Federal Court System
The Role of Precedence
The Federal Courts
• Three level system:
– District
– Court of Appeals
– Supreme Court
• The federal courts hear cases; their verdicts set
precedence
– Precedence influences how future cases will be
decided
• It also interprets the constitution and the numerous
controversial clauses
• It can be reversed by new cases that change or create new
precedence.
Types of Jurisdiction
• Original
– First Court to hear and decide case
• Exclusive
– Only that court can hear the case
• Concurrent
– Both levels of governments can hear and decide
case
• Appellate
– Hear and decide a case from a lower court
Jurisdiction: Article III
• Federal Courts have exclusive jurisdiction:
– The Constitution
– Federal Laws
– Disputes between states
– Citizens from Different States
– Cases involving Federal Government
– Foreign Governments and Treaties
– Admiralty and Maritime Laws
– US Diplomats
Organization
• District Courts
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Holds most original jurisdiction
94 district courts
Each state has at least one
Trial courts for both criminal and
civil matters
– Goal is to determine facts of case
– Only court with juries, witnesses,
and reach verdicts
• US Court Appeals
– Appellate Jurisdiction
– Reviews decisions made in lower
courts
– Looks at procedure, not facts of
case
– Looks to see if rights of defendant
– Will consider new evidence
– 12 courts that are in charge
geographic districts
– 13th is for entire nation that sees
special cases
– Do not hold trials
– Decide a case in 3 ways:
• Up hold a decision
• Reverse
• Or remand-send back to lower court
for retrial
Judges
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Chief Justice: appointed by president
and confirmed by Senate. There is no
requirement such as tenure as
associate judge.
Associate judges are appointed by
president and confirmed by Senate
There are currently nine associate
justices and one chief justice
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– Congress has the power to change the
number of judges.
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There are no qualifications to be a
judge but most have been trained in
law.
There is no term limit
– “shall hold their offices in good
behavior”
– This means they have it for life unless
they retire or are impeached by
Congress
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How does the design of the Supreme
Court , specifically the structure of
the terms, execute the four main
functions of government? Think
about what it protects the court
from!
What checks and balances on the
judicial branch are apparent in this
slide?
Jurisdiction
• Original
– Disputes between states
– Involving diplomats from foreign countries
– Why is it important for the S.C. to have original jurisdiction in the
above areas? (think functions of government)
• Appellate
– Any case appealed that involves:
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Federal law
US Government
Citizens from different states
The Constitution
US Diplomats
Admiralty and Maritime Laws
– How does appellate jurisdiction influence your natural, civil, and
legal rights?
Powers and Limitations
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Judicial Review
– Courts review the constitutionality of a law
or executive action; if found
unconstitutional a law or action is nullified
or canceled
– Marbury Versus Madison established three
principles that gave the Supreme Court the
power to review the constitutionality of
law
• Constitution is Supreme Law of Land
• If there is a disagreement between
Constitution and any other law, the
Constitution wins
• Judicial Branch’s job is to uphold
Constitution; thus, judicial review
– How does judicial review help the judicial
branch execute the four main functions of
government?
– How much authority does it give them
over your rights?
• The Supreme Court is limited by
its need of enforcement, for it
depends on the executive branch
to enforce rulings
• Congress may go around a ruling
by making a new law or changing
the old one
• States can always amend the
constitution to make something
constitutional.
• Finally it is limited by its own
jurisdiction and the fact that it
can only hear a case that comes
to it.
• Should the S.C. be limited; why?
Supreme Court at Work
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Court Procedures
– A term refers to the nine month
period beginning in October in which
cases are heard
– Court hears a case if four of nine
justices agree to hear it
– Cases that are heard go onto a
docket-calendar.
– A caseload refers to the number of
cases scheduled and heard for a term
– Types of Cases
• Deal with Constitutional
Questions
• Involve real disputes with
adversaries
• Involve legal rather than political
questions and deal with entire
nation not a state or region
• Writ of Certiorari-directs a lower
court to send its records on a
case for review.
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Steps in Making a Decision
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Written Arguments: lawyers prepare a brief
(written document that explains one position)
. Justices study the briefs.
Oral Arguments: Next, lawyers for each side
present oral arguments; each side only gets
30 minutes to present case; justices typically
ask tough questions
Conference: Fridays the justices get together
to make their first decisions about the cases
they have been studying ; they are secret
meetings; it takes five judges for a majority; at
least six justices have to be present.
Opinion Writing: One judge writes the
majority opinion (presents majority opinion);
Concurring opinion (agrees with majority but
for different reasons) ; Dissenting opinion:
oppose decision
Announcement: Once opinion writing is
completed, Court announces its decision; the
opinions are used to guide new court cases;
the majority opinion creates precedent.
Should the S.C. be so tightly procedural; why
or why not?
Reason For Decisions
• The Law
– It is the foundation for deciding a case.
– Stare Decisis: “let the decision stand” refers to the ability of precedent to
make the law predictable by guiding future cases and legislation
• Changing Social Conditions
– As the times change, law and its interpretation changes along with it, for
just the constitution must adapt to the times, so must the law and
precedent
– Examples; Plessey v Fergusson overturned by Brown v Board of Education
• Differing Legal Views
– Different judges have varying views of the law and the role of the court;
some view judicial review as sweeping tool to affect change and check the
other branches, while others feel it should be used sparingly
• Personal Beliefs
– Justices are people and therefore carry into their judgments their own
experiences and biases
Landmark Cases: How are these evidence of the essential
questions; how may you use this in an short answer response
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Federal Power
– Marbury v Madison (1803)
• Established Supreme Courts
power of Judicial Review
– McCulloch v Maryland (1819)
• affirmed supremacy clause
– Gibbons v. Ogden
• Established that Congress has
sole authority to regulate
commerce
Civil Liberties
– Brown V Board of Education (1954)
• Overturned separate but equal
– Reed v Reed (1971)
• State laws that discriminated
against women were
unconstitutional
– Roe v Wade (1973)
• Legalized a women’s right to
abortion under certain
circumstances
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First Amendment Rights
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Brandenburg v Ohio (1969)
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Near v Minnesota (1931)
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Public school starting the day with a prayer
violated the establishment clause
United States v. Eichman (1960)
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Reinforced peaceable assembly and association
protection of the first amendment
Engel v. Vitale (1962)
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Ruled against censorship of information,
defining prior restraint of written material as
unconstitutional
DeJonge v. Oregon (1937)
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Expanded political speech by allowing all,
unless it led to immediate lawless behavior
Struck down Federal Flag Protection Act; flag
burning is a form of free speech
Rights of the Accused
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Gideon v. Wainwright (1963)
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A person accused of a major crime had the
right to legal council during trial
Miranda v. Arizona (1966)
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At time of an arrest a suspect cannot be
question until informed of their legal rights