Article III
The Judicial
Department
Establishes
Supreme Court
Judicial Review
Highest Court in the
Federal Government.
– Hear appeals from
lower courts
Final say in all
matters (ex:
reviewing laws)
dealing with the
United States
Constitution
Also
Authorizes Congress to
create ALL US Courts
BELOW Supreme Court
2nd Type –
Article I or
Legislative Courts
-
Type –
Article III
Courts
1st
United States Court of Appeals
13 Appellate Courts – 12 Regional Circuits
United
States
Court of
International
Trade
United
States Tax
Court
Magistrate Courts
Bankruptcy
Courts – 1 per
district
Article III Courts – Basics
• Derive power from Constitution
• All Judges are appointed by the President
of the United States with the advice and
consent of the Senate
• Hold Office during good behavior for LIFE
Article III Courts – Basics
Jurisdiction?  Section 2 of US Constitution
*Cases that arise under the Constitution
*Laws of United States
*Treaties made with authority of US
*Civil Cases – residents of different States and amt > $75,000 (set
by federal law)
*Suits between States
*Bankruptcy
*Patent, copyright, and trademark cases
*Securities and banking regulation
*Cases involving ambassadors or other high-ranking public
figures
*Federal Crimes (treason, piracy, counterfeiting, crimes against
the law of nations and crimes relating to the federal
government’s authority to regulate interstate commerce)
*most crimes are State matters
Federal Courts (Type I)
U.S. District Courts
• 94 federal judicial districts
• Every State has at least 1
Judge Arthur J. Schwab
– PA – 3 Districts
• Eastern – Philadelphia
• Middle – Scranton, Harrisburg,
Williamsport, and Wilkes-Barre
• Western – Erie, Johnstown,
and Pittsburgh
•
The trial, which is set to begin TODAY
(12/14) will determine whether Starr
Insurance Company can cancel its policy
issued to Heinz based on material
misrepresentations or omissions in Heinz’s
Trial Courts (or courts of
application. If the policy is rescinded,
potential coverage of $25 million for claims
Original Jurisdiction)
involving lead contaminated baby cereal
– Hear CIVIL AND CRIMINAL
that Heinz sold in China would be negated.
CASES
The dispute concerns Heinz’s claim for
– JUDGE determines issues of
coverage under a Starr product
US Post Office
andfor
Courthouse-policy
losses - Starr
law while the JURY (or JUDGE contamination
Pittsburgh
denied
coverage for the claim and Heinz filed a
sitting without a jury)
determines findings of fact
complaint for breach of contract, declaratory
judgment and bad faith.
Federal Courts (Type 1)
US Circuit Courts of Appeal
 13 Courts in the US
 Divided into 12 regional circuits in various
cities throughout the country
 13th – Washington D.C.
 Any party (except if found not guilty) who is
dissatisfied with the judgment of the US
District Court may appeal
 Panel of 3 Judges
Federal Courts (Type 1)
Supreme Court
 Only 1 (Washington D.C.)
 Composed of 9 Judges
(JUSTICES)
 Presided over by a CHIEF
JUSTICE
 Parties who are NOT
satisfied with the decision of
a US Circuit Court of Appeal
(rare cases – US District
Court) or a State Supreme
Court* can petition the US
Supreme Court to hear the
case
Federal Courts (Type 1)
Supreme Court con’t
 Court can decide whether or not to
accept the cases
 ACCEPT 100- 150 of the some
7000 cases it is asked to hear for
argument per year
 How decided?
 4 JUSTICES MUST
AGREE TO HEAR THE
CASE
Primarily an APPELLATE COURT
- HOWEVER court does have originally
jurisdiction over cases involving ambassadors
and two or more states
Supreme Court today
(from left) Clarence Thomas, Sonia Sotomayor, Antonin Scalia, Stephen Breyer, Chief
Justice John Roberts, Samuel Alito, Anthony Kennedy, Elena Kagan and Ruth Bader
Ginsburg.
NAME
APPOINTED BY
LEANING?
Clarence
Thomas
George HW Bush (91)
Right
NAME
APPOINTED BY
LEANING?
Antonin
Scalia
Ronald Reagan (86)
Right
NAME
APPOINTED BY
LEANING?
John Roberts
(Chief Justice)
George W. Bush (05)
Right
NAME
APPOINTED BY
LEANING?
