The Federal Court System Judicial Branch Purpose of
The Federal Court System
Judicial Branch - Purpose of Courts Ø Courts settle civil disputes between private parties, a private party and the government, or the United States and a state or local government. Ø Courts also hold criminal trials for people accused of crimes.
Jurisdiction the authority of a court to hear and decide a case Ø Constitution gives courts 4 types of jurisdiction 1) Exclusive 2) Original 3) Appellate 4) Concurrent
Types of Jurisdiction Ø Exclusive Jurisdiction: those cases can be heard only in federal courts- involving an ambassador, person charged with a federal crime, involving the infringement of a patent or copyright, or a case involving any other matter arising out of an act of Congress.
ØConcurrent Jurisdiction: cases that can be heard in state or federal courtinvolving citizens of different states ØOriginal Jurisdiction- where a case is first heard (district courts and S. C. ) ØAppellate Jurisdiction- where a court hears a case on appeal (appellate courts and the S. C. )
What the Constitution says “The Judicial Power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish”
Ø Article III established a national Supreme Court and gave Congress the power to establish lower federal courts. Ø Jurisdiction is a court’s authority to hear and decide cases. l The Constitution gives federal courts jurisdiction over eight kinds of cases. Ø If the law in question applies to the U. S. Constitution, a federal court hears the case. Ø Federal courts hear cases involving violations of federal laws. Ø Any disagreement between state governments winds up in federal court.
II. The Federal Court System III. A. The Judiciary Act of 1789 Established the federal court system by dividing the country into federal judicial districts, creating district courts and courts of appeals IV. - Reminder: Congress has the power to create and abolish courts (except the SC!)
F. Federal Courts G. 1. Original jurisdiction over federal issues H. a. Federal laws I. b. Constitutional issues J. c. Resident of one state v resident of another state K. d. Treaties L. e. Maritime issues M. f. Foreign govt is involved N. g. US govt is involved O. 2. Three levels P. a. Trial court (aka District Court) Q. b. Appellate court (aka Court of Appeals)
B. District Courts - Original jurisdiction over federal cases C. 1. 94 across the country and US territories D. a. They are the federal trial courts. E. b. Handle 80% of the federal case load. F. 1. Hear criminal and civil cases, from kidnapping and tax evasion to bankruptcy and civil rights. G. 2. The only federal courts that regularly use juries H. 3. Most decisions are final, however some cases are appealed to the court of appeals in that judicial circuit and in some cases go directly to the S. C.
U. S. District Courts Ø District courts are the federal courts where trials are held and lawsuits are begun. l All states have at least one. Ø For all federal cases, district courts have original jurisdiction, the authority to hear the case for the first time. l District courts hear both civil and criminal cases. They are the only federal courts that involve witnesses and juries.
C. Courts of Appeals (aka Circuit Courts) D. E. 1. 13 across country courts F. G. H. a. 12 hear appeals from district b. 1 hears appeals from court, 1. Special courts like claims tax court, etc of Civil 2. Federal agencies like Office Patents and Trademarks, Service Commission, etc
U. S. Courts of Appeals People who lose in a district court often appeal to the next highest level—a U. S. court of appeals. Appeals courts review decisions made in district courts. This is appellate jurisdiction—the authority to hear a case appealed from a lower court. Ø Each of the 12 U. S. courts of appeals covers a particular geographic area called a circuit. l Appeals courts do not hold trials. Instead, a panel of judges reviews the case records and listens to arguments from lawyers on both sides. Ø
The judges may decide in one of three ways: 1. Uphold the original decision 2. Reverse the decision 3. Remand the case—send it back to the lower court to be tried again. Appeals courts do not decide guilt or innocence or which side should win a suit. They rule only on whether the original trial was fair and protected the person’s rights. Most appeals court decisions are final. A few cases are appealed to the Supreme Court.
Courts of Appeals (aka Circuit Courts) • Created as “gatekeepers” to help ease the load of the S. C. • Cases are heard by panels of 3 judges. • Only have appellate jurisdiction. • Their decisions are final unless the S. C. chooses to hear appeals taken from them.
FEDERAL CASES AND FEDERAL COURTS A person is accused of disobeying the U. S. Constitution A person is accused of violating a U. S. treaty A person is accused of breaking a federal law passed by Congress.
