CHAPTER 18 THE FEDERAL JUDICIARY I THE NATIONAL

CHAPTER 18 THE FEDERAL JUDICIARY

I) THE NATIONAL JUDICIARY • A) CONSTITUTION ONLY MENTIONS THE U. S. SUPREME COURT • B) CREATED BECAUSE OF A WEAKNESS IN THE ARTICLES OF CONFEDERATION. • 1) First courts created by the Judiciary Act of 1789 • C) DUAL COURT SYSTEM--FEDERAL COURTS AND STATE COURTS! • 1) State Courts hear 80% of all court cases in U. S.

D) FEDERAL COURT SYSTEM • • 1) Constitutional /Inferior courts. a) Created by acts of Congress b) Include Supreme Court and 4 other courts 1) District Courts 2) U. S. Court of Appeals 3) U. S. Court of Appeals for the Federal Circuit 4) U. S. Court of International Trade • • 2) Special Courts--also called Legislative Courts a) Hear a narrower range of cases b) Created to serve a specific need 1) U. S. Tax Court 2) U. S. Court of Appeals for the Armed Forces 3) U. S Court of Appeals for Veteran’s Claims 4) U. S. Federal Claims Court 5) Territorial Courts/ Courts of Washington D. C.

II) DETERMINING JURISDICTION-AUTHORITY TO HEAR AND/OR TRY A CASE. • A) SUBJECT MATTER • 1) A question of or challenge to Federal law or the U. S. Constitution. • 2) A question of Maritime or Admiralty laws. • B) PARTIES INVOLVED • 1) The U. S. or one of it’s “agents”. • 2) A representative from a foreign government. • 3) A state versus a state or people from one state suing another state or person from that state. •

C) TYPES OF JURISDICTION • 1) EXCLUSIVE JURISDICTION--A CASE CAN ONLY BE HEARD IN A SPECIFIC COURT. • 2) ORIGINAL JURISDICTION--A COURT THAT HEARS A CASE FOR THE FIRST TIME • 3) CONCURRENT JURISDICTION--A CASE THAT CAN BE HEARD IN BOTH STATE AND/OR FEDERAL COURTS. . AN EXAMPLE WOULD BE A CASE OF “DIVERSE CITIZENSHIP”’. • (where a person from one state sues a person from another state in an amount over $100, 000. ) • 4) APPELLATE JURISDICTION--HEARS CASES ON APPEAL • 5) THE SUPREME COURT HAS BOTH ORIGINAL AND APPELLATE JURISDICITON!

D) LIMITS ON THE FEDERAL JUDICIAL SYSTEM-DETERMINE IF A CASE IS APPROPRIATE FOR THE COURTS TO REVIEW !(JUSTICIABLE) • • 1) COURTS CAN ONLY ACT IN AN ADVERSARY SITUATION a) Two sides in dispute • 3) ALL PARTIES INVOLVED MUST HAVE A PERSONAL INTEREST IN THE CASE. THIS IS CALLED “STANDING” • 4) A COURT WILL RULE AFTER ALL OTHER REMEDIES HAVE BEEN USED OR TRIED! • 5) BURDEN OF PROOF--ALWAYS RESTS WITH THE PROSECUTION OR PLAINTIFF(PERSON BRINGING) THE COMPLAINT) a) Follows the not guilty till proven concept! • • 2) COURT CAN ONLY RULE ON LEGALMATTERS--NOT ON POLITICAL MATTERS. 6) MUST SPECIFICALLY TELL WHAT PART OF THE CONSTITUTION IS BEING VIOLATED!!

III) THE U. S. SUPREME COURT • A. ) ORGANIZATION OF THE SUPREME COURT • 1) 9 JUSTICES--1 CHIEF AND 8 ASSOCIATE JUSTICES • The Court Active members • John Roberts--17 th & current Chief Justice • Elena Kagan · Antonin Scalia • Anthony Kennedy · Sonia Sotomayor • Clarence Thomas · Ruth Bader Ginsburg • Stephen Breyer · Samuel Alito • 2) 1 st woman on the Supreme court was • -Sandra Day O'Connor • 3) 1 st African American on the court was – Thurgood Marshall