Anthony
Kennedy
Ronald Reagan (88)
Moderate
NAME
APPOINTED BY
LEANING?
Ruth Bader
Ginsburg
Bill Clinton (93)
Left
NAME
APPOINTED BY
LEANING?
Sonia
Sotomayor
Barack Obama (09)
Left
NAME
APPOINTED BY
LEANING?
Stephen Breyer
Bill Clinton (94)
Left
NAME
APPOINTED BY
LEANING?
Samuel Alito
George W. Bush (06)
Right
NAME
APPOINTED BY
LEANING?
Elena Kagan
Barack Obama (10)
Moderate
How do you get to the Supreme Court? Qualifications?
No constitutional
requirements
Informal Qualifications:
• Good standing in the state bar (>5 yrs)
• Practicing trial attorney and/or trial judge (>12
yrs)
• Competent citizen of good character, integrity,
reason, intelligence, and judgment
• Distinguished accomplishments
President USUALLY take the
recommendation and
evaluation of the ABA’s
Standing Committee on the
Federal Judiciary
Have to be experts on the
Constitution,
Constitutional law, and
federal law
all past and present
members of the Supreme
Court have been attorneys
• Supreme Court nominees are political
appointments.
– Not easy…Sometimes they don’t get
past the background checks or Senate
questioning!
Anita Hill
testified in
1991 about
claims of
sexual
advances from
then-Supreme
Court nominee
Clarence
Thomas
.
Close But DENIED Example
Bush nominated
Harriet Miers (2005)
Miers was widely
perceived as
unqualified for the
position
- Later emerged that At Miers' request, Bush withdrew
her nomination on October 27
she had allowed her
law license to lapse for
a time. The nomination
was immediately
attacked by politicians
4 days later, Bush nominated
and commentators
Samuel Alito to the seat.
(both sides)
- was confirmed in 2006
Supreme Court hears Constitutional
Issues that can affect the entire country
Marbury v. Madison
1803
Supreme Court hears Constitutional
Issues that can affect the entire country
Interpret the Constitution • Case Established
Judicial Review
– forever after the
Supreme Court has
had the power to rule
laws unconstitutional
(void acts of
Congress)
BEFORE – this power
Marbury v. Madison
1803
was NOT given in
Constitution
Only  Original and
Appellate Jurisdiction
For Example –
The Second Amendment

A well regulated Militia, being necessary to the
security of a free State, the right of the people to
keep and bear Arms, shall not be infringed.
“right of the people to keep and
bear arms” - understood

But what was meant by
adding “well-regulated
militia” and “necessary
to the security of a free
state”?


Does it mean that you
can only carry arms if you
are in the militia?
Can guns only be used
for national defense, or
does that mean selfdefense?
“right of the people to keep and bear arms”
Is the militia in 2014 mean the
same thing as it did in 1787?
 CENTRAL ARGUMENT!

 Whether
people have
a right to bear arms as
INDIVIDUALS, rather
than just as part of an
official militia.
Collective Rights v. Individual Rights:

Some think the 2nd
Amendment was designed
ONLY to protect the rights
of the states to have
militias.
 NOT the right of
individuals to bear arms
for their own selfdefense.
 “well-regulated militia”
and “security of a free
state” prove their point.

Restrictions on hunting
and self-defense.
What happens if Congress
passes a Federal Law
concerning the Amendment
and someone disagrees with
it (or is charged under it)?
THEN Supreme Court
steps in and does it thing!
Abramski v. United States
-report from the AP
A federal gun law on "straw purchases" has been
upheld by the U.S. Supreme Court, preventing buyers
from purchasing a gun just to transfer it to someone
else.
In a 5-4 decision, the High Court determined that
even if the ultimate recipient of the firearm is legally
permitted to own a gun, federal laws intended to
prevent sham transactions known as "straw
purchases" are still valid
Purchased a gun in Virginia
using his police discount with
the intention of transferring it
to his uncle in Pennsylvania.
Bruce Abramski
On a form required by federal regulations,
Abramski falsely answered that he was the "actual
buyer" of the gun and was convicted for making
false statements under this "straw purchaser" law
(18 U.S.C. 922(a)(6)).
Under the age of 18 for long guns
Under the age of 21 for hand guns.
