Federal Courts
• There are two separate court systems in the United
States: 1) Federal and 2) State
*Most cases heard in court are heard in State courts
• The Constitution created only the Supreme Court,
giving Congress the power to create “inferior”
courts.
• There are two main types of “inferior” federal
courts:
1. Constitutional Courts- exercise broad judicial power.
2. Special Courts- deal with expressed powers, they
hear a much narrower range of cases.
Jurisdiction
Jurisdiction- The authority of a court to try and decide
a case. ( “to say the law” )
• Types of Federal Court Jurisdiction:
1. Exclusive: cases that can only be heard in federal
courts. (Ex: a case involving a foreign government)
2. Concurrent: cases that can be tried in either federal
or state court. (disputes between citizens of
different states).
• A court in which a case is first heard has Original
Jurisdiction
• A court that hears a case on appeal from a lower
court has Appellate Jurisdiction.
Appointment of Judges
• Who appoints Federal Court Judges?
( the President, with consent from the Senate)
-Usually, the President takes into consideration
senatorial courtesy in the selection of federal
judges. (Unwritten rule)
• From what background do most federal judges
come from?
• What other considerations do you think the
President makes in his selections?
• Do all Federal Court Judges have the same
length of Term?
State Courts
- The principal function of state courts:
• Private party vs. private party
• Private party vs. government
- Kinds of Law applied in State Courts:
• Constitutional – highest form of law
• Statutory – consists of laws enacted by Congress,
state legislatures, etc.
• Administrative – composed of rules issued by
executive offices
• Common – unwritten laws; customs
• Equity – supplements common law
Types of Crimes
Criminal Law: Law that defines public wrongs or
offenses against the public order and provides for
their punishment.
-The state is always the prosecution.
There are two types of crimes:
1. Felonies: A serious crime that may be punished
by a heavy fine, imprisonment, or even death.
2. Misdemeanor: A lessor crime that may be
punished by a small fine or short jail term.
The Jury System
There are two basic types of Juries in the legal system: 1)
Grand and 2) Petit.
1. Grand Jury- With small (6) or large (23) grand juries, an
“extraordinary majority” must be reached in order to
indict a person.
-expensive and time consuming. Most states depend on:
-Information: formal charge filed by the prosecutor, without
the action of a grand jury.
2. Petit Jury- usually referred to as a trial jury.
-Hears evidence and decides disputed facts.
-Bench trial- where a minor case is heard without a jury, by
the judge alone.
The Jury System
• http://www.youtube.com/watch?v=q5uztpW5
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The Inferior Courts
• Handle most of the cases tried in federal courts
• 94 District Courts – about 80% of cases on the
federal docket (list of cases to be heard)
– Have orig. jurisdiction in criminal and civil cases
• 12 Appellate Courts
– Most appeals come from lower District Courts in same
circuit
• Others – Court of Int’l Trade, Court of Appeals for
Federal Circuit (National Jurisdiction)
The Supreme Court
• “High Court” almost
always has appellate
jurisdiction
• Chief Justice + 8
Associate Justices
• Marbury vs. Madison
gave courts Judicial
Review
The Supreme Court
• ~10K appeals to SC each year; court only hears
about 75-80 cases
• Most cases reach SC by writ of certiorari – an
order to a lower court to send a case for
review
– Either party may petition Court to issue writ
• Court selects cases based on “Rule of Four”
– At least 4/9 justices must agree to issue writ
• Some cases reach by certificate
The Supreme Court
• After hearing briefs and oral arguments, SC
Justices meet in conference and are polled, then
they debate the case
– Amicus Curiae are often brought in
• Court’s opinion is called the Majority Opinion,
and it announces the decision of SC.
– These decisions stand as precedents
• Justices’ individual opinions are often added
– Concurring opinion is added to emphasize a point for
future cases
– Dissenting opinion is made by members of the
minority for future Courts to look at & possibly
reverse
Due Process
• The Constitution contains two due process
clauses in the 5th and 14th Amendments.
– 5th Amendment clause: The federal government
cannot deprive any person of “life, liberty, or
property without due process of law.”
– 14th Amendment clause: State and local
governments cannot deprive any person of “life,
liberty, or property without due process of law.”
• The Supreme Court refuses to give an exact
definition of due process. Uses a case-by-case
basis.
Due Process
• Although there is no exact definition, the
Constitution does guarantee that the
government must act fairly and in accordance
with established rules.
• Two main types of Due Process:
– Substantive Due Process – The government is
required to create fair policies and laws. (WHAT)
– Procedural Due Process – The government must
employ fair procedures and methods. (HOW)
Rights of the Accused
-The Constitution sets forth a series of rights that those
individuals who have been suspected of committing a
crime possess.
4th Amendment- No illegal searches and seizures. Must
have proper warrant and no illegally obtained evidence
can be used in court.
5th Amendment- Must be indicted before being tried,
no double jeopardy, no self incrimination, due process
clause, eminent domain.
6th Amendment- Right to speedy trial by jury.
8th Amendment- No excessive bail, no cruel and
unusual punishment
14th Amendment- Due process clause.