Teen Rights & the Law
Ms. Stewart
Basics of US
Court System
Prepared by Andy Austin
United States Magistrate Judge
Three Branches of Government
Three Branches of Government
US Supreme Court Judicial Branch
White House Executive Branch
US Capitol Legislative Branch
Three Branches of Government
Three Branches of Government
United States President
Barack Obama
Executive Branch
United States Supreme Court
Chief Justice John Roberts
Judicial Branch
United States Congressman
Lloyd Doggett
Legislative Branch
State vs. Federal Government
Branches of government - Texas
Branches of government - Texas
Texas Supreme Court
Former Chief Justice Wallace
Jefferson
Judicial Branch
Governor Rick Perry
Executive Branch
Texas Senator Kirk Watson
Legislative Branch
Branches of government
Judicial Branch
Branches of government
Executive Branch
Executive branch – federal system
Criminal cases
Executive branch – federal system
Criminal cases
Eric Holder
Attorney General of United States
Executive branch – state system
Criminal cases
Executive branch – state system
Criminal cases
Greg Abbott
Attorney General of Texas
Rosemary Lehmberg
Travis County District Attorney
State vs. Federal Court Austin courts for field trip
State Court
• Courts of general jurisdiction
• Can file any civil or criminal charge in state
court unless statute prohibits that
• Certain cases can only be filed in state court:
family law cases (divorce, custody); probate
cases (wills)
• In Texas, state judges are elected
• Organized by county – court held in county
seat
Federal Court
• Courts of limited jurisdiction
• You can only bring a case in federal court if
there is a statute/law giving you the right to
file charges or suit in federal court
• Judges are appointed
• Divided into geographic districts - 94 districts
in total
What or
who
creates
the
federal
courts?
Article III, Section 1
US Constitution
• “The judicial power of the United States, shall
be vested in one Supreme Court, and in such
inferior courts as the Congress may from time
to time establish. The judges, both of the
supreme and inferior courts, shall hold their
offices during good behaviour, and shall, at
stated times, receive for their services, a
compensation, which shall not be diminished
during their continuance in office.”
Article III, Section 1
US Constitution
• Federal judges are:
– Appointed for life (or until they retire)
– Cannot be removed except for bad behavior
(through impeachment proceedings)
– Cannot have their compensation (pay) diminished
(lowered) during their time in office
• Why have these rules?
The Federal Courts
U.S. Supreme
Court
(9 judges)
12 U.S. Circuit
Courts of Appeal
(179 judges)
U.S. Magistrate
Courts
U.S. District
Courts (94)
U.S. Bankruptcy
Courts
(523 judges)
(667 judges)
(352 judges)
Texas State Courts
County Courts
Texas Supreme
Court
(504 judges)
(9 judges)
Texas Court of
Criminal Appeals
(9 judges)
14 Regional Courts
of Appeal
District Courts
(80 judges)
(454 judges)
Probate Courts
(18 judges)
Trial court
Question: How many judges?
Court of Appeals
Question: How many judges/justices?
Western District of Texas trial court divisions
Question: Which division of the Western District of Texas serves Austin?
Question: Which US Court of Appeals serves Texas?
United States Supreme Court
Question: How many judges/justices?
United States Supreme Court
Question: How many judges/justices?
United States Supreme Court
http://www.supremecourt.gov/about/biographies.aspx
• Chief Judge John Roberts
• Antonin Scalia
• Anthony Kennedy
• Clarence Thomas
• Ruth Bader Ginsburg
• Stephen Breyer
• Samuel Alito
• Sonia Sotomayor
• Elena Kagan
Your Supreme Court Justice
http://www.supremecourt.gov/about/biographies.aspx
• Name
• Where/when born
• Current age
• Race/ethnicity, sex
• When appointed and by which president
(who is affiliated with which political party)
• Years on US Supreme Court so far
• Job history before became justice (generally)
• University/college and law school attended
• Interesting other facts (at least five)
US Supreme Court’s
(very small) docket
10,000
cases filed
(2010
term)
82 cases decided
Separation of Powers
What does each branch of government do in relation to our laws?
Separation of Powers
What does each branch of government do in relation to our laws?
(1) The legislative branch
WRITES the law.
Separation of Powers
What does each branch of government do in relation to our laws?
(1) The legislative branch
WRITES the law.
(2) The executive branch
ENFORCES the law.
Separation of Powers
What does each branch of government do in relation to our laws?
(3) The judicial branch
INTERPRETS the law.
(1) The legislative branch
WRITES the law.
(2) The executive branch
ENFORCES the law.
Role of Supreme Court
• Interpret laws adopted by Congress
– If a law is not clear, it is left to the Courts to
determine the proper way to apply the law to a
particular fact scenario
• Interpret the Constitution
– The Supreme Court is the final decision maker
with regard to the meaning of the Constitution
Constitutional interpretation
• How does a court decide what the
Constitution means?
• What do you do when you need to figure out
what is meant by a particular piece of writing?
– Ask the person who wrote it what they meant
– Look up the meaning of the words in a dictionary
– Try to figure out why the author was writing what
was written
– Look at other similar writings to help you
interpret the piece you’re reviewing
Constitutional interpretation
• All of these are models for ways in which
judges have interpreted our Constitution
– Original meaning
• What did the drafters think the language meant?
– Perfectionist (the “Living Constitution”)
• What is the best way to interpret the language to get
the best result for society?
– Pragmatic or minimal interpretation
• What is the most limited way to read the language so
that we don’t change a lot of prior decisions?