Ch. 8.1 The Federal Court System. Equal Justice for All Courts are meant to settle civil disputes between private parties, a private party v. the government,

Ch. 8.1 Ch. 8.1

The Federal Court SystemThe Federal Court System

Equal Justice for AllEqual Justice for All

Courts are meant to settle civil Courts are meant to settle civil disputes between private parties, a disputes between private parties, a private party v. the government, or private party v. the government, or the U.S. v. a state or local the U.S. v. a state or local government.government.

Court applies the law properly and Court applies the law properly and rules in favor of one party or the rules in favor of one party or the otherother


Courts also hold criminal trials for Courts also hold criminal trials for people accused of crimes.people accused of crimes.

Witnesses present evidence; jury or Witnesses present evidence; jury or judge deliver the verdict of guilt or judge deliver the verdict of guilt or innocenceinnocence

Equal Justice for AllEqual Justice for All Everyone accused of a crime has the right Everyone accused of a crime has the right

to a public trial and a lawyer (6to a public trial and a lawyer (6thth))

If a person cannot afford representation, If a person cannot afford representation, court must appoint and pay for one.court must appoint and pay for one.

Everyone must be presumed “innocent Everyone must be presumed “innocent until proven guilty”until proven guilty”

Can ask for a review of the case if court Can ask for a review of the case if court made a mistakemade a mistake


The main goal of the legal system is The main goal of the legal system is equal justice under the law.equal justice under the law.

Can be difficult to achieve. Why?Can be difficult to achieve. Why?

1.1. Judges and juries are not free from Judges and juries are not free from personal prejudicespersonal prejudices

2.2. Discrepancy between the rich/poor when Discrepancy between the rich/poor when it comes to getting the best legal helpit comes to getting the best legal help


Article III establishes a national Supreme Article III establishes a national Supreme Court and gives Congress the power to Court and gives Congress the power to establish lower federal courtsestablish lower federal courts

Over the years, Congress set up three Over the years, Congress set up three levels in the federal court system: District levels in the federal court system: District courts, the Appellate courts, and the courts, the Appellate courts, and the Supreme CourtSupreme Court

Each state has its own set of laws and Each state has its own set of laws and court system as well.court system as well.


The U.S.Supreme Court

Limited original + Appellate jurisdiction

The U.S. Court of Appeals

Appellate jurisdiction

District Courts

Original jurisdiction


Jurisdiction—a court’s authority to Jurisdiction—a court’s authority to hear and decide cases. hear and decide cases.

The U.S. Constitution gives federal The U.S. Constitution gives federal courts jurisdiction over 8 types of courts jurisdiction over 8 types of cases.cases.

Federal Court JurisdictionFederal Court Jurisdiction

1.1. Any case that applies to the U.S. Any case that applies to the U.S. Constitution.Constitution.

2.2. Any violation of federal laws.Any violation of federal laws.3.3. Any disagreements between state Any disagreements between state

governments (civil cases).governments (civil cases).4.4. Civil lawsuits between citizens of Civil lawsuits between citizens of

different statesdifferent states5.5. Any case in which the U.S. Any case in which the U.S.

government sues or gets suedgovernment sues or gets sued


6.6. Any disputes between a foreign Any disputes between a foreign government and either the U.S. government and either the U.S. government or American private government or American private partyparty

7.7. Admiralty and Maritime laws Admiralty and Maritime laws (accidents or crimes on the high (accidents or crimes on the high seas)seas)

8.8. Any case involving a U.S. DiplomatAny case involving a U.S. Diplomat


The federal courts in these 8 areas have The federal courts in these 8 areas have exclusive jurisdiction exclusive jurisdiction – only courts who – only courts who can hear and decide such cases.can hear and decide such cases.

