Ch. 8.1
The Federal Court System
Equal Justice for All
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Courts are meant to settle civil disputes
between private parties, a private party v.
the government, or the U.S. v. a state or
local government.
Court applies the law properly and rules in
favor of one party or the other
Equal Justice for All
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Courts also hold criminal trials for people
accused of crimes.
Witnesses present evidence; jury or judge
deliver the verdict of guilt or innocence
Equal Justice for All
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Everyone accused of a crime has the right to a
public trial and a lawyer (6th)
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If a person cannot afford representation, court
must appoint and pay for one.
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Everyone must be presumed “innocent until
proven guilty”
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Can ask for a review of the case if court made a
mistake
Equal Justice for All
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1.
2.
The main goal of the legal system is equal
justice under the law.
Can be difficult to achieve. Why?
Judges and juries are not free from personal
prejudices
Discrepancy between the rich/poor when it
comes to getting the best legal help
The Federal Court System
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Article III establishes a national Supreme Court
and gives Congress the power to establish lower
federal courts
Over the years, Congress set up three levels in
the federal court system: District courts, the
Appellate courts, and the Supreme Court
Each state has its own set of laws and court
system as well.
The Federal Court System
The U.S.
Supreme Court
Limited original + Appellate jurisdiction
The U.S. Court of Appeals
Appellate jurisdiction
District Courts
Original jurisdiction
The Federal Court System
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Jurisdiction—a court’s authority to hear
and decide cases.
The U.S. Constitution gives federal courts
jurisdiction over 8 types of cases.
Federal Court Jurisdiction
1.
2.
3.
4.
5.
Any case that applies to the U.S.
Constitution.
Any violation of federal laws.
Any disagreements between state
governments (civil cases).
Civil lawsuits between citizens of
different states
Any case in which the U.S. government
sues or gets sued
Federal Court Jurisdiction
6.
7.
8.
Any disputes between a foreign
government and either the U.S.
government or American private party
Admiralty and Maritime laws (accidents
or crimes on the high seas)
Any case involving a U.S. Diplomat
Federal Court Jurisdiction
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The federal courts in these 8 areas have
exclusive jurisdiction – only courts who can
hear and decide such cases.
90% of all cases involve state law and are tried
in state courts
In a few circumstances, state and federal courts
have concurrent jurisdiction – courts share
jurisdiction and either may hear the case
Ch. 8.2: How Federal Courts are
Organized
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District Courts are the federal courts
where:
- lawsuits are begun
- trials are held
There are 94 total U.S. District Courts
nationwide
U.S. District Courts
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For all federal cases, district courts have
original jurisdiction – the authority to
hear the case for the first time.
Hear both civil and criminal cases
Only federal courts that involve witnesses
and juries
U.S. Court of Appeals
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People who lose in a District Court often appeal
to the next highest level – A U.S. court of
appeals
Appeals courts review decisions made in lower
district courts
This is appellate jurisdiction – the authority
to hear a case appealed from a lower court
U.S. Court of Appeals
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Lawyers usually appeal their clients case
when they feel the district court judge did
not follow proper procedures or did not
apply the law correctly.
Appeals may be based on new evidence
that could impact the verdict.
U.S. Court of Appeals Organization
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The U.S. Court of Appeals have 12 circuits, or particular
geographic areas of jurisdiction around the U.S.
There is a 13th appeals court, the U.S. Court of Appeals
for the Federal Circuit.
Has nationwide jurisdiction in special cases—
international trade or patent law
Based in Washington, D.C. but can hear cases from
other parts of the country
U.S. Court of Appeals
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Appeals courts do not hold trials; do not
determine guilt or innocence
Decide an appeal in three ways:
Uphold the original decision
Reverse the decision
Remand the case: send it back to a
lower court to be tried again.
U.S. Court of Appeals
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A panel of three or more judges review the record of the
case and listen to arguments from both sides lawyers.
Meet and make a decision by a majority vote
Judges do not decide guilt/innocence in a criminal case
or who wins in a civil case.
Just rule on whether defendants rights were protected
and if he received a fair trial; decisions are usually final.
U.S. Court of Appeals
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When the appeals courts make a decision, one
judge has to write the opinion for the court.
The opinion offers a detailed explanation of the
legal thinking behind the court’s decision.
Opinion will set the precedent for all courts
within the district.
U.S. Court of Appeals
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The precedent gives guidance to other
and future judges by offering a model
upon which they can base their own
decisions on similar cases.