Argued that the federal law wasn't
concerned with "straw purchasers"
Been committed to any mental institution for inpatient care and treatment
and even if it was, his uncle could
Alegally
person whopurchase
is the subject a
of gun
an active
from abuse order
forprotection
himself.
An unlawful user of, or addicted to, any controlled substance.
Discharged from the Armed Forces under dishonorable conditions
Despite the fact that the federal law in question didn't
Has renounced his US citizenship.
contain
the phrase "actual purchaser," the Supreme Court
was
Congress' intent
this federal
Ever convinced
been convictedthat
of a misdemeanor
crime of of
domestic
violence gun law
was to know who would eventually own them. In order to
keep guns out of the hands of felons and prohibited buyers,
it seems perfectly reasonable to prevent "straw purchasers"
from concealing the actual purchaser, the Court explained.
• After all, what would be the point of a gun background
check if the actual purchaser could just avoid it by having
a "straw" buyer pick up the gun?
OK...all lies on federal forms aside,
what really matters is that the
actual purchaser is legally allowed
to own a gun.
After all,
thestatute
uncle could
have
The
establishes
an
purchased
the gun legally
elaborate
systemontohis
verify a
own, butwould-be
his nephew
wanted
to
gun
purchaser’s
get him that sweet police discount
identity and check on his
background.
Doesn't Matter
If Actual Purchaser Is Legit
It also requires that the
I’m not
Justice Kagan
writing for the
majority
buying it…
information
so Court's
gathered
go
• Even when the
actual
purchaser
could legally own
into
a dealer’s
permanent
the gun, the straw
purchaser is nonetheless
records.
preventing the gun dealer from complying with
federal law which requires documenting the true
owner and running a background check.
• This is what the
Majority was
looking at 
Regarding straw purchases, Form 4473 is clear.
You can’t acquire a firearm “on behalf” of
another person.
• On behalf implies you are standing in for
another.
• As far as straw purchases go, you stand in
for someone. You are the original buyer, yet
you have no intent to own the gun. Your intent
is to act as the agent. It is this intent that
matters in straw purchase prosecutions.
More details on the case
Abramski had previously been a policeman but had been fired
from the Roanoke, Va., police department for alleged theft.
After he was cleared by the federal database, Abramski gave
the gun to his uncle, deposited the uncle's $400 check, and
gave him a receipt.
Police later found the receipt after searching Abramski's home
in connection with another crime (bank robbery)
WHICH MEANS….
NOT A
GIFT
There’s no federal law that prohibits a gift of a
firearm to a relative or friend that lives in your
home state. Abramski v. United States, a recent
Supreme Court decision involving a “straw
purchase” of a firearm did not change the law
regarding firearms as gifts.
Why the law in the first place?
Add to the more than 20,000
different gun laws on the books
• ATF found that straw
purchasing was the most
common channel of illegal gun
trafficking, accounting for
almost one-half (46%) of all
investigations, and
associated with nearly
26,000 illegally trafficked
firearms.
Target – Gun Shows
ATF investigations at gun
shows from 2004 – 2006
uncovered “widespread”
straw purchasing at shows,
where guns were diverted to
“convicted felons and local
and international gangs
However - "gun show loophole,"
most states do not require
background checks for firearms
purchased at gun shows from
private individuals -- federal law
only requires licensed dealers to
conduct checks
Violations of dealer
record keeping
requirements are
punishable by a
penalty of up to
$1000 and one
year`s imprisonment
I am in agreement with
wisdom of a straw
purchase ban
BUT Wording of the Law
Writing for the four
dissenters, Justice Scalia
accused the court majority
of making it "a federal
The purchaser at the
time is the legal
purchaser
crime for one lawful
gun owner to buy a gun
for another lawful gun
owner."
Nothing in existing law that
Congress enacted to
support the majority’s straw
purchase ban
Pennsylvania (and other States)
Program…
•
https://www.youtube.com/watch?v=RYxmwhDkaaY
Inter-family
transfers
Remember, you can never transfer
a firearm directly to another person
who is a resident of a different
• Again, in most states,
there’s no law
state.
that
sayscase,
you can’t,
some
states the
In that
you but
must
transfer
require even inter-family transfers to go
firearm through a licensed dealer
through a licensed dealer.
in the state where the person
receiving the gift resides
Federal Courts (Type 1)
Special Article III Courts
 US Court of Federal Claims
 Washington D.C.