90% of all cases involve state law and are 90% of all cases involve state law and are tried in state courtstried in state courts

In a few circumstances, state and federal In a few circumstances, state and federal courts have courts have concurrent jurisdiction concurrent jurisdiction – – courts share jurisdiction and either may courts share jurisdiction and either may hear the casehear the case

Ch. 8.2: How Federal Courts are Ch. 8.2: How Federal Courts are OrganizedOrganized

District Courts are the federal courts District Courts are the federal courts where:where:

- lawsuits are begun - lawsuits are begun

- trials are held- trials are held

There are 94 total U.S. District Courts There are 94 total U.S. District Courts nationwidenationwide

U.S. District CourtsU.S. District Courts

For all federal cases, district courts For all federal cases, district courts have have original jurisdiction original jurisdiction – the – the authority to hear the case for the first authority to hear the case for the first time.time.

Hear both civil and criminal casesHear both civil and criminal cases

Only federal courts that involve Only federal courts that involve witnesses and jurieswitnesses and juries

U.S. Court of AppealsU.S. Court of Appeals

People who lose in a District Court often People who lose in a District Court often appeal to the next highest level – A U.S. appeal to the next highest level – A U.S. court of appealscourt of appeals

Appeals courts review decisions made in Appeals courts review decisions made in lower district courts lower district courts

This is This is appellate jurisdiction appellate jurisdiction – the – the authority to hear a case appealed from a authority to hear a case appealed from a lower courtlower court


Lawyers usually appeal their clients Lawyers usually appeal their clients case when they feel the district court case when they feel the district court judge did not follow proper judge did not follow proper procedures or did not apply the law procedures or did not apply the law correctly.correctly.

Appeals may be based on new Appeals may be based on new evidence that could impact the evidence that could impact the verdict.verdict.

U.S. Court of Appeals OrganizationU.S. Court of Appeals Organization

The U.S. Court of Appeals have 12 The U.S. Court of Appeals have 12 circuits, circuits, or or particular geographic areas of jurisdiction around particular geographic areas of jurisdiction around the U.S.the U.S.

There is a 13There is a 13thth appeals court, the U.S. Court of appeals court, the U.S. Court of Appeals for the Federal Circuit.Appeals for the Federal Circuit.

Has nationwide jurisdiction in special cases—Has nationwide jurisdiction in special cases—international trade or patent lawinternational trade or patent law

Based in Washington, D.C. but can hear cases Based in Washington, D.C. but can hear cases from other parts of the countryfrom other parts of the country


Appeals courts do not hold trials; do Appeals courts do not hold trials; do not determine guilt or innocencenot determine guilt or innocence

Decide an appeal in three ways:Decide an appeal in three ways:

1.1. UpholdUphold the original decision the original decision

2.2. ReverseReverse the decision the decision

3.3. RemandRemand the case: send it back to the case: send it back to a lower court to be tried again.a lower court to be tried again.

U.S. Court of AppealsU.S. Court of Appeals A panel of three or more judges review the record A panel of three or more judges review the record

of the case and listen to arguments from both of the case and listen to arguments from both sides lawyers.sides lawyers.

Meet and make a decision by a majority voteMeet and make a decision by a majority vote

Judges do not decide guilt/innocence in a criminal Judges do not decide guilt/innocence in a criminal case or who wins in a civil case.case or who wins in a civil case.

Just rule on whether defendants rights were Just rule on whether defendants rights were protected and if he received a fair trial; decisions protected and if he received a fair trial; decisions are usually final.are usually final.


When the appeals courts make a decision, When the appeals courts make a decision, one judge has to write the opinion for the one judge has to write the opinion for the court.court.

The The opinionopinion offers a detailed explanation offers a detailed explanation of the legal thinking behind the court’s of the legal thinking behind the court’s decision.decision.

Opinion will set the precedent for all courts Opinion will set the precedent for all courts within the district.within the district.


The precedent gives guidance to The precedent gives guidance to other and future judges by offering a other and future judges by offering a model upon which they can base model upon which they can base their own decisions on similar cases.their own decisions on similar cases.

Precedent is a very powerful Precedent is a very powerful argument to use in court; judges and argument to use in court; judges and courts follow precedents in nearly all courts follow precedents in nearly all cases.cases.

