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The Judicial Branch
Chapter 18
Part 1
What is the US Court System?
Basic Vocabulary• Jurisdiction: the limits or territory within which authority
may be exercised • Circuit: The area or district covered under the jurisdiction
of a judge • Plaintiff: person who files the suit• Defendant: person whom the complaint is against• Docket: list of cases to be heard in a court• Appeals: The transfer of a case from a lower to a higher
court for a new hearing• Habeas Corpus: “unlawful detention” a person under arrest
must be seen by a judge.• Writ: Legal action
Types of Jurisdiction
• Exclusive:– Cases only heard in
either the State or Federal Courts
• Concurrent:– Cases that can be heard
in either the State or Federal Courts
• Original: – The court in which a
case is first heard
• Appellate:– A court that hears a case
on appeal from a lower court
2 Separate Court systems in the US
National/Federal
120 Courts throughout the Country
State
Each state has their own system
They hear most of the cases
Federal vs. State Jurisdiction State Federal
• Cases involving state laws• Family law issues• Real property issues• Most private contract disputes• most professional malpractice issues• most personal injury lawsuits• Most workers’ injury claims• Probate and inheritance matters• Most traffic violations and registration of vehicles
•Crimes under statuses enacted by congress•Most cases involving federal laws•Matters involving interstate and international commerce•Cases involving securities and commodities regulations•Patent, copyright and other intellectual property issues•Cases involving rights under treaties•Bankruptcy matters•Disputes between states•Habeas Corpus actions•Traffic violations on certain federal properties
Federal Courts broken down further
Supreme Court (Created by the Constitution
Inferior Courts (Created by Congress)
Constitutional Courts Special Courts
Constitutional Courts
• Federal courts that Congress has formed under Article III
• “Judicial Power of the United States”• Includes:– 94 District Courts– 12 US Courts of Appeals– US Courts of Appeals for the federal Circuit– US Court of International Trade
Special Courts
• Created to hear cases arising out of the expressed powers of congress
• More narrow range• Includes:– US court of Federal claims– Territorial Courts– Courts of DC– US Tax Court– US Court of Appeals for Armed Forces– US Court of Appeals for veterans claims
Part 2
Judges
Basics
• Why does the Judicial branch need to be more or less independent from political parties?
• President with the Senates help chooses federal judges– Usually whomever the Senate from the state where
the judge will serve is nominated• Anyone can be chosen– Usually: lawyer, legal scholars, law school professors,
former members of congress, state court judges
Two types of judges
• Judicial activists:– Believe they should use their position to promote
desirable social ends• Judicial restraint:– Believes in making decisions judges should defer
to the actions of the executive and legislative branch
Terms
• Supreme Court Justices serve for life– Removed by impeachment
• Constitutional Court Justices serve for life– Removed by impeachment
• Special Court Judges serve for a certain term length
Court Officers
• Judge: – With clerks, bailiffs, court reporters etc
• Magistrate:– Appointed by district court judge (400)– 8 year term– Do smaller things that the judge doesn’t have time for
• Bankruptcy Judge:– Each federal district has at least 1 (350)– 14 year term
• US attorney:– President and Senate appoints 1 for each district– The Government’s prosecutor
Part 3
Inferior Courts
Federal District Courts300,000 cases a year
Federal Courts of Appeals55,000 cases a year
US Supreme Court100 cases a year
8000cases
1. The District Courts
• Created by the Judicial act of 1789
Federal Judicial Districts
• 89 Federal Judicial Districts – Each state has at least 1– A district may have several judges
• Cases are heard by either 1 judge or a 3 judge panel
• Original Jurisdiction over most federal cases – Both criminal and civil cases
• If appealed it goes to the court of appeals for that judicial circuit
2. The Courts of Appeals
• Created by Congress in 1891– Used to relieve some of the burden on the Supreme
Court (gatekeepers)• 12 courts of appeal– Judicial Circuits
• 179 judges and a Supreme Court Justice is assigned to one of the circuits– 3 judge panel (sometimes all of them)
• Decisions are final unless the Supreme Court decides to hear the case
US Supreme Court
• 94 District Courts• Courts of DC
• Territorial Courts• US Tax Courts
12 US Courts of Appeals
Appeals from Highest State
Courts
US Court of Appeals for the Armed Forces
Military Courts
US Court of Appeals for the Federal
Circuit
• US Court of International Trade
• US Court of Federal Claims
• US Court of Appeals for Veterans Claims
Other Constitutional Courts
• Court of International trade– 9 judges – Civil cases from tariffs and other trade issues
• Court of Appeals for the Federal Circuit– 12 judges – Nationwide jurisdiction
Part 4
The Supreme Court
Basics
• Only court specifically created by the Constitution
• Judicial Review– The deciding if something is constitutional or not– Marbury v. Madison
John Roberts• Chief Justice since 2005
•Appointed by George W. Bush• US Court of Appeals for DC
Clarence Thomas• Associate Justice since 1991•Appointed by George H. W. Bush• US Court of Appeals for DC
