Federal vs. State/local crimes
1.
2.
3.
4.
5.
Federal
Mail fraud
Kidnapping across
state lines
Auto theft across
state lines
Possessing
prescription drugs
w/o a prescription
Bank robbery
1.
2.
3.
4.
State/Local
Murder
Driving under the
Influence (DUI)
Rape
Illegal drug
use/possession
(shared w/federal)
Role of the Federal Courts
The Federal Courts use the law to
settle disputes and determine the
innocence or guilt of someone
accused of a crime
 Criminal:
A law has been broken, usually
results in PUNISHMENT if guilty (fine, prison)
 Civil: One person has caused damage to
another, resulting in a PENALTY if found
guilty ($ fines)
Equal Treatment
The goal of the Federal Court system is to treat
every person the same in the eyes of the law
•
•
People are presumed to be innocent until
proven guilty
•
•
Rights to fair & speedy trial, due process, etc…
May appeal rulings that they feel were unjust
Equal treatment has not always been the
case for some groups of people
Federal Court Basics
Congress has the authority to
create all Federal Courts
below the Supreme Court
Jurisdiction: Who has the
authority to hear a case?
 Does it go to a Federal Court
or a state court?
Federal Court Basics
The Federal Courts have jurisdiction if:
1.
2.
3.
4.
5.
6.
If there is a Constitutional issue involved
(ex: Free speech)
Someone is accused of violating Federal
Law
Crimes or lawsuits that arise on/related to
U.S controlled bodies of water
Somebody from one state sues someone
from another State
Disputes between two or more States
The Federal Government is a party in the
lawsuit
Types of Jurisdiction
Exclusive Jurisdiction: A case that can
ONLY be heard in one Court (Usually
describes Federal Court)
Concurrent Jurisdiction: Can be heard in
either a State or Federal Court
1.
2.
•
Civil cases involving residents of different states
3. Original Jurisdiction: The court that gets to
hear a case first
4. Appellate Jurisdiction: A court gets to hear
a case only if it has been appealed from
another lower court
Partner Questions
 Define
jurisdiction. Then explain the
difference between exclusive and
concurrent jurisdiction.
 What is meant by the words that are
inscribed on the United States Supreme
Court building: “Equal Justice Under
Law.”
Step 1: Federal District Courts


Created by Congress in 1789 to ease
workload on Supreme Court
Federal District Courts have ORIGINAL
JURISDICTION in most Federal cases



1st Court to hear most Federal cases
U.S. & territories broken into 94 districts,
each district has judges to hear cases
At least 1 district per state, some more
Step 1: Federal District Courts (Cont)

Facts:


Hear criminal (bank robbery,
etc…) and civil cases (federal
lawsuits)
Main trial courts in Federal
system


(hear more than 300,000 cases
per year)
One judge normally hears a
case, decided by a jury
Step 2: Federal Court of Appeals




Created by Congress in 1891 to ease
workload on Supreme Court
Hear cases that have been appealed
from district courts (appellate
jurisdiction ONLY)
U.S. broken down into 12 smaller
groups called Circuits
Each circuit has a “Federal Circuit
Court of Appeals”
Step 2: Federal Court of Appeals (Cont)

FACTS:



Most cases decided by a panel of 3
judges
Can ONLY hear a case if it is
appealed
Making a decision

Courts of Appeals do not hold trials, instead


Either uphold ruling of the lower court
Overturn lower court ruling
Step 2: Federal Court of Appeals (Cont)
Announcing decisions

One judge writes the official
opinion of the court


Written explanation of the Court’s
decision
These opinions set Precedent, a
standard that can be used to rule
on future cases over a similar
topic
Partner Questions
How
did the federal court
system develop?
Why do you think federal courts
rule on disputes between
states? What would be an
example of such a case?
Structure of Federal Courts
Using
your notes and structure of
federal courts handout, explain the
three levels of the Judicial Branch
and how the Judicial Branch has
grown over time.
Write your answer on a separate
sheet of paper. It should be at
least two paragraphs.
Selecting Judges

President allowed to name Federal judges
with consent of the Senate


President usually looks for judges who have
similar beliefs from same party
Senatorial Courtesy is often followed for
district court judges


Senators from the candidate’s state are asked
their thoughts
If they disapprove, a new candidate is chosen
Other Court Officials

Magistrate judges: Take care of routine work


U.S. Attorney: Government lawyers



Issue warrants, preliminary hearings, bail
Prosecute those charged w/Federal crimes
Investigate complaints
U.S. Marshal: Serve subpoenas, take the
convicted to prison
The Supreme Court
Highest Court in the U.S
Jurisdiction: Original jurisdiction over cases
involving diplomats in foreign countries & in
disputes between states
All other cases, the Supreme Court has appellate
jurisdiction (only hears appeals)
 Supreme Court does not hear all cases it
receives
 Decisions of the Court are final
The Supreme Court
Organization of the Court:

Chief Justice of the Supreme Court & 8 Associate
Justices
Selection:

President nominates w/Senate approval

Often choose candidates that they believe will be
approved by Senate
Background of Justices:


Justices are former lawyers & judges
1st African American justice 1967, 1st female 1981
The Supreme Court
Powers of the Court:

Judicial Review: The court can review any
Federal, State, Local law before it to decide
if it is allowed by the Constitution


Sets aside those that are in violation
Marbury v. Madison case:

Court case that established the power of judicial
review
2014 Voters’ Guide
Identify
two elections that are
related or connected to the
Judicial Branch.
Explain how the two elections
are related or connected to
the Judicial Branch.
Everyone
from
now on stays until
the end of class.
The Supreme Court
Limits on the Supreme Court:
 Court can rule on an issue, but
depends on Executive & Legislative
to follow rulings

Court can only rule on cases
brought before it (actual legal
disputes)
The Supreme Court
How cases reach the Supreme Court:



The 9 justices look at the possible cases,
& if 4 approve, they will hear the case
(rule of 4)
Docket: official calendar/schedule of
cases for the Court to hear
(2006) 8,900 cases appealed to the S.C.
 67
hearings & full opinions, only decided a few
hundred cases total
The Supreme Court
Deciding Cases:


Written Arguments: After accepting a
case, lawyers from each side submit
briefs, or written explanation of that side
of the case
Oral Arguments: Lawyers from each side
present their case to the Supreme court
 30
minutes per side, justices can ask tough
questions
Conference
On
Fridays the justices get together to
make their decision on the case
Meetings are held in secret.
A majority (5 votes) decide a case.
At least 6 justices need to be present
to vote on a case.
The Supreme Court
Deciding Cases:




Opinion Writing: Court issues a ruling
Majority Opinion: Official ruling of the court,
explains the ruling and how they came to
that decision
Concurrent Opinion: Written by a justice
who agrees with the majority opinion, but
has slightly different reasons
Dissenting Opinion: Justices who disagree
with the majority can write why they disagree
Reasons for decisions
Law
Precedents
Social
Atmosphere
Justices’ own legal and
personal views