President Obama On the Supreme Court

THE COURT AT WORK • • • 2) JUSTICES MEET IN TERMS THAT LAST FROM OCTOBER TILL MID-JULY. a) Terms are divided into two week periods 1)Sittings--when Justices hear cases 2) Recess--when Justice research, discuss cases and decide on what new cases to hear. JUSTICES ALSO SUPERVISE THE VARIOUS COURTS OF APPEAL

3) APPOINTMENT OF JUSTICES • a) Life time term of office • b) Nominated by President • 1) Investigated by Senate Judiciary Committee & ABA • 2) Approved by Senate • c) Influences on appointment • 1) Partisan Politics • 2) Experiece--law degree • 3) Ideology --JUDICAL ACTIVISM OR JUDICIAL RESTRAINT

JUDICIAL IDEOLOGY • JUDICIAL ACTIVISM--MAKE RULINGS BASED ON THE CHANGING NEED OF SOCIETY AND SET NEW STANDARDS OF JUSTICE. • JUDICIAL RESTRAINT--RULINGS BASED ON TRADITIONAL IDEALS AND ON PREVIOUS JUDICIAL RULINGS CALLED “PRECEDENTS”

STARE DECISIS • JUDICIAL PHILOSOPHY THAT STATES THAT PREVIOUS RULINGS CALLED PRECEDENTS SHOULD BE USED TO INFLUENCE OR DETERMINE CURRENT RULINGS.

4) IMPORTANT SUPREME COURT CASES / SCENARIOS • • 1) 1804 MARBURY VS MADISON. –COURT ESTABLISHED THE POLICY OF JUDICIAL REVIEW. RULED THAT THE USE OF THE “WRIT OF MANDAMUS” (A COURT ORDER REQUIRING A GOVERNMENT OFFICIAL TO DO A TASK ASSIGNED TO THEM) WAS ILLEGAL • 2) 1896 PLESSY VS FERGUSON. THE COURT RULED THAT THE SOUTHERN POLICY OF “SEPARATE BUT EQUAL” WAS LEGAL AND DID NOT VIOLATE THE 14 TH AMENDMENT • 3) 1954 BROWN VS BOARD OF EDUC. – TOPEKA, KANSAS. THE COURT RULED THAT SEGREGATING RACES, ESPECIALLY IN SCHOOLS, WAS ILLEGAL, VIOLATING THE 14 TH AMENDMENT, THUS REVERSING THE PLESSY VS FERGSON DECISION. • 4) 1936 ROOSEVELT’S COURT PACKING SCHEME. PRESIDENT TRIED TO ADD 6 ADDITIONAL JUDGES TO THE SUPREME COURT TO HELP GET HIS NEW DEAL PLANS APPROVED BY THE COURT, BUT CONGRESS VOTED DOWN THE PLAN! 5) MIRANDA VS ARIZONA. 1966 THE COURT RULED THAT PEOPLE ARRESTED HAD TO BE GIVEN THEIR RIGHTS(RIGHT TO REMAIN SILENT, RIGHT TO AN ATTORNEY, ETC) BEFORE THEY WERE CHARGED OR QUESTIONED. • • 6) ROE VS WADE 1973 THE COURT RULED THAT DENYING A PERSON THE RIGHT TO AN ABORTION WAS ILLEGAL

HOW CASES REACH THE COURT-DOCKET(schedule of cases assigned to a court) B) • 1) PARTIES FILE A PETITION OF APPEAL--CITING HOW THEIR RIGHTS HAVE BEEN VIOLATED OR WHAT ERROR WAS MADE BY THE LOWER COURT. • 2) WRIT OF CERTIORARI--APPEALS COURT REQUESTS TO HEAR A CASE FROM A LOWER COURT • 3) CERTIFICATE- A LOWER COURT REQUESTS A HIGHER COURT TO REVIEW A CASE • 4) CHIEF JUSTICE AND ASSOCIATES DETERMINE THE DISCUSS LIST--LIST OF APPEALS THE COURT WILL CONSIDER-(“RULE OF 4”)--If four or more Justices request or agree, a case is placed on the docket! • 5) COURT WILL HEAR MAYBE 200 -300 OF THE 6000 OR MORE APPEALED TO IT!!

