabric to interpret and apply the laws of 17 00:01:12,020 --> 00:01:16,580 the newly founded nation and resolve legal disputes between parties 18 00:01:16,780 --> 00:01:17,700 from different states. 19 00:01:18,340 --> 00:01:23,040 States intended to resolve their conflicts, either criminal or civil, 20 00:01:23,700 --> 00:01:27,960 with their customary recognition of the matters at hand and their 21 00:01:28,160 --> 00:01:33,060 customary understanding of consequences, including sentencing. 22 00:01:34,020 --> 00:01:39,100 Section 1 of Article 3 clearly states that the power to interpret 23 00:01:39,300 --> 00:01:40,680 the law of the U.S. 24 00:01:40,940 --> 00:01:42,220 will be held by the U.S. 25 00:01:42,420 --> 00:01:45,100 Supreme Court and the lower federal courts. 26 00:01:45,640 --> 00:01:50,080 Relevant to this and relevant to understanding of the articles and 27 00:01:50,280 --> 00:01:54,140 later of the amendments, it was intended to support each other. 28 00:01:55,520 --> 00:01:59,120 Congress was given the power to create inferior courts from time 29 00:01:59,320 --> 00:02:04,340 to time, when and where necessary, in order to bind states with an 30 00:02:04,540 --> 00:02:08,940 adequate cohesion so as to have enforceable federal legislation. 31 00:02:10,060 --> 00:02:14,220 Article 3 also protects the independence of federal judges, 32 00:02:14,880 --> 00:02:19,220 but it stipulates that they may remain in office during good behavior. 33 00:02:19,900 --> 00:02:23,760 Once appointed, their salaries cannot be diminished or decreased. 34 00:02:24,420 --> 00:02:28,020 This protects the judges from being manipulated through their salary. 35 00:02:29,400 --> 00:02:33,740 Initially, the federal court system worked mostly at two main levels, 36 00:02:34,240 --> 00:02:37,600 but trials in the lower federal courts and appeals being heard 37 00:02:37,800 --> 00:02:38,740 by the Scottish. 38 00:02:39,560 --> 00:02:44,200 However, territorial expansion, population growth, and an increasing 39 00:02:44,400 --> 00:02:49,100 body of federal legislation made it necessary for Congress to set 40 00:02:49,300 --> 00:02:54,380 up more courts and in 1891, create an intermediate level for 41 00:02:54,580 --> 00:02:56,360 appeals so that the U.S. 42 00:02:56,560 --> 00:03:01,580 SC, as a United States court of last resort, put here only the 43 00:03:01,780 --> 00:03:03,120 most important cases. 44 00:03:04,700 --> 00:03:05,460 U.S. 45 00:03:05,660 --> 00:03:08,440 constitutional questions for final review and decision. 46 00:03:09,460 --> 00:03:13,280 Today, the main configurations of the federal court system are 47 00:03:13,480 --> 00:03:16,180 often referred to as Article 3 courts. 48 00:03:16,880 --> 00:03:22,100 As Article 3 gives Congress the power to create such inferior courts 49 00:03:22,300 --> 00:03:25,940 as it may from time to time, ordained and established under 50 00:03:26,140 --> 00:03:27,060 one supreme court. 51 00:03:27,840 --> 00:03:32,660 Under this article, Congress has created the 94 district courts 52 00:03:32,860 --> 00:03:37,720 and 13 circuit courts of appeal, which are collectively referenced 53 00:03:37,920 --> 00:03:40,620 as Article 3 courts together with the U.S. 54 00:03:40,820 --> 00:03:41,580 SC. 55 00:03:41,780 --> 00:03:43,580 They are described as the U.S. 56 00:03:43,780 --> 00:03:45,280 district courts, the U.S. 57 00:03:45,480 --> 00:03:47,460 circuit courts of appeal, and the U.S. 58 00:03:47,660 --> 00:03:48,420 supreme court. 59 00:03:48,880 --> 00:03:51,340 They are courts of limited jurisdiction. 60 00:03:52,580 --> 00:03:57,740 There are 94 federal trial courts that hear the vast majority of 61 00:03:57,940 --> 00:03:58,700 federal cases. 