Ruth Bader Ginsburg• Associate Justice since 1993• Appointed by Bill Clinton• US Court of Appeals for DC
Stephen Breyer• Associate Justice since 1994• Appointed by Bill Clinton
•US Court of Appeals for the 1st Circuit
Anthony Kennedy• Associate Justice since 1988• Appointed by Gerald Ford
• US Court of Appeals for the 9th Circuit
Samuel Alito• Associate Justice since 2006•Appointed by George W. Bush•US Court of Appeals for the 3rd
Circuit
Sonia Sotomayor• Associate Justice since 2009• Appointed by Barack Obama• US Court of Appeals for the
2nd circuit
Elena Kagan• Associate Justice since 2010• Appointed by Barack Obama• Solicitor General of the US
Antonin Scalia• Associate Justice since 1986• Appointed by Ronald Reagan• US Court of Appeals for DC
Jurisdiction
• Both appellate and original jurisdiction– Most are appellate
• 2 types of cases can be heard as original jurisdiction– Those in which the state is the party– Those affecting ambassadors, or other public
ministers and consuls
The Rule of Four
• How they choose cases to hear– At least 4 of the 9 Justices must agree that the
case should be put on the docket• Most cases reach the Supreme Court by – Writ of Certiorari – An order by the court directing the lower court to
send up the record in a given case for its review • Most writ are denied by the Sfupreme Court
How the Supreme Court Operates
1. The Supreme Court accepts a case and sets a date– 2 week cycles• Hear cases for two weeks and then recess to consider
the cases for two weeks
– Oral arguments• Limited to 30 minutes• Briefs: written documents filed before the oral
arguments
2. Solicitor General: The Attorney for the US
3. Conference– Consider the Cases they heard– Chief Justice in charge
4. Opinion– After a vote and decision is made it is written in
the form of an opinion– Chief Justice assigns who writes the courts opinion
Types of Opinions
• Majority Opinion:– This is the opinion of the court.– The Ruling– Precedents: examples for lower courts
• Concurring Opinion:– Add or emphasize a point from the Majority Opinion
• Dissenting Opinion:– Written by those Justices who don’t agree with the
Majority
Part 5
Rights of the Accused
• “It is better that ten guilty persons go free than that one innocent person be punished”
• Any person who is suspected or accused of a crime is innocent until proven guilty
• To make sure this happens an accused person has a number of rights: – Habeas Corpus– Bills of Attainder – Ex Post Facto – Grand Jury– Double Jeopardy– Speedy and Public Trial– Trial By Jury– Right to an Adequate Defense– Self -Incrimination
1. Habeas Corpus
• Prevent unjust arrests and imprisonments• Person must be taken before the court and
just cause must be shown why they are being accused
• Lincoln suspended the Writ of Habeas Corpus in 1861– Taney: Unconstitutional– New law: Habeas Corpus Act– 1866: Unconstitutional again
2. Bills of Attainder
• A legislative act that inflicts punishment without a court trial– Neither Congress nor the States are allowed to do
this• Legislative branch can define laws but not
declare someone guilty– Keeps people from being punished without a trial
3. Ex Post Facto Laws
• A law passed after the fact– A criminal law, one defining a crime or providing
for its punishment– Applies to an act committed before its passage– Works to the disadvantage of the accused
• Neither Congress nor States can pass such laws
4. Grand Jury
• The formal device by which a person can be accused of a serious crime
• 16-23 people with a vote of 12 to bring and indictment– Indictment: a formal complaint that the
prosecutor lays before a grand jury• Only the prosecution is present• Protect the accused from over zealous
prosecutors
5. Double Jeopardy
• Once a person has been tried for a crime they cannot be tried again for the same crime – Exception Federal vs state– If it is a hung jury
• Protect the accused from having to go back to trail over and over again
6. Speedy and Public Trial
• The government will try someone without undue delay and it a public trial
• Protects the accused from– Being arrested and sitting in jail for years with no
idea when your trial will be– The government doing something shady and not
being held accountable• Can’t be too speedy or too public
7. Trial by jury
• Impartial jury• Trial jury is often called a petit jury• The trial is held where the accused did the
crime• Defendant may request a bench trial– No jury only the judge hears the case
8. Right to an adequate defense
• The accused has the right to the best possible defense that circumstances will allow
• Defendants have the right to– Be informed of the nature and cause of the
accusation– To be confronted with the witnesses against him– To have compulsory process for obtaining
witnesses in his favor– To have the Assistance of counsel for his defense
9. Self-Incrimination
• No person can be compelled in any criminal case to be a witness against himself
• The prosecution has the burden of proof in criminal cases
• Miranda v. Arizona– Right to remain silent– Anything you say may be used against you– Right to an attorney– One will be provided if they can’t afford it– May end police questioning at any time
Part 6
Almost finished
You must know judicial review!!!!
• Constitutionality• Marbury vs. Madison
You must know Due Process
• The Federal Government cannot deprive any person of “life, liberty, or property, without due process of law.” 5th amendment
• 14th amendment puts the same restrictions on States and Local Governments
• Due process is defined on a case by case basis