Federal JudgesFederal Judges

Federal judges are the chief decision Federal judges are the chief decision makers in the judicial branch.makers in the judicial branch.

Over 650 judges who preside over all the Over 650 judges who preside over all the district courts; each district has at least 2 district courts; each district has at least 2 judges judges

District courts in high populated states have District courts in high populated states have more judges because there are more cases more judges because there are more cases to hear; Appeals court can range from 6-28 to hear; Appeals court can range from 6-28 judges; Supreme Court has 9 justicesjudges; Supreme Court has 9 justices

Selection ProcessSelection Process

Article II states that the President, with Article II states that the President, with advise and consent of the Senate, will advise and consent of the Senate, will appoint federal judges.appoint federal judges.

Constitution, however, does not set any Constitution, however, does not set any particular qualifications for federal judges.particular qualifications for federal judges.

President appoints judges who share same President appoints judges who share same ideas on politics and law; usually from ideas on politics and law; usually from same political partysame political party

Selection ProcessSelection Process Presidents usually follow a practice called Presidents usually follow a practice called

senatorial courtesy.senatorial courtesy.

President submits the name of a candidate to the President submits the name of a candidate to the senators from the candidates home state before senators from the candidates home state before submitting it to the entire senate for approval.submitting it to the entire senate for approval.

If either or both senators object to the candidate, If either or both senators object to the candidate, president will remove candidate’s name and president will remove candidate’s name and select a new one.select a new one.

Usually only applies to the district courts; not Usually only applies to the district courts; not court of appeals or Supreme Courtcourt of appeals or Supreme Court

Selection ProcessSelection Process

Once appointed, judges have Once appointed, judges have tenuretenure, or , or their jobs for life.their jobs for life.

Can only be removed through the process Can only be removed through the process of impeachment.of impeachment.

Framers wanted federal judges to have Framers wanted federal judges to have this sort of job security for the ability to this sort of job security for the ability to decide cases free from public or political decide cases free from public or political pressure.pressure.

Court OfficialsCourt Officials

Judges do not do all the work themselves.Judges do not do all the work themselves.

Each district court has Each district court has magistrate magistrate judges,judges, who take care of the routine work who take care of the routine work

Issue court orders (summons, subpoenas, Issue court orders (summons, subpoenas, search and arrest warrants); hear search and arrest warrants); hear preliminary evidence to determine if case preliminary evidence to determine if case should go to trial; determine bail for should go to trial; determine bail for accused individuals accused individuals

Court OfficialsCourt Officials Each judicial district has a Each judicial district has a U.S. AttorneyU.S. Attorney

Government lawyers who prosecute those Government lawyers who prosecute those accused of breaking federal lawsaccused of breaking federal laws

Look into complaints of a crime; prepare formal Look into complaints of a crime; prepare formal charges; present evidence in courtcharges; present evidence in court

Job is to represent the nation in civil cases in Job is to represent the nation in civil cases in which the government is involved; appointed to 4 which the government is involved; appointed to 4 year terms by the president and confirmed by the year terms by the president and confirmed by the SenateSenate

Court OfficialsCourt Officials

Each district has a U.S. MarshalEach district has a U.S. Marshal

Marshals and staff make arrests; Marshals and staff make arrests; collect fines; transport convicted collect fines; transport convicted people to prison;people to prison;

Also protect jurors; keep order in the Also protect jurors; keep order in the court; and serve legal papers court; and serve legal papers (subpoenas)(subpoenas)

Ch. 8.3: The Supreme CourtCh. 8.3: The Supreme Court The Supreme Courts main job is to decide The Supreme Courts main job is to decide

whether laws are allowable under the U.S. whether laws are allowable under the U.S. ConstitutionConstitution

Article III of the Constitution established the Article III of the Constitution established the boundaries of federal judicial powerboundaries of federal judicial power

For the most part, the Supreme Court has For the most part, the Supreme Court has appellate jurisdictionappellate jurisdiction, but does have , but does have original jurisdiction in 2 types of cases: original jurisdiction in 2 types of cases: cases involving diplomats from foreign cases involving diplomats from foreign countries; disputes between the statescountries; disputes between the states

JurisdictionJurisdiction The Supreme Court does not hear all the cases The Supreme Court does not hear all the cases

it receives, it chooses the cases it hears.it receives, it chooses the cases it hears.