 Cases AGAINST the Government
 US Court of International Trade
 New York
 Cases involving tariffs and
international trade disputes
Article I or Legislative Courts –
Basics
Created pursuant to the authority given to
Congress in Article I, Section 8, Clause 9 - “to
constitute Tribunals inferior to the Supreme
Court
Judges are appointed by the President of the
United States with the advice and consent of
the Senate
*Hold office - SET NUMBER OF YEARS (15 yrs)
Federal Courts (Type 2)
Special Courts Created by Congress
 FEDERAL Magistrate Judges
 Handle certain criminal and civil matters w/ consent
of both parties
 Magistrate judges are assigned duties by the district
judges in the district in which they serve.
 May preside over most phases of federal proceedings, except
for criminal felony trials.
Reduce the
workload of
federal
courts
Federal Courts (Type 2)
Ex: Initial Appearance – as soon as possible after arrest – advises of
rights, financial ability to hire lawyer, bond
Ex: Detention Hearing – Evidence about the accused’s risk of flight, danger
to community (detained or released before trial)
Ex: A preliminary hearing – Should Government bring criminal charges?
Option 1 -. The judge (hearing from both parties and questions witnesses)
then makes the ultimate finding of probable cause.
Option 2 - The grand jury then decides whether sufficient evidence has been
presented to indict the defendant.
Ex: Pre-Trial Motions and petitions
Suppression of evidence – guns or drugs seized in search,
statements (confession)
Ex: Arraignment – read the charges against the person, enter plea
Hon. Susan Paradise
Baxter (Erie)
Hon. Cynthia R. Eddy
(Pgh)
Hon. Maureen P. Kelly
(Pgh)
Hon. Lisa Pupo Lenihan
(Pgh)
Chief Magistrate Judge
Hon. Robert C. Mitchell
(Pgh)
Hon. Keith A. Pesto
(Johnstown)
SERVE 8 YEARS AND
BE A LAWYER
Western District
U.S. Magistrate
Judges
- Appointed by majority
vote of the active District
Judges of the court.
- A U.S. magistrate judge
is appointed based upon
the recommendations of
a citizen's merit
screening committee.
Federal Courts (Type 2)
Special Courts Created by Congress
 US Court of Military Appeals
 Final Appellate Court for cases arising under the
Uniform Code of Military Justice
 US Tax Court
 Cases arising over alleged tax deficiencies
 US Court of Veterans’ Appeals
 Cases arising from the denial of veterans’ benefits
State Courts
Most are NOT appointed for life
Elected (or appointed) for a certain #
of years
No two State courts are
exactly the same but there are similarities
Highest State Courts
(aka Supreme Court, Court of Appeals)
Intermediate Appellate Courts
(aka Superior Court and Commonwealth Court)
Trial Courts of General Jurisdiction
(aka Circuit Courts, Superior Courts, Courts of Common Pleas)
Trial Courts of Limited Jurisdiction
(aka Minor Courts) Magistrates + others
Butler County
Magistrates
Are the only
judges that
are not
Butler Magistrate
required
Chicora Magistrate
to have
Cranberry Township
law degrees
Magistrate
and be a
Evans City Magistrate member of
the Bar
Saxonburg Magistrate
but are
Slippery Rock
required to
Magistrate
pass a
qualifying
Elected for six-year terms
by the voters in the district
exam.
that the magistrate judge
serves
Magistrate
Handles…
In Pennsylvania
They conduct criminal arraignments and
preliminary hearings
Issue arrest warrants and search warrants in
some cases
Hear civil disputes involving $8,000.00 or less
Landlord-Tenant disputes, except not matters
involving title to real estate
Issue temporary Protection from Abuse Act
orders
Decide traffic, game law, and fish and boat code
cases
Conduct marriages
Administer oaths and affirmations, etc.