A person is accused of committing a crime on U. S. federal property. A citizen of one state brings a lawsuit against a citizen of another state. A person is accused of an offense by a foreign nation A person is accused of committing a crime on a U. S. ship at sea
Federal Judges Ø Each district court has at least 2 judges. Each appeals court has 6 to 27 judges. The Supreme Court has 9 justices. Ø Presidents appoint federal judges, with Senate approval. They usually appoint judges who share their views. Ø Once appointed, a judge can be removed only through impeachment. Ø Each district court has magistrate judges who do much of the judge’s routine work. l They hear preliminary evidence and determine whether the case should go to trial. They decide whether accused people should be held in jail or released on bail.
ØEvery federal judicial district also has a U. S. attorney—a government lawyer who prosecutes people accused of breaking federal laws. U. S. attorneys look into the charges and present the evidence in court. They also represent the United States in civil cases involving the government. l ØEvery federal judicial district also has a U. S. marshal. Marshals make arrests, collect fines, and take convicted people to prison. They protect jurors, keep order in the court, and serve subpoenas ordering people to appear in court. l
The United States Supreme Court • Court of last resort in all questions of federal law and U. S. Constitution. • Final say in all matters dealing with the United States Constitution • The court may hear cases: § Appealed from federal courts of appeal. § Appealed directly from federal district courts. § Appealed from the high court of a state, if claims under federal law or the Constitution are involved.
The United States Supreme Court The U. S. Supreme Court is composed of: • A chief justice • Eight associate justices Each member of the court is appointed for life by the president and affirmed by the Senate.
In writing the U. S. Constitution, the founders created an independent judicial branch. One way they insured judicial independence was by giving federal judges life terms in office. Alexander Hamilton noted in Federalist No. 78 that “nothing can contribute so much to [judicial] firmness and independence as permanency in office. . ” He called life terms an “indispensable ingredient” to the judiciary and said they helped protect “public justice and the public security. ”
ØThe president appoints Supreme Court justices, with Senate approval. The president’s decision may be influenced by the Justice Department, American Bar Association, interest groups, and other Supreme Court justices are always lawyers. A successful law career, political support, and agreement with the president’s ideas are factors in whom gets appointed l
The Supreme Court Justices Ø The main job of the nation’s top court is to decide whether laws are allowable under the Constitution. Ø The Supreme Court has original jurisdiction only in cases involving foreign diplomats or a state. All other cases come to the Court on appeal. l The Court chooses the cases it hears. In cases the Court refuses to hear, the decision of the lower court stands. The Court has final authority on cases involving the Constitution, acts of Congress, and treaties.
D. Federal Judges E. 1. Appointed by president F. a. Advisors recommend candidates G. b. Professional background – Always lawyers H. c. Political/social views I. d. Collegiate career J. 2. Confirmed by Senate K. a. Judiciary cmte holds hearings L. b. Professional background M. c. Political/social views
3. Life terms – Can only leave the bench through. . 4. a. Death 5. b. Resignation/retirement 6. c. Impeachment 4. Why it matters!! 5. Conservative presidents = conservative justices 6. Liberal presidents = liberal justices 7. Justices serve for years 8. Justices interpret the Constitution; set precedent 9. Those precedents affect all Americans I. E. Roe v. Wade!!!
U. S. Supreme Court Nine justices sit on this court. It is the highest court in the land. The decisions of this court are final. U. S. Court of Appeals There are 13 Circuit Courts of Appeals. The Fourth Circuit hears appeals from District Courts in NC. After the court decides, the case may be appealed to. District Court These are the trial courts. There are 94 District Courts—at least one in each state. After a trial, a case may be appealed to. . . Appeal
Important Note Ø We have a dual Court system! Ø We have the national judiciary with more than 100 courts across the country. Ø Also, each of the 50 States have their own system of courts. State courts hear most of the cases in this country. * Ask yourself how this connects to federalism!
Comparing Court Systems Federal Court System State Court System U. S. Supreme Court Highest State Courts (hears 80 -90 cases) (50 courts handling 95, 000 cases) U. S. Courts of Appeals State Intermediate Appellate Courts (13 courts handling 40, 410 cases) U. S. District Courts (94 courts handling 290, 167 cases) (found in ½ the states) (handling 300, 000 cases) State Trial Courts (92 million filings)
How Cases Reach the Court Ø The Supreme Court conducts business each year from October until June or July. l Each month, the justices spend two weeks listening to oral arguments on cases and two weeks writing opinions and studying new cases. Ø The Court receives most of its cases on appeal from a lower court, but sometimes a lower court asks for a ruling because it is not sure how to apply the law in a case.
