United States Court System Shawna Bassett Structure of

United States Court System Shawna Bassett

Structure of the Federal Court System • 1. Supreme Court: highest of all courts • 2. Appellate Courts: U. S. Court of Appeals – 12 Regional Circuit Courts of Appeals, 1 for the Federal Circuit • 3. Trial Courts: U. S. District Courts – 94 Judicial Districts • 4. U. S. Court of Military Appeals – Military Courts, Veterans Appeals

Jurisdiction of the Federal Court System • Federal courts only have judicial powers: decide on cases identified by the Constitution or Congress **Only can hear certain cases** 1. Federal Question: case arising under U. S. Constitution, treaties or federal statues and regulations. 2. Diversity: no plaintiff is a citizen of the same state as that of any defendant and the controversy exceeds $75, 000. • Examples of some cases heard in Federal Court: q Anything that involves Federal Law like taxes and social security q Bankruptcy q Disputes between states q International trade law matters

U. S. Supreme Court q q q q Highest court of the United States Created by a vote on Senate Bill 1 in 1789 Article III Section 1 of the Constitution It exists due to the fact there was a need for a court higher than the state court. 1 Chief Justice and 8 associate justices = 9 Supreme Court Justices The justices are appointed by the President and confirmed by the Senate. Justices are appointed for life or as long as they want unless they are removed by impeachment

What is the term of the U. S. Supreme Court? (When is it in session? ) v Court begins on the first Monday in October by statute (law) v Can last till late June or July v Terms divided into: Ø Sittings: Justices listen to the cases. (30 minutes each and up to 24 cases can be heard) Ø Recesses: written opinions and deciding on the case matter before the court. Ø In between sittings and recesses they can each last up to a 2 week period.

How do you get a case heard in the U. S. Supreme Court? ü Hears cases from the lower federal courts ü Needs to involve constitutional problems or the federal law ü Sometimes Justices will chose to hear a case if: 1) Involves a Conflict of Law meaning states cannot come to a decision 2) Hear cases they feel are important 3) The case appeals to the Justices interest of the law **When a decision is made that is the final decision

Caseload of the U. S. Supreme Court • The docket of cases increases rapidly and today there can be almost 10, 000 cases per term • From about 1940 -1960 there were only about 2, 000 cases • Number increases rapidly each year

The 9 Justices of the Supreme Court 1. John G. Roberts, Jr. , Chief Justice of the United States 2. Antonin Scalia 3. Anthony M. Kennedy 4. Clarence Thomas 5. Ruth Bader Ginsburg 6. Stephen G. Breyer 7. Samuel Anthony Alito, Jr. 8. Sonia Sotomayor 9. Elena Kagan

Biography of one of the Supreme Court Justices: Ruth Bader Ginsburg • Born 1933 Brooklyn, New York. • She is married and has 2 children a son and daughter. • She is the oldest Justice serving in the Supreme Court right now • She went to Cornell University and Harvard Law School • Fought for the Women’s Rights Project of the American Civil Liberties Union • Nominated by President Clinton and took her Supreme Court seat in 1993

One Historical Supreme Court Case of Interest • Engel v. Vitale (1962) • Prayer in public schools by children violates the First Amendment • Challenged in court as unconstitutional meaning they could not force the belief of religion onto the children in public schools • Supreme Court agreed and did not want the government to sponsor prayer in schools

One Current Supreme Court Case of Interest Hall vs Florida 2014 v Case in which the Court held an IQ threshold requirement for determining whether someone has an intellectual disability (mentally) and is unconstitutional in deciding whether they are eligible for the death penalty.

U. S. Court of Appeals • Intermediate court of appeals; divided into “circuits” • There are 12 Regional Circuit Court of Appeals • 1 U. S. Court of Appeals for the Federal Circuit • Decisions of the District Courts can be appealed to their own regional circuit court.

U. S. Appeals Court in MA • Location: • First Circuit (Boston): ü Maine Massachusetts ü New Hampshire ü Puerto Rico ü Rhode lsland • John Joseph Moakley U. S. Courthouse located in Boston, MA serves as the headquarters for the U. S. Court of Appeals for the 1 st Circuit

What kinds of cases do the U. S. Court of Appeals Hear? • The Court hears two types of cases: • Appeals: come from cases which have already been decided by the court, a request for a higher court to examine the facts • Original actions (writs): authority to tell someone to refrain from a certain behavior. • Cases come to the U. S. Appeal Court because a party might be dissatisfied with the courts original decision.

U. S. District Courts v 94 Federal Judicial District Courts v. At least 1 in each state v. Primary trial court in the federal system

MA District Court • MA District Court is located in John Joseph Moakley Center Boston.

What kinds of case do the U. S. District Courts hear? • Hears all types of criminal, civil, mental health, and juvenile cases • Allowed to hear all federal cases both civil and criminal • Trial Courts • Limits set by Congress and the Constitution

U. S. District Courts Jury Duty Qualifications: • People everyday from all across the nation are selected for jury duty to help decided on cases • 18 years of age • Must be U. S. citizen • Live in a judicial district for a year • Good English • No mental or physical health conditions • Never been convicted of a felony

Who is exempt from serving Jury Duty? • Active armed force members • Members of the state fire and police department • Public Officers of state governments that perform public duties • Excuses from being exempt from jury duty are decided by the court.

What cases go to Federal and State Courts? Federal Court State Court • Not everything has to go to federal court unless it involves the Federal law • Crimes under the law of the Constitution • Patent and Copyright issues • Cases involving state or foreign treaties • Disputes over the “Diversity of Citizenship” • Bankruptcy issues • Dispute between states • Crimes under state legislations • Personal/Workers injury lawsuits • Motor vehicle traffic violations • Family law issues • Real estate issues

Federal or State Court • • “Class action” cases Civil rights Environmental Issues Crimes involving both state and federal law

Structure of the MA Court System 1) 2) 3) Supreme Judicial Court MA Appeals Court Administrative Office of the Trial Court 4) Office of Jury Commissioner 5) Office of the Commissioner of Probation 6) Boston Municipal 7) Housing 8) Land 9) Superior 10) District 11) Juvenile 12) Probate and Family (* #6 -12 Court Department*)

Websites Used • • www. supremecourtsus. gov www. uscourts. gov www. mass. gov/courts http: //www. moakleycourthouse. com/