Trial Courts of Limited Jurisdiction
PA - Minor Courts
Probate Court
Proving a Will is valid; Distribution of
assets according to provisions of the
Will; What to to when no Will (State law
decides distribution)
Family Court
Marriage, divorce, adoption, child
custody, and support and
domestic-relations issues
Traffic Court
Minor violations of traffic laws
Trial Courts of Limited Jurisdiction
PA - Minor Courts
Juvenile Court
Handles cases involving
delinquent children under a
certain age (18 or 21))
Small Claims Court
Municipal Court
Handles cases
between private
persons of a low dollar
amount (under $5,000)
Handles cases involving
offenses against city
ordinances
13 Judges - Pittsburgh
Trial Courts of General Jurisdiction
PA – Courts of Common Pleas
• Main Trial Courts of the State
– PA – organized into 60 Judicial
districts (each district 1 – 93 judges)
Judges –
10 year terms
Elections
Retirement –
age 70
Allegheny County
Courthouse, Pittsburgh
• Major Civil (Tort and personal
injury, Contract) and Criminal
(murder, theft, breaking and
entering, destruction of property,
etc…)
Trial Courts of General Jurisdiction
PA – Courts of Common
Pleas con’t
• Appeals from Minor Courts
in Civil, Criminal, and traffic
matters
• Heard by 1 Judge (issues
of law) (often with jury (issues of
fact))
Butler County Courthouse,
Butler
Intermediate Appellate Courts
PA - Superior Court and Commonwealth Court
• Panels of 2 or 3 judges
• Civil Cases brought by or against the State
• Any party (except in a case where a
defendant in a criminal trial is found not
guilty) who is not satisfied with the judgment
of a state trial court may appeal
• However, these courts only address alleged
procedural mistakes and errors of law made
by the trial court
– Won’t review the facts of the case
(which were established during the
trial)
– Won’t accept additional evidence
Judges –
10 year terms
Elections
Retirement – age 70
Highest State Courts
PA – Supreme Court
 3,5, 7, or 9 member court
 All Death-penalty cases
 Will hear appeals about alleged mistake of
law NOT fact
 Original Jurisdiction concerning elections
and reapportionment of legislative districts
(gerrymandering
– Congress Unit)
CALLED?
Last - Prosecutors
Prosecutors
Which court - Which attorney?
• Prosecutor
Def: One who prosecutes (take legal action
against) another for a crime in the name of
the government.
On the federal level,
State and county
governments employ
• .
prosecutors
to
represent their local
communities in
complaints against
criminal defendants
the President appoints
prosecutors to
represent the United
States in complaints
against criminal
defendants
Federal Courts
Loretta
E.
Lynch
Eric Holder
Attorney General of the
United
Took States
office in
In office 2009-2015.
April 27, 2015.
Judicial System of Pennsylvania
At the Top 
Attorney General
Main legal advisor to the
State government, and in
some jurisdictions he or
she may also have
executive responsibility for
law enforcement, public
FOR PA  Kathleen Kane
prosecutions or even
ministerial responsibility for
legal affairs generally
Charged with perjury and
obstruction - allegedly
leaking secret grand jury
material to a newspaper
and then lying about it.
Aides stooping through
computers 
PA SC - Temp suspend
She was investigating
law license
her Republican
PA Senate – remove from predecessor's delay in
office (can’t do duty- PA bringing child molester
Constitution - Lawyer)
Jerry Sandusky to
justice
Still stirring the pot – “root out corruption”
'Porngate' investigation.
Federal Criminal Cases
Prosecutor 
United States District Attorneys
• Represent the United States Federal
Government in:
– United States District Court
– United States Court of Appeals
Law and
Order
Assistant
District
Attorneys
United States District Attorneys
• There are 93 U.S. District Attorneys
stationed throughout the United States, Puerto Rico, the
U.S. Virgin Islands, Guam, and the Northern Mariana
Islands.
One U.S. Attorney is assigned to
each of the judicial districts
Each U.S. Attorney is the
chief federal law
enforcement officer
within his or her
particular jurisdiction
They supervise district
offices of as many as 350
assistant United States
attorneys, with as many
as 350 more support
personnel
United States District Attorney
for the Western District of
Pennsylvania
David J. Hickton was
nominated for by President
Barack Obama on May 20,
2010, and was confirmed by
the U.S. Senate on Aug. 5,
2010.
The United States Attorney's Office in
Pittsburgh currently consists of more than
100 employees, including more than 50
lawyers
District
Attorney for:
Butler County
The District Attorney is the Chief
Law Enforcement Officer for the
County.
As such, he and his assistants
represent the Commonwealth in the
prosecution of all misdemeanor
and felony criminal cases.
Allegheny
County
Richard A. Goldinger Stephen A. Zappala, Jr
Which Court?
Worksheet