ØOf the more than 7, 000 applications each year, the Court agrees to hear fewer than 200. ØThe Court accepts cases that four of the nine justices agree the Court should review. This is known as “The Rule of Four. ” They usually select cases that involve important constitutional issues and cases that affect the entire nation. l
Steps in Decision Making • Each accepted case goes through five steps: written arguments, oral arguments, conference, opinion writing, and announcement. • The lawyers first prepare a written brief that explains their side of the case. The justices study the briefs. • Next, each side gets 30 minutes to present its case orally. Then the justices ask tough questions. • On Fridays, the justices meet privately to discuss the case. A majority vote decides the case.
C. A day in the life. . . D. 1. Calendar E. a. Term: first Monday in October – end of June F. b. Sittings: 2 -wk sessions when Justices hear cases then retire to decide opinions G. 2. Selecting cases H. a. Original jurisdiction cases—must hear these I. 1. State govt v state govt J. 2. Foreign rep a party in a case K. b. Appellate jurisdiction cases—choose to hear L. issue 1. Must deal with federal or constitutional
“Rule of Four”—four of the nine justices must agree to hear a case out of the 1000 s of cases appealed to them. 3. Accepted cases go on the docket (aka a court’s schedule or calendar) a. Briefs are submitted—written summary of each lawyer’s side of the case b. Justices study lower court proceedings and briefs c. Oral arguments 1. Each side gets 30 mins to argue 2. Justices get to ask questions
4. Deliberations 5. a. CJ summarizes case and main points b. Group discussion, each presents views c. Justices vote—simple majority “wins” 6. 5. Opinions issued Opinions are written statement explaining ruling and reasons for reaching that decision Three kinds of opinions: Majority--- Concurrent--Dissenting
ASSIGNMENT AND WRITING OF OPINIONS Chief justice assigns the writing of opinions to one judge. An opinion explains the legal thinking behind the court’s decision in the case. The opinion states the facts, announces the ruling, and explains the Court’s reasoning in reaching the decision. The opinion sets a precedent or model for other judges to follow in making their own decisions on similar cases.
Majority opinion - represents the views of the majority (5 or more) of justices in agreement on outcome and reasoning. Concurring opinion - A justice who votes with the majority and agrees on the outcome, but for different reasons. Dissenting opinion - (minority)--opinion of the minority number of justices. One or more justices who disagree with the majority. Finally, the Court announces its decision. The written opinions of the court become law for the lower courts to follow.
D. Factors influencing the Court E. 1. Constitution—fundamental law of US F. 2. Precedent—are there past similar cases G. 3. Intent—of the Constitution and law(s) in question H. 4. Social values—what is the current view of most Americans (will of the people) I. 5. Personal judicial philosophy—to what extent should justices become involved in setting policy
JUDICIAL PHILOSOPHY: An ongoing “discussion” in American politics about the extent to which justices/judges should involve themselves with setting policy. Judges don’t make laws so how does a judge set policy? JUDICIAL ACTIVISM: the Jud branch is an equal partner with the Leg and Exec and should be actively involved in interpreting and applying laws. Strong belief in judicial review. JUDICIAL RESTRAINT: the Jud branch should let the Leg and Exec branches set policy and only get involved if that policy is a flagrant violation of Constitution. Not a strong belief in judicial review. *NEITHER VIEW IS LIBERAL OR CONSERVATIVE*
E. Checks on the Court F. 1. Executive: pres appoints conservative or liberal justices/judges depending on his beliefs G. 2. Legislative: Senate confirms appointees based on its majority’s beliefs H. 3. Amendment process: a. How is this a check? USSC makes decision people REALLY don’t like. People persuade Congress to propose a constitutional amendment. If ratified by the states, it nullifies the USSC decision.
Limits on the Courts’ Power Ø The Court depends on the executive branch and state and local officials to enforce its decisions. l Usually they do. Congress can get around a Court ruling by passing a new law, changing a law ruled unconstitutional, or amending the Constitution. Ø The president’s power to appoint justices and Congress’s power to approve appointments and to impeach and remove justices serve to check the power of the Court. Ø The Court cannot decide that a law is unconstitutional unless the law has been challenged in a lower court and the case comes to it on appeal. The Court accepts only cases that involve a federal question. It usually stays out of political questions Ø
The federal courts handle all federal cases, such as. . . Admiralty cases Federal tax cases Bankruptcy cases Copyright or patent cases Cases where one state sues another state As well as federal criminal cases, such as. . . Federal drug cases Crimes on aircraft Postal fraud Crimes on the high seas Racketeering Crimes on federal property Most cases, however, are handled in state courts.
E. State courts F. 1. Deal with state laws G. 2. Three levels a. Trial courts b. Appellate courts (aka courts of appeal) c. State supreme court (aka court of final appeal) 3. Cases may be appealed to the USSC if a federal or constitutional issue is involved
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