Precedent is a very powerful argument to
use in court; judges and courts follow
precedents in nearly all cases.
Federal Judges
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Federal judges are the chief decision makers in
the judicial branch.
Over 650 judges who preside over all the district
courts; each district has at least 2 judges
District courts in high populated states have
more judges because there are more cases to
hear; Appeals court can range from 6-28 judges;
Supreme Court has 9 justices
Selection Process
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Article II states that the President, with advise
and consent of the Senate, will appoint federal
judges.
Constitution, however, does not set any
particular qualifications for federal judges.
President appoints judges who share same ideas
on politics and law; usually from same political
party
Selection Process
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Presidents usually follow a practice called senatorial
courtesy.
President submits the name of a candidate to the
senators from the candidates home state before
submitting it to the entire senate for approval.
If either or both senators object to the candidate,
president will remove candidate’s name and select a new
one.
Usually only applies to the district courts; not court of
appeals or Supreme Court
Selection Process
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Once appointed, judges have tenure, or their
jobs for life.
Can only be removed through the process of
impeachment.
Framers wanted federal judges to have this sort
of job security for the ability to decide cases free
from public or political pressure.
Court Officials
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Judges do not do all the work themselves.
Each district court has magistrate judges,
who take care of the routine work
Issue court orders (summons, subpoenas,
search and arrest warrants); hear preliminary
evidence to determine if case should go to trial;
determine bail for accused individuals
Court Officials
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Each judicial district has a U.S. Attorney
Government lawyers who prosecute those accused of
breaking federal laws
Look into complaints of a crime; prepare formal charges;
present evidence in court
Job is to represent the nation in civil cases in which the
government is involved; appointed to 4 year terms by
the president and confirmed by the Senate
Court Officials
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Each district has a U.S. Marshal
Marshals and staff make arrests; collect
fines; transport convicted people to
prison;
Also protect jurors; keep order in the
court; and serve legal papers (subpoenas)
Ch. 8.3: The Supreme Court
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The Supreme Courts main job is to decide
whether laws are allowable under the U.S.
Constitution
Article III of the Constitution established the
boundaries of federal judicial power
For the most part, the Supreme Court has
appellate jurisdiction, but does have original
jurisdiction in 2 types of cases: cases
involving diplomats from foreign
countries; disputes between the states
Jurisdiction
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The Supreme Court does not hear all the cases it
receives, it chooses the cases it hears.
Supreme Court has final authority in any case
involving: the Constitution, acts of
Congress, and treaties with other nations.
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Decisions made are binding on all lower courts.
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If case is rejected, decision of the lower case
must stand.
Organization
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The Supreme Court consists of 9 justices: 8
associate justices and 1 chief justice
One main duty to perform is after reviewing a
case, the justices have to write the court’s
opinion
Remember the opinion of the court establishes
precedent for the rest of the country
Selection of Justices
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1.
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4.
The president appoints Supreme Court justice,
with Senate approval
The President’s decision to appoint can be
influenced by different groups:
Justice Dept. (Attorney General)
American Bar Association
Interest groups
Other Supreme Court justices
Background
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Supreme Court justices are always lawyers;
practiced or taught law; served on lower court
Individuals get appointed to the bench
because of a few factors:
Successful law career
Political support
Same political and legal philosophy as
President
Powers of the Court
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The legislative and executive branches
must follow Supreme Court rulings.
Since the Court is removed from politics
and the influence of politicians and
interest groups, parties involved with a
case are likely to get a fair hearing.
Judicial Review
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The Court’s main job is to decide whether
laws and government actions are
constitutional, or allowed by the
Constitution.
Court does this through judicial
review—the power to say whether any
law or government action goes against the
Constitution.
Judicial Review
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The Constitution does not give the
Supreme Court the power of judicial
review
Court claimed that power when it decided
the case Marbury v. Madison
Marbury v. Madison
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As John Adams was leaving the presidency, he
signed an order making many individuals federal
judges including William Marbury (Justice of the
Peace)
Incoming President Thomas Jefferson refused to
carry out the order; without the confirmation
papers, Marbury does not become a judge.
Takes case to the Supreme Court
Marbury v. Madison
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Marbury’s main argument came through
the Judiciary Act of 1789, in which he
asked for an issuing of Writ of Mandamus
Congress can grant the Supreme Court
original jurisdiction in which they can
order a government officer to perform
mandatory duties (such as confirm judges)
Marbury v. Madison
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Remember, under Article III of the Constitution,
the Supreme Court only has original jurisdiction
in two types of cases: anything involving foreign
diplomats and disputes between the states;
anything else has to work its way through the
appellate process.