C) HOW A CASE IS HEARD--THE COURTS ACTIONS • 1) EACH SIDE FILES A LENGTHY EXPLANATION OF THE CASE-- ”BRIEFS” • 2) ORAL ARGUEMENTS--LIMITED TO 30 MINUTES FOR EACH SIDE • 3) AMICUS CURIAE--”FRIENDS OF THE COURT BRIEFS”ADDITIONAL BRIEFS BY PARTIES WITH STANDING OR INFORMATION. • 4) RESULTS PRINTED IN “U. S. REPORTS”

D) RULINGS OF THE COURT--EVERY DECISION MUST HAVE A MAJORITY IN AGREEMENT! • 1) ALL DECISIONS ARE ACCOMPANIED BY A WRITTEN OPINION--3 TYPES • a) Majority Opinion--accompanies all decisions of the court. . tells why the court decided as they did! • • b) Concurring opinion--agree with the majority, but for a different reason! c) Dissenting opinion--Disagree with the majority • 2) PER CURIAM DECISION--A CASE DECIDED STRICTLY BY THE MERITS OF THE BRIEF. . . NO ACTUAL COURT HEARING! • 3) REMAND--TO SEND A CASE FROM A HIGHER COURT BACK TO A LOWER COURT TO BE REHEARD. – REMANDED CASES ARE HEARD “DE NOVO” --AS ORIGINAL CASES

IV). THE CONSTITUTIONAL COURTS • 4 COURTS INFERIOR TO SUPREME COURT

A. DISTRICT COURTS--WORKHORSE OF THE FEDERAL COURTS • 1) 94 District Courts--642 Judges • 2) Hear over 300, 000 cases a year (Over 80% of all Federal cases!) • 3) Hears both Criminal and Civil(87%) cases • 4) Trials are heard by a jury or by a judge(Bench trial) • a) Grand jury--determines if enough evidence is available to warrant a Trial --return a formal accusation called the WRIT OF INDICTMENT. • b) Trial or Petit Jury--determines guilt or innocence! • 5) ORIGINAL JURISDICTION ONLY.

District Court Personnel-Aid the District Court • a) BANKRUPTCY JUDGES--Hear cases involving bankruptcy • b) MAGISTRATES--Issues warrants, sets bail, convenes the grand jury, hears minor cases. • c) U. S. DISTRICT ATTORNEY for the district--Prosecutes cases, represents U. S. Government--APPOINTED BY THE PRESIDENT. – OVERSEEN BY THE DEPT. OF JUSTICE AND THE U. S. ATTORNEY GENERAL. (Dept of Justice--U. S. largest law firm!) • d) U. S. MARSHALL--Secures Jurors, makes arrests, serves writs of Subpoena--a court order requiring a person or evidence to appear in court! • e) CLERK OF COURT--Records actions of the court

B) COURT OF APPEALS”GATEKEEPERS TO THE U. S. SUPREME COURT • CREATED IN 1891 • 1) 12 courts --179 judges. • 2) Hears cases in areas called “circuits” • 3) Judges hear cases in panels of 3. . . or if all judges assigned to a court hear a case--then it is heard “EN BANC” (ALL JUDGES ASSIGNED) • 4) Hears appeals from district court and some federal agencies. • 5) Has Appellate Jurisdiction only!

C) COURT OF APPEALS FOR THE FEDERAL CIRCUIT---1982 • 1) Courts with nationwide jurisdiction • 2) 12 Judges travel nationwide--hear cases in panels of 3 • 3) Appellate Jurisdiction--hears appeals from Trade Court, the Special Courts, and several executive agencies.

D) COURT OF INTERNATIONAL TRADE-created in 1890 -restructured in 1980. • 1) 1 Chief Judge--8 Associate Judges--Hears cases in panels of 3! • 2) Hears civil cases arising from tariff and trade laws • 3) Cases heard in major port cities!