Supreme Court has final authority in any case Supreme Court has final authority in any case involving: involving: the Constitution, acts of the Constitution, acts of Congress, and treaties with other Congress, and treaties with other nationsnations..

Decisions made are binding on all lower courts. Decisions made are binding on all lower courts.

If case is rejected, decision of the lower case If case is rejected, decision of the lower case must stand.must stand.

OrganizationOrganization

The Supreme Court consists of 9 justices: The Supreme Court consists of 9 justices: 8 associate justices and 1 chief justice 8 associate justices and 1 chief justice

One main duty to perform is after One main duty to perform is after reviewing a case, the justices have to reviewing a case, the justices have to write the court’s opinionwrite the court’s opinion

Remember the opinion of the court Remember the opinion of the court establishes precedent for the rest of the establishes precedent for the rest of the countrycountry

Selection of JusticesSelection of Justices

The president appoints Supreme Court The president appoints Supreme Court justice, with Senate approvaljustice, with Senate approval

The President’s decision to appoint can The President’s decision to appoint can be influenced by different groups:be influenced by different groups:

1.1. Justice Dept. (Attorney General)Justice Dept. (Attorney General)

2.2. American Bar AssociationAmerican Bar Association

3.3. Interest groupsInterest groups

4.4. Other Supreme Court justicesOther Supreme Court justices

BackgroundBackground

Supreme Court justices are always Supreme Court justices are always lawyers; practiced or taught law; served lawyers; practiced or taught law; served on lower courton lower court

Individuals get appointed to the bench Individuals get appointed to the bench because of a few factors:because of a few factors:

1.1. Successful law careerSuccessful law career

2.2. Political supportPolitical support

3.3. Same political and legal philosophy as Same political and legal philosophy as PresidentPresident

Powers of the CourtPowers of the Court

The legislative and executive The legislative and executive branches must follow Supreme Court branches must follow Supreme Court rulings.rulings.

Since the Court is removed from Since the Court is removed from politics and the influence of politics and the influence of politicians and interest groups, politicians and interest groups, parties involved with a case are likely parties involved with a case are likely to get a fair hearing.to get a fair hearing.

Judicial Review Judicial Review

The Court’s main job is to decide The Court’s main job is to decide whether laws and government whether laws and government actions are actions are constitutionalconstitutional, or , or allowed by the Constitution.allowed by the Constitution.

Court does this through Court does this through judicial judicial reviewreview—the power to say whether —the power to say whether any law or government action goes any law or government action goes against the Constitution.against the Constitution.

Judicial ReviewJudicial Review

The Constitution does not give the The Constitution does not give the Supreme Court the power of judicial Supreme Court the power of judicial reviewreview

Court claimed that power when it Court claimed that power when it decided the case decided the case Marbury v. MadisonMarbury v. Madison

Marbury v. MadisonMarbury v. Madison

As John Adams was leaving the As John Adams was leaving the presidency, he signed an order making presidency, he signed an order making many individuals federal judges including many individuals federal judges including William Marbury (Justice of the Peace)William Marbury (Justice of the Peace)

Incoming President Thomas Jefferson Incoming President Thomas Jefferson refused to carry out the order; without the refused to carry out the order; without the confirmation papers, Marbury does not confirmation papers, Marbury does not become a judge.become a judge.

