Inferior courts

On October 30, 1995, Texaco and a group of 83 publishers announced that they had agreed on terms to settle their dispute over corporate photocopying of articles. In 1994, the Second Circuit Court of Appeals held that the photocopying of copyrighted articles by a Texaco employee was not a fair use. On April 28, 1995, Texaco had filed a petition for certiorari (a writ of a superior court to call up the records of an inferior court) with the Supreme Court, but later, in May 1995, Texaco and a steering committee of... 

The remaining two claims of disparate-treatment and disparate-impact gender discrimination—based on the allegedly inferior restroom and locker facilities for women—were tried to a jury, which found in favor of JMl on both claims. Specs now appeals the district court s grant of summary judgment in favor of JMl on her claims of pregnancy discrimination and disability discrimination. 

The Judiciary powers shall be exercised by county courts and such other inferior courts as the legislature shall think proper to continue or to erect, by three superior courts, to wit, a Court of Admiralty, a general Court of Common Law, and a High Court of Chancery and by one Supreme Court, to be called the Court of Appeals. 

The justices or judges of the inferior courts already erected, or hereafter to be erected, shall be appointed by the governor, on advice of the council of State, and shall hold their offices during... 

The justices or judges of the inferior courts may be members of the legislature. 

The judgment of no inferior court shall be final, in any civil case, of greater value than fifty bushels of wheat, as last rated in the general court for setting the allowance to the members of the general assembly, nor in any case of treason, felony, or other crime which should subject the party to infamous punishment. 

Inferior courts are limited in their powers to local jurisdiction, in the seriousness of the cases tried, in the sanctions they may order, and, in England, in the ability to punish for contempt. 

In England the superior courts are the House of Lords, the Judicial Committee of the Privy Council, and the Supreme Court of Judicature. Magistrates and county courts are inferior courts. 

Decisions of the superior courts which are not binding are persuasive judicial decisions of other common law countries (see below 1.14, para. 2) are also persuasive. The judgements of inferior courts are mostly on questions of fact and are not strict precedents. 

Proceedings in the inferior courts are similar to those in the High Court and Court of Session, but quicker, cheaper and more under the direction of the court administrators. 

The President is to nominate and by and with the advice and consent of the Senate to appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other officers of the United States, whose appointments are not otherwise provided for in the Constitution. But the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, or in the Courts of law, or in the heads of departments. The President shall have power to fill up all vacancies which may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. ... 

The judicial power of the United States is (by the plan of the convention) to be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish. "... 

Having now examined, and I trust removed the objections to the distinct and independent organization of the supreme court, I proceed to consider the propriety of the power of constituting inferior courts, and the relations which will subsist between these and the former. 

The power of constituting inferior courts is evidently calculated to obviate the necessity of having recourse to the supreme court, in every case of federal cognizance. It is intended to enable the national government to institute or authorise in each state or district of the United States, a tribunal competent to the determination of matters of national jurisdiction within its limits. 

This power has been absurdly represented as intended to abolish all the county courts in the several states, which are conunonly called inferior courts. But the expressions of the constitution aretoconstitute tribunals INFERIOR to the supreme court, and the evident design of the provision is to enable the institution of local courts subordinate to the supreme, either in states or larger districts. It is ridiculous to imagine that county courts were in contemplation. [Compare Brutus xi (504-06), xii (507-10), xv (528-29).]... 

I am not sure but that it will be found highly expedient and useful to divide the United States into four or five, or half a dozen districts and to institute a federal court in each district, in lieu of one in every state. The judges of these courts, with the aid of the state judges, may hold circuits for the trial of causes in the several parts of the resp>ective districts. Justice through them may be administered with ease and dispatch and appeals may be safely circumscribed within a very narrow compass. This plan appears to me at present the most eligible of any that could be adopted, and in order to it, it is necessary that the power of constituting inferior courts should exist in the full extent in which it is to be found in the proposed constitution. 

Let us resume the train of our observations we have seen that the original jurisdiction of the supreme court would be confined to two classes of causes, and those of a nature rarely to occur. In all other causes of federal cognizance, the original jurisdiction would appertain to the inferior tribunals, and the supreme court would have nothing more than an appellate jurisdiction, with such exceptions, and under such regulations as the congress shall make. ... 

The judicial power of the United States is to be vested in a supreme court, and in such inferior courts as Congress may from time to time ordain and establish. The powers of these courts are very extensive their jurisdiction comprehends all civil causes, except such as arise between citizens of the same state and it extends to all cases in law and equity arising under the constitution. One inferior court must be established, I presume, in each state, at least, with the necessary executive officers appendant thereto. It is easy to see, that in the common course of things, these courts will eclipse the dignity, and take away from the respectability, of the state courts. These courts will be, in themselves, totally independent of the states, deriving their authority from the United States, and receiving from them fixed salaries and in the course of human events it is to be expected, that they will swallow up all the powers of the courts in the respective states. 

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