V) THE “SPECIAL OR LEGISLATIVE” COURTS. • CREATED BY ACTS OF CONGRESS FOR SPECIFIC NEEDS. • HEAR A NARROWER RANGE OF CASES BECAUSE MOST OF THESE COURTS HAVE “EXCLUSIVE JURISDICTION”

A)U. S TAX COURT--created in 1969 • 1) Hears civil cases generated by the IRS • 2) 19 Judges(1 Chief Judge) --15 year terms • 3) Appeals from this court heard by the U. S. Court of Appeals

B) U. S. COURT OF FEDERAL CLAIMS--recreated in 1993 • 1) Had formerly been Court of U. S. Claims since 1855 • 2) 16 judges serving 15 year terms • 3) People seeking financial compensation against U. S. Govt. • 4) Appeals heard by U. S. Court of Appeals for the Federal circuit.

C) U. S. COURT OF APPEALS FOR THE ARMED FORCES--created in 1950 • 1) A civilian court made up of 5 judges serving 15 year terms • 2) Hears cases appealed from serious court martial. • 3) In very rare circumstances, appeals from this court can be heard by the U. S. Supreme Court. • 4) Sometimes called the “G. I. Supreme Court”

COURT PROCEDURE CIVIL COURT PROCEDURE—INITIAL STAGE • PERSON FILES A COMPLAINT WITH THE CLERK OF COURT, SPECIFYING THE WRONG DOING BY THE OFFENDING PARTY. THE PERSON FILING THE COMPLAINT IS CALLED THE PLAINTIFF. • THE ACCUSED WILL ANSWER, USUALLY THRU HIS LAWYER, TO THIS CHARGE. THE ACCUSED IS CALLED THE DEFENDANT. • THESE ACTIONS OF THE PLAINTIFF AND DEFENDANT ARE CALLED THE PLEADINGS.

CIVIL COURT PROCEDURE • **** AT ANYTIME, THE CASE CAN BE SETTLED OUT OF COURT IF BOTH PARTIES COME TO SOME SORT OF COMPROMISE. THEN THE COURT WILL ACKNOWLEDGE THE SETTLEMENT AND MAKE IT PART OF THEIR RECORDS.

CIVIL COURT PROCEDURE-THE INFORMATION GATHERING STAGE • EACH SIDE WILL NOW SEND NOTICES TO PROSPECTIVE WITNESSES BY HAVING THE COURT ISSUE AN ORDER CALLED THE WRIT OF SUBPOENA. • THE SUBPOENA IS A COURT ORDER THAT REQUEST (REQUIRES) A WITNESS OR EVIDENCE BE PRESENTED TO THE COURT ON A SPECIFIED DATE. FAILURE TO FOLLOW THIS ORDER IS A CRIMINAL OFFENSE. • EACH SIDE CAN GET PRE TRIAL TESTIMONY CALLED A DEPOSITION FROM THEIR WITNESSES • EACH SIDE CAN PRESENT A SET OF PRE TRIAL QUESTIONS FOR THE DEFENDANT OR PLAINTIFF CALLED THE INTERROGATARIES

CIVIL COURT PROCEDURETRIAL STAGE—JURY VERDICT • • • MOST CIVIL TRIALS WILL BE HEARD ONLY BY A JUDGE UNLESS THE AMOUNT REQUESTED IS HIGH OR IF THE PARTIES REQUEST A JURY TRIAL. BOTH SIDES PRESENT EVIDENCE WITH THE GOAL OF THE PLAINTIFF TO SHOW NEGLIGENCE OR CAUSE. a) Opening statements b) Evidence and witnesses presented c) Closing statements made THE VERDICT • JURY WILL DETERMINE NEGLIGENCE AND SIZE OF THE MONETARY AWARD BASED ON NEGLIGENCE. • SOME SUITS WILL BE BASED ON THE CONCEPT OF EQUITY. THIS IS PREVENTIVE LAW, ASKING THE COURT TO PREVENT A WRONGDOING BEFORE IT OCCURS. THIS CAN BE DONE BY THE COURT BY ISSUING A WRIT OF INJUNCTION. THIS IS A STOP ACTION ORDER OF THE COURT, PREVENTING THE ACCUSED FROM CONTINUING A SPECIFIED ACTIVITY.

CRIMINAL COURT PROCEDUREINITIAL STAGE • AFTER A LEGAL ARREST THE ACCUSED WILL BE : • 1) MIRANDIZED--Read their rights. • 2) BOOKED (PHOTOGRAPH AND FINGERPRINTS, PHONE CALL • 3) PRELIMINARY HEARING (Usually within 24 hours) • a) First charges read • b) Determination of bail or R. O. R.