62 00:03:59,140 --> 00:04:03,740 These are first instance courts and may also be referenced as the 63 00:04:03,940 --> 00:04:05,720 federal courts of original jurisdiction. 64 00:04:06,300 --> 00:04:11,020 In addition to civil cases, including federal or diversity issues, 65 00:04:11,600 --> 00:04:16,140 these courts may hear criminal cases in which defendants are accused 66 00:04:16,340 --> 00:04:19,240 of violating federal criminal laws. 67 00:04:20,620 --> 00:04:25,460 Keep in mind the continued value states put on their own legal 68 00:04:25,660 --> 00:04:26,460 management systems. 69 00:04:26,760 --> 00:04:31,840 It's quite interesting to note that states often bring state criminal 70 00:04:32,040 --> 00:04:36,420 prosecutions within their own state courts, helping to explain why 71 00:04:36,620 --> 00:04:40,840 the maximum criminal sentences vary between different states, 72 00:04:41,440 --> 00:04:44,100 pursuant to Article 3, Section 2. 73 00:04:44,920 --> 00:04:50,940 And 3, a fair trial is guaranteed by a trial by jury for all federal 74 00:04:51,140 --> 00:04:51,900 crimes. 75 00:04:52,360 --> 00:04:56,760 Amendments such as 6, 7, and 8 are examples which clarify 76 00:04:56,960 --> 00:04:57,720 U.S. 77 00:04:57,920 --> 00:05:01,620 constitutional protections, such as the right to a trial by 78 00:05:01,820 --> 00:05:05,200 jury in civil suits when brought before federal courts. 79 00:05:06,680 --> 00:05:11,700 All litigants may agree to be tried by a single judge, although often 80 00:05:11,900 --> 00:05:15,580 district courts hold trials with more than one judge sitting to 81 00:05:15,780 --> 00:05:16,580 hear the case. 82 00:05:24,380 --> 00:05:28,660 These courts of appeal refer to the different geographical areas 83 00:05:28,860 --> 00:05:35,780 called the clusters of entire states 84 00:05:35,980 --> 00:05:37,860 along with portions of other states. 85 00:05:38,960 --> 00:05:42,760 Eleven of these thirteen are numerically called circuit courts. 86 00:05:43,400 --> 00:05:46,100 For instance, first circuit court, second circuit court, 87 00:05:46,680 --> 00:05:47,960 one is called the D.C. 88 00:05:48,160 --> 00:05:50,760 circuit court, and one the federal circuit court. 89 00:05:51,680 --> 00:05:55,560 Appeals from all the 94 district courts within these thirteen circuit 90 00:05:55,760 --> 00:05:57,500 courts are heard at this level. 91 00:05:58,060 --> 00:06:02,460 Such appeals are possible when an appellant claims there has been 92 00:06:02,660 --> 00:06:06,220 an error of law while the case was heard in a lower court. 93 00:06:07,340 --> 00:06:12,060 The circuit court of appeals judges usually sit in panels of three 94 00:06:12,260 --> 00:06:15,340 to read or hear the arguments of both sides. 95 00:06:15,940 --> 00:06:21,340 Their findings of facts are rarely contested unless new evidence is 96 00:06:21,540 --> 00:06:24,300 discovered or the law remains in question with the U.S. 97 00:06:24,820 --> 00:06:25,580 Constitution. 98 00:06:26,000 --> 00:06:30,560 If a criminal defendant is found not guilty at trial, 99 00:06:30,760 --> 00:06:34,320 no appeal can be made against his or her acquittal. 100 00:06:35,760 --> 00:06:39,240 Witnesses are not called to give evidence and circuit court rulings 101 00:06:39,440 --> 00:06:42,120 are mostly final as access to the U.S. 102 00:06:42,360 --> 00:06:44,280 Supreme Court is very difficult to obtain. 103 00:06:45,220 --> 00:06:47,800 Next week we will study the U.S. 104 00:06:48,000 --> 00:06:52,580 SC, the limits of federal jurisdiction and the reach of federal courts. 105 00:06:53,000 --> 00:06:53,760 Thank you.