Takes case to the Supreme CourtTakes case to the Supreme Court


Marbury’s main argument came through Marbury’s main argument came through the the Judiciary Act of 1789,Judiciary Act of 1789, in which he in which he asked for an issuing of asked for an issuing of Writ of MandamusWrit of Mandamus

Congress can grant the Supreme Court Congress can grant the Supreme Court original jurisdiction in which they can original jurisdiction in which they can order a government officer to perform order a government officer to perform mandatory duties (such as confirm mandatory duties (such as confirm judges)judges)


Remember, under Article III of the Remember, under Article III of the Constitution, the Supreme Court only has Constitution, the Supreme Court only has original jurisdiction in two types of cases: original jurisdiction in two types of cases: anything involving foreign diplomats and anything involving foreign diplomats and disputes between the states; anything else disputes between the states; anything else has to work its way through the appellate has to work its way through the appellate process.process.

Question: can Congress expand the Question: can Congress expand the original jurisdiction of the Supreme Court?original jurisdiction of the Supreme Court?


Chief Justice John Marshall decided Chief Justice John Marshall decided that Congress does not have the that Congress does not have the power to modify the Supreme Court’s power to modify the Supreme Court’s jurisdictionjurisdiction

Constitution and Judiciary Act of Constitution and Judiciary Act of 1789 conflict1789 conflict

Principles EstablishedPrinciples Established

In court’s opinion three principles are In court’s opinion three principles are established:established:

1.1. Constitution is the supreme law of the Constitution is the supreme law of the landland

2.2. If a law conflicts with the Constitution, If a law conflicts with the Constitution, Constitution rulesConstitution rules

3.3. The judicial branch has a duty to uphold The judicial branch has a duty to uphold the Constitution; ability to determine the Constitution; ability to determine when a law conflicts with the Constitution when a law conflicts with the Constitution and void that law (judicial review) and void that law (judicial review)

Judicial ReviewJudicial Review

This is a major check against the This is a major check against the other two branchesother two branches

It can declare if acts or executive It can declare if acts or executive orders are unconstitutionalorders are unconstitutional

Limits to the Court’s PowerLimits to the Court’s Power

The Court depends on the executive The Court depends on the executive branch and state and local officials to branch and state and local officials to enforce its decisions; usually they doenforce its decisions; usually they do

Exception: Worchester v. GeorgiaException: Worchester v. Georgia


Congress can get around a Court ruling by Congress can get around a Court ruling by passing a new law, changing a law ruled passing a new law, changing a law ruled unconstitutional, or amending the unconstitutional, or amending the ConstitutionConstitution

The President has the power to appoint The President has the power to appoint justices; Congress has the power to justices; Congress has the power to approve appointmentsapprove appointments

Congress can remove judges/justices Congress can remove judges/justices through the impeachment processthrough the impeachment process


The Court cannot rule in a case or The Court cannot rule in a case or decide if a law is unconstitutional decide if a law is unconstitutional unless the law has been challenged unless the law has been challenged in a lower court and the case comes in a lower court and the case comes to it on appealto it on appeal

The Court will accept only cases that The Court will accept only cases that involve a federal question.involve a federal question.

Ch. 8.4: Deciding Cases at the Ch. 8.4: Deciding Cases at the Supreme CourtSupreme Court

The Supreme Court conducts The Supreme Court conducts business each year during the business each year during the October Term: October-June.October Term: October-June.

Each month the justices spend two Each month the justices spend two weeks listening to oral arguments on weeks listening to oral arguments on cases and two weeks writing opinions cases and two weeks writing opinions and studying new cases.and studying new cases.

How Cases Reach the CourtHow Cases Reach the Court

The Court receives most of its cases The Court receives most of its cases on appeal from a lower courton appeal from a lower court

Sometimes a lower court asks for a Sometimes a lower court asks for a ruling because it is not sure how to ruling because it is not sure how to apply the law in a case. (apply the law in a case. (writ of writ of certioraricertiorari) which means to make ) which means to make more certain.more certain.

How Cases Reach the CourtHow Cases Reach the Court Of the more than 7000 applications each Of the more than 7000 applications each

year, the Court agrees to hear around 150.year, the Court agrees to hear around 150.

For a case to be accepted, 4 of 9 justices For a case to be accepted, 4 of 9 justices have to agree to review it.have to agree to review it.

Selected cases usually involve important Selected cases usually involve important constitutional issues and affect the entire constitutional issues and affect the entire nation.nation.

