The Role of the Federal Courts The judicial branch of the federal government is made up of the Supreme Court and over 100 lower courts. Although the courts are not in the news spotlight as often as the President or members of Congress are, the judges of the judicial branch play a very important role in our government. I. Laws and Courts: What Courts Do • • Legal conflicts in our country are resolved through the court system. Whether it is a local, state, or federal court, all courts perform the same basic function: to interpret the law and decide how it applies to an actual situation. Courts resolve two types of legal conflicts: criminal and civil cases. • In a criminal case, the court determines whether a person accused of breaking a law is innocent or guilty. If they are found guilty, the court also decides the penalty. • In a civil case, there is a disagreement between two parties. It typically involves monetary damages but no criminal charges. • In a civil case, the dispute is between the plaintiff (the person or persons who bring the complaint against another party) and the defendant (the person who defends himself against the complaint). • A criminal case is brought by the prosecution (a government body charging a defendant with breaking one of its laws) against the defendant. • Whether it is a civil or a criminal case, the job of the judge is to see that the law is applied fairly to both sides. Many legal cases initially involve a jury, which decides the facts of the case. However, courts of appeals (including the Supreme Court) consist of judges without a jury. • While hearing a case, courts may have to interpret the intention of the law in question. For example, does a law banning “motor vehicles” in a park also include radio-­‐controlled model cars? • II. How a court interprets a law can have a very long-­‐lasting effect. That is because a court decision establishes a precedent, or a guideline for how similar cases should be decided in the future. State Courts and Federal Courts • • Our legal system is made up of both state courts and federal courts. Most of the laws that govern our everyday actions are state or local laws; therefore, most legal disputes and law violations are decided in state courts: traffic courts, juvenile courts, or municipal courts. The court where a case is heard first is called the court of original jurisdiction. This is where the basic facts of the case are determined. This usually occurs in a trial conducted with a jury. • If the court of original jurisdiction makes a ruling that the plaintiff or defendant feels is unjust, he or she has the right to an appeal, which is a request to a higher court to review the findings of the case and the way the law was applied. • Appeals courts do not hold another trial, nor do they attempt to determine the facts in a case. Instead, they rule on questions of law rather than fact—was the law applied fairly and did the defendant and plaintiff have a fair trial. • Appeals of state court decisions may be made to the federal courts if there is a question of constitutionality involved. • In general, federal courts hear two types of cases: those involving federal laws (where the federal court would be the court of original jurisdiction), or those that are appealed from state supreme courts. • A ruling by the United States Supreme Court may not be appealed—the Supreme Court has the final say.