CRIMINAL COURT PROCEDURE • ARRAIGNMENT (GRAND JURY HEARING) • 1) OFFICIAL CHARGE IS READ • 2) GRAND JURY DETERMINES IF EVIDENCE WARRANTS A TRIAL • THE GRAND JURY MAY BE WAIVED (PASSED OVER) BY THE PROSECUTOR FILING AN INFORMATION CHARGE • 3) DEFENDANT ENTERS A PLEA • IF DEFENDANT PLEADS GUILTY—A SENTENCE DATE IS SET • IF DEFENDANT PLEADS INNOCENT—A TRIAL DATE IS SET. • 90% OF TRIALS NEVER TAKE PLACE, THE DEFENDANT WILL MAKE A DEAL WITH THE PROSECUTOR TO PLEAD GUILTY TO A LESSER CHARGE. THIS IS CALLED PLEA BARGAINING.

CRIMINAL COURT PROCEDURE-INFORMATION GATHERING STAGE • EACH SIDE WILL NOW SEND NOTICES TO PROSPECTIVE WITNESSES BY HAVING THE COURT ISSUE AN ORDER CALLED THE WRIT OF SUBPOENA • THE SUBPOENA IS A COURT ORDER THAT REQUEST (REQUIRES) A WITNESS OR EVIDENCE BE PRESENTED TO THE COURT ON A SPECIFIED DATE. FAILURE TO FOLLOW THIS ORDER IS A CRIMINAL OFFENSE. • EACH SIDE CAN GET PRE TRIAL TESTIMONY CALLED A DEPOSITION FROM THEIR WITNESSES • EACH SIDE CAN PRESENT A SET OF PRE TRIAL QUESTIONS FOR THE DEFENDANT OR PLAINTIFF CALLED THE INTERROGATARIES

CRIMINAL COURTTRIAL STAGE—JURY VERDICT • MOST CRIMINAL TRIALS WILL BE HEARD BY A JURY UNLESS THE CRIME IS A MISDEMEANOR OR SPECIFICALLY IF THE ACCUSED WAIVES THE JURY TRIAL. • BENCH TRIAL--TRIAL HEARD AND DECIDED BY THE PRESIDING JUDGE--NO JURY. • BOTH SIDES PRESENT EVIDENCE WITH THE GOAL OF THE PLAINTIFF TO SHOW GUILT BEYOND REASONABLE DOUBT. • a) Opening statements • b) Evidence and witnesses presented • c) Closing statements made • THE VERDICT—IF FOUND INNOCENT, ACCUSED IS AQUITTED

THE JURY SYSTEM IN AMERICA • EACH CITIZEN IS REQUIRED TO SERVE JURY DUTY • CHOSEN RANDOMLY, NOTIFED WITH A COURT ORDER CALLED THE • WRIT OF VENIRE FACIAS • MAKE UP THE JURY POOL—GROUP OF POTENTIAL JURORS • EACH JUROR IS QUESTIONED PRIOR TO THEIR ASSIGNED TRIAL TO DETERMINE SUITABILITY. PROCESS IS CALLED VOIR DIRE.

GRAND JURY • DETERMINES IF ENOUGH EVIDENCE PRESENTED DURING THE ARRAIGNMENT WARRANTS A TRIAL • 16 -23 PEOPLE CAN BE CALLED FOR GRAND JURY • THEY CAN RETURN A FORMAL CHARGE CALLED THE WRIT OF INDICTMENT. THIS MEANS THAT EVIDENCE SUPPORTS A CRIMINAL TRIAL.

CIVIL JURY • 12 PEOPLE WHO FIND NEGLIGENCE • DOES NOT ALWAYS HAVE TO BE UNANIMOUS VERDICT • MAY ALSO DETERMINE SIZE OF AWARD

Trial Jury • 12 PEOPLE WHO DETERMINE GUILT OR INNOCENCE • MUST BE UNANIMOUS VERDICT IN CRIMINAL CASES • VERDICT MUST BE BEYOND REASONABLE DOUBT.