Once accepted, the case goes on the Court Once accepted, the case goes on the Court docketdocket, or calendar, or calendar

Steps in Decision MakingSteps in Decision Making

Each accepted case goes through 5 Each accepted case goes through 5 steps:steps:

1.1. Written Argument—lawyers for each Written Argument—lawyers for each side prepare a side prepare a brief, brief, written written document that one side’s position on document that one side’s position on the case. the case.

Justices take time to study the briefs Justices take time to study the briefs


2.2. Oral Arguments—lawyers for each Oral Arguments—lawyers for each side have 30 minutes each to side have 30 minutes each to summarize its casesummarize its case

During this time the justices have During this time the justices have the opportunity to ask the lawyers the opportunity to ask the lawyers very tough questions that the very tough questions that the lawyers have to be prepared to lawyers have to be prepared to answer about the case.answer about the case.


3.3. Conference—On Fridays, the justices get Conference—On Fridays, the justices get together to make their decisions on the together to make their decisions on the case; always held in secret; no audience; case; always held in secret; no audience; no meeting minutes are kept.no meeting minutes are kept.

The Chief Justice presides over the The Chief Justice presides over the discussiondiscussion

A majority, 5 of 9 decides the outcome of A majority, 5 of 9 decides the outcome of a case (at least 6 must be present for a a case (at least 6 must be present for a decision)decision)


4.4. Opinion Writing—once a decision has Opinion Writing—once a decision has been reached, one justice gets the job of been reached, one justice gets the job of writing the majority opinion.writing the majority opinion.

Majority opinion represents the views of Majority opinion represents the views of the majority of the justices on a casethe majority of the justices on a case

Opinion states the facts of the case, Opinion states the facts of the case, announces the ruling, and explains the announces the ruling, and explains the Court’s reasoning in reaching the Court’s reasoning in reaching the decision.decision.


Opinions are important because they Opinions are important because they establish the precedent for the lower establish the precedent for the lower courts to follow.courts to follow.

Justices who oppose the majority opinion Justices who oppose the majority opinion may write a may write a dissenting opinion.dissenting opinion.

A justice who agrees with the majority A justice who agrees with the majority decision, but for different reasons can decision, but for different reasons can write a write a concurring decision.concurring decision.


5.5. Announcement—Court announces Announcement—Court announces its decision, written copies reach its decision, written copies reach the news wire and the decision can the news wire and the decision can be read on the Supreme Courts’ be read on the Supreme Courts’ website.website.

Reasons for Court DecisionsReasons for Court Decisions

1.1. The LawThe Law Written law is the foundation for deciding Written law is the foundation for deciding

cases that come before the Supreme cases that come before the Supreme CourtCourt

The guiding principle is “stare decisis” The guiding principle is “stare decisis” which means let the decisionwhich means let the decision

Following precedent makes the law Following precedent makes the law predictable; at the same time law must predictable; at the same time law must be somewhat flexible to adapt to the be somewhat flexible to adapt to the changing times timeschanging times times


2.2. Changing Social Conditions—when Changing Social Conditions—when social conditions change in this social conditions change in this country, the Court may make new country, the Court may make new interpretations of the lawinterpretations of the law

Ex. Plessy v. Ferguson >>>>Brown Ex. Plessy v. Ferguson >>>>Brown v. Board of Ed.v. Board of Ed.


3.3. Differing Legal Views—some believe that Differing Legal Views—some believe that that the court should be active in the that the court should be active in the types of cases they hear. Other justices types of cases they hear. Other justices believe that the Court should be believe that the Court should be conservative in its use of judicial review.conservative in its use of judicial review.

4.4. Personal Beliefs—people see the world Personal Beliefs—people see the world based on their own experiences, based on their own experiences, decisions on cases sometimes reflect decisions on cases sometimes reflect thatthat

Documents

Ch. 8.1 The Federal Court System. Equal Justice for All Courts are meant to settle civil disputes between private parties, a private party v. the government,