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Here Comes the Judge!
Article III: The Judicial Branch
Make up the 3rd branch of the federal
government Use the law to settle civil disputes (between
people, companies or organizations) Applies the law to the facts presented to
determine the guilt or innocence (Criminal)
Role of the Courts
Means that all the laws are applied equally to
every person Constitution guarantees trial by jury,
presumption of innocence, right to council, right to appeal
Why is equal justice hard to achieve?
Equal Justice Under the Law
Under the Articles of Confederation there were
no federal courts Each State had its own system What does this mean for equal justice under
the law? Supreme Court only court mentioned in the
Constitution Article III Gives Congress the power to
establish “inferior courts”
Federal Courts
District or Circuit Courts- federal cases start
here Appeals Court-when either party questions the
ruling of the lower court or (district court) Supreme Court- has final authority over legal
matters
Federal Court System
Criminal Cases
Civil Cases
Constitutional issues Breaking Federal laws (tax evasion,
kidnapping) Disputes between states ex: water rights Disputes between citizens of different
state Federal Government ex: when the Feds
bring a case against someone or entity
What type of cases go to a federal court?
Foreign governments and treaties ex:
When any foreign government is involved in a dispute with a US citizen, company or government
Admiralty or Maritime Laws – crimes on the open seas
US Diplomats: Example Ambassadors breaking laws
What type of cases go to a federal court?
Exclusive Jurisdiction: only feds hear the case Concurrent Jurisdiction: feds and state courts
may hear case
Types of Jurisdiction
Where all federal trials and lawsuits begin-
known as “original jurisdiction” Witnesses testify and juries hear cases HOW MANY DISTRICTS? WHAT DISTRICT IS NM
IN?
US District Courts
Other names: Appellate Courts, Circuit Courts Reviews the decisions of the lower courts
which is “appellate jurisdiction” No jury a panel of 3 judges reviews and makes
a decision 12 US courts of appeals has jurisdiction over a
specific region Court of Appeals for the Federal Circuit has
nationwide authority
US Court of Appeals
Upholding the findings of a lower court Reversing the findings of a lower court Remanding to send the case back to a lower
court for a retrial Rulings are only on whether any of the
defendants rights have been violated Opinion of the Court is an explanation of the
ruling Opinion often based on Precedent-prior rulings
Decisions of the Court of Appeals 3 Options
The President along with the advise and
consent of the Senate appoints federal judges It’s a political thing/usually the same party
and like philosophy of the Prez A job for life!
So You Want to be a Judge
Magistrates take care of the minor judicial
duties (issue warrants, determine whether a case should go to trial, set bail)
US Attorneys: Each district court has 1 US Attorney and several deputies-they prosecute people who are accused of breaking federal laws
US Marshalls: Collect fines, make arrests, serve legal papers
Other Jobs
Can preside over disputes between states and
cases involving foreign countries Otherwise it hears cases on appeal from lower
courts Gets to choose the cases it hears Refusal to hear a case means the decisions of
the lower court stand
Jurisdiction of the Supreme Court
8 Associate and 1 Chief Justice Main duty is to decide on cases/ but also make
policy indirectly President nominates a justice and the
individual must be confirmed by the Senate Appointed for life No constitutional requirements to be a justice
About the Court
Executive and Legislative Branches must
follow the decisions of the court Judicial Review: The court can review any
federal, state or local law or action to make sure it is constitutional Judicial Review was established in the case of
Marbury v. Madison in 1803 (page 260)
Powers of the Court
Court relies on the executive branch and local
officials to carry out its decisions (think desegregation)
Congress can change or tweek laws deemed unconstitutional
Limits to Power
Meets from the first Monday in October- until
the business of the court is complete usually late June/early July
4 of the 9 Justices must agree to hear a case before it is placed on the court docket
Many cases are appealed to the Supreme Court only a small fraction are heard and even a smaller percentage get full hearings
The Workings of the Court
Major constitutional issues Cases must deal with real people and events Legal rather than political issues Writ of Certiorari- “make more certain” directs
a lower court to send its case records to the Supreme Court
How do they decide what to hear?
Written Arguments: Briefs explain each sides
position in a case Lawyers present oral arguments (30 min)
justices then ask questions Conferences in secret to discuss the merits of
the case- 5 need a majority of justices Opinions Announcement of Opinions
The Process to Deciding a Case
Majority Opinion: written by one justice
presents the view of the majority of justices Concurrent Opinion: Justices may agree with
the majority but have different legal reasons for doing so
Dissenting Opinion: Justices who oppose the majority opinion
Unanimous Opinion: All Agree
Types of Opinions
The Law based on the concept of “stare
decisis” let the decision stand Precedent matters
Social and Political Conditions- while mostly immune from these pressures, court reinterprets laws based on social norms think Plessy v. Ferguson and Brown v. Board of Education
Differing Legal Views: Activist v. Constitutionalist
Personal Beliefs
Influences on the Justices’ Opinions
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