Question: can Congress expand the original
jurisdiction of the Supreme Court?
Marbury v. Madison
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Chief Justice John Marshall decided that
Congress does not have the power to
modify the Supreme Court’s jurisdiction
Constitution and Judiciary Act of 1789
conflict
Principles Established
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In court’s opinion three principles are
established:
Constitution is the supreme law of the land
If a law conflicts with the Constitution,
Constitution rules
The judicial branch has a duty to uphold the
Constitution; ability to determine when a law
conflicts with the Constitution and void that
law (judicial review)
Judicial Review
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This is a major check against the other
two branches
It can declare if acts or executive orders
are unconstitutional
Limits to the Court’s Power
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The Court depends on the executive
branch and state and local officials to
enforce its decisions; usually they do
Exception: Worchester v. Georgia
Limits to the Court’s Power
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Congress can get around a Court ruling by
passing a new law, changing a law ruled
unconstitutional, or amending the Constitution
The President has the power to appoint justices;
Congress has the power to approve
appointments
Congress can remove judges/justices through
the impeachment process
Limits to the Court’s Power
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The Court cannot rule in a case or decide
if a law is unconstitutional unless the law
has been challenged in a lower court and
the case comes to it on appeal
The Court will accept only cases that
involve a federal question.
Ch. 8.4: Deciding Cases at the
Supreme Court
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The Supreme Court conducts business
each year during the October Term:
October-June.
Each month the justices spend two weeks
listening to oral arguments on cases and
two weeks writing opinions and studying
new cases.
How Cases Reach the Court
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The Court receives most of its cases on
appeal from a lower court
Sometimes a lower court asks for a ruling
because it is not sure how to apply the
law in a case. (writ of certiorari) which
means to make more certain.
How Cases Reach the Court
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Of the more than 7000 applications each year,
the Court agrees to hear around 150.
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For a case to be accepted, 4 of 9 justices have
to agree to review it.
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Selected cases usually involve important
constitutional issues and affect the entire nation.
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Once accepted, the case goes on the Court
docket, or calendar
Steps in Decision Making
1.
Each accepted case goes through 5
steps:
Written Argument—lawyers for each side
prepare a brief, written document that
one side’s position on the case.
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Justices take time to study the briefs
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Steps in Decision Making
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Oral Arguments—lawyers for each side
have 30 minutes each to summarize its
case
During this time the justices have the
opportunity to ask the lawyers very
tough questions that the lawyers have to
be prepared to answer about the case.
Steps in Decision Making
3.
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Conference—On Fridays, the justices get
together to make their decisions on the case;
always held in secret; no audience; no meeting
minutes are kept.
The Chief Justice presides over the discussion
A majority, 5 of 9 decides the outcome of a
case (at least 6 must be present for a
decision)
Steps in Decision Making
4.
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Opinion Writing—once a decision has been
reached, one justice gets the job of writing the
majority opinion.
Majority opinion represents the views of the
majority of the justices on a case
Opinion states the facts of the case, announces
the ruling, and explains the Court’s reasoning
in reaching the decision.
Steps in Decision Making
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Opinions are important because they establish
the precedent for the lower courts to follow.
Justices who oppose the majority opinion may
write a dissenting opinion.
A justice who agrees with the majority decision,
but for different reasons can write a concurring
decision.
Steps in Decision Making
5.
Announcement—Court announces its
decision, written copies reach the news
wire and the decision can be read on the
Supreme Courts’ website.
Reasons for Court Decisions
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The Law
Written law is the foundation for deciding
cases that come before the Supreme Court
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The guiding principle is “stare decisis” which
means let the decision
1.
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Following precedent makes the law
predictable; at the same time law must be
somewhat flexible to adapt to the changing
times times
Reasons for Court Decisions
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Changing Social Conditions—when social
conditions change in this country, the
Court may make new interpretations of
the law
Ex. Plessy v. Ferguson >>>>Brown v.
Board of Ed.
Reasons for Court Decisions
3.
4.
Differing Legal Views—some believe that that
the court should be active in the types of cases
they hear. Other justices believe that the
Court should be conservative in its use of
judicial review.
Personal Beliefs—people see the world based
on their own experiences, decisions on cases
sometimes reflect that