Chapter One –
The Court System, Court
Cases, and Sources of
Rights
Rolando V. del Carmen
THE COURT SYSTEM, COURT CASES,
AND SOURCES OF RIGHTS
 INTRODUCTION
Federal Courts
State Courts
U.S. Supreme Court
State Supreme Court
U.S. Court of Appeals
Intermediate
Appellate Courts
U.S. District Courts
Trial Courts
of General Jurisdiction
Magistrate Courts
Lower Courts
JUDICIAL REVIEW
 Established in the case of Marbury v. Madison; gives
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power to the Court to rule act of the government
unconstitutional
Review fact/outcome of the case
In a system of checks and balances, this is the courts
most powerful tool
It is absolute; cannot be overturned by the other
branches of government
If an act is ruled unconstitutional, Congress must
rewrite the law
Ex. Line Item Veto, Wire Tapping
THE FEDERAL JUDICIARY
 THE AMERICAN LEGAL SYSTEM IS UNIQUE COMPARED TO
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THOSE IN OTHER COUNTRIES; NO OTHER COURT SYSTEM
IN THE WORLD IS GIVEN THE POWER OF THE AMERICAN
COURTS
HISTORICALLY AMERICANS HAVE PLACED A HIGH DEGREE
OF TRUST AND CONFIDENCE IN THE COURT SYSTEM
MANY STATE COURTS (INCLUDING MISSOURI) MIRROR
THE ORGANIZATION AND PURPOSE OF THE FEDERAL
COURTS
THE UNITED STATES SUPREME COURT WAS ESTABLISHED
IN ARTICLE III OF THE CONSITITUTION; THE LOWER OR
INFERIOR COURTS WERE ESTABLISHED BY CONGRESS;
WHY WOULD CONGRESS CREATE LOWER COURTS?
MOST CASES IN THE UNITED STATES ARE HEARD IN
COURTS OF ORIGINAL JURISDICTION (STATE OR CURCUIT
COURTS)
FIVE BASIC PRINCIPALS OF
THE JUDICIAL SYSTEM
 EQUAL JUSTICE UNDER THE LAW FOR ALL CITIZENS:
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IDEALLY FACTORS SUCH AS WEALTH, RACE, RELIGION,
SEX, ETC… SHOULD NOT BE FACTORS IN THE LEGAL
PROCESS
DUE PROCESS OF LAW: ESTABLISHED IN THE BILL OF
RIGHTS; 5TH, 6TH AND 14TH AMENDMENTS
USE OF ADVERSARIAL SYSTEM: PROSECUTION VERSUS
DEFENSE; MEDIATED BY A IMPARTIAL JUDGE TO
ENSURE FAIRNESS
INNOCENT UNTIL PROVEN GUILTY: THE BURDEN OF
PROOF RESTS WITH THE GOVERNMENT; MUST PROVE A
PERSON GUILTY BEYOND A REASONABLE DOUBT
USE OF THE JURY SYSTEM EVEN AT THE LOWEST COURT
LEVELS; A PERSON CAN REQUEST A NON – JURY TRIAL
DIVISIONS OF AMERICAN LAW
 THE FEDERAL COURT SYSTEM ADDRESSES TWO TYPES OF
LAWS; CIVIL LAW AND CRIMINAL LAW
 CIVIL LAW ATTEMPTS TO SETTLE DISPUTES BETWEEN
CITIZENS OR ORGANIZATIONS AND DOES NOT ALWAYS
INVOLVE CRIMINAL WRONGDOING; VIOLATION OF CIVIL
LAW CARRIES ONLY MONETARY PUNISHMENTS (FINES)
 CRIMINAL LAW (FELONY OR MISDEMEANOR) INVOLVES
OFFENSES AGAINST THE PUBLIC AND THE GOVERNMENT
ACTS AS PROSECUTOR; VIOLATION OF CRIMINAL CODES
CAN RESULT IN FINES, PROBATION OR PRISON (OR JAIL)
OR ALL OF THE ABOVE
 MOST CRIMINAL CASES ARE SETTLED OUT OF COURT
USING PLEA AGREEMENTS (IN EXCHANGE FOR A
CONFESSION OF GUILT, THE STATE LOWERS THE
SEVERITY OF THE CHARGES)
THE COURT SYSTEM, COURT
CASES, AND SOURCES OF RIGHTS
Criminal
Civil
Who Files
Government
Private person/entity
Purpose
Punishment
Money/injunction
What must be proved
A crime has been committed by
the defendant
Duty/Breach of that duty
Proof required to win
Guilty Beyond Reasonable Doubt
> 95%
Preponderance of Evidence > 50%
Bill of Rights
Limits conduct of government
officials
Does not apply
Lawyers
Government Prosecutor/Private
Attorney/Public Defender
Own lawyer(s) for each side
If trial by jury
Usually unanimous vote
Usually nonunanimous vote
Defendant’s presence
in court
Required with exceptions
Not required
Testimony
Cannot be forced to testify
Can be forced to testify
Appeal
Defendant can appeal
Either side can appeal
CONSTITUTIONAL ORIGINS OF THE
AMERICAN JUDICIAL SYSTEM
 ARTICLE III STATES THE JUDICIAL POWER OF THE
UNITED STATES “… SHALL BE VESTED IN ONE SUPREME
COURT AND IN SUCH INFERIOR COURTS AS THE
CONGRESS MAY ESTABLISH.”
 ESTABLISHES SEPERATION OF POWERS; JUDICIAL
POWER LIES IN THE COURTS NOT IN THE LEGISLATIVE
OR EXECUTIVE BRANCHES
 THE CREATION OF A NATIONAL COURT SYSTEM WAS A
RESULT OF A COMPROMISE BETWEEN FEDERALISTS
WHO FAVORED ITS CREATION AND ANTI –
FEDERALISTS WHO ARGUED THAT ALL COURT
DECISION BE MADE AT THE STATE LEVEL
FEDERAL DISTRICT COURTS
 THERE ARE CURRENTLY 94 FEDERAL DISTRICT COURTS
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WITH 567 JUDGES
EACH STATE FORMS AT LEAST ONE JUDICIAL DISTRICT;
MANY STATES (SUCH AS ILLINOIS) ARE SPLIT INTO
MULTIPLE JUDICIAL DISTRICTS
TWO JUDGES ARE ASSIGNED TO EACH DISTRICT
THE COURTS HAVE ORIGINAL JURISDICTION ( THE POWER
TO HEAR A CASE FIRST, BEFORE ANY OTHER COURT)
HAVE THE POWER TO HEAR BOTH CRIMINAL AND CIVIL
CASES
DECISIONS AT THE DISTRICT LEVEL CAN BE APPEALED TO
THE NEXT JUDICIAL LEVEL; THE FEDERAL DISTRICT
COURT OF APPEALS
COURTS USE LEGAL PRECEDENTS (LEGAL STANDARDS
ESTABLISHED IN PREVIOUS CASES) TO PROVIDE
GUIDANCE
COURT OF APPEALS
 THE 94 DISTRICTS ARE ORGANIZED INTO 12 REGIONAL
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CIRCUITS; EACH OF THESE CIRCUITSHAS A COURT OF
APPEALS
The COURT OF APPEALS CAN ONLY HEAR CASES ON APPEAL
FROM LOWER COURTS; SPECIAL COURTS
APPEALS CAN COVER A WIDE RANGE OF CONSTITUTