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The Question & Answer (Q&A) Knowledge Managenet
The Internet has many places to ask questions about anything imaginable and find past answers on almost everything.
What are the qualifications for becoming a federal judge? The Constitution sets forth no specific requirements. However, members of Congress, who typically recommend potential nominees, and the Department of Justice, which reviews nominees’ qualifications, have developed their own informal criteria.
Article III of the Constitution governs the appointment, tenure, and payment of Supreme Court justices, and federal circuit and district judges. These judges, often referred to as “Article III judges,” are nominated by the president and confirmed by the U.S. Senate.
Federal courts have the power of judicial review, the authority to interpret the constitution. They thus shape public policy by declaring some laws unconstitutional. The Supreme court can also overrule itself.
The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.
More specifically, federal courts hear criminal, civil, and bankruptcy cases. And once a case is decided, it can often be appealed.
Federal courts may hear cases concerning state laws if the issue is whether the state law violates the federal Constitution. A person can go to federal or state court to bring a case under the federal law or both the federal and state laws. A state-law-only case can be brought only in state court.
In United States law, federal question jurisdiction, 28 USC 1331, is the subject-matter jurisdiction of United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party.
For example, suppose that a tenant sued a landlord in federal court alleging she was discriminated against in violation of the Fair Housing Act. As stated above, that lawsuit would come under the “federal question” jurisdiction.
Mottley, 211 U.S. 149 (1908), was a United States Supreme Court decision that held that under the existing statutory scheme, federal question jurisdiction could not be predicated on a plaintiff’s anticipation that the defendant would raise a federal statute as a defense.
Typically, in order to have federal question jurisdiction, the plaintiff’s complaint must be a well-pleaded one. This means that the plaintiff’s initial complaint must contain the references to the federal question and the federal issue evoked.
There are four main types of jurisdiction (arranged from greatest Air Force authority to least): (1) exclusive federal jurisdiction; (2) concurrent federal jurisdic- tion; (3) partial federal jurisdiction; and (4) proprietary jurisdiction. Depending on your installation, more than one type of jurisdiction may apply.
Court Cases Federal courts have jurisdiction over cases involving: the United States government, the Constitution or federal laws, or. controversies between states or between the U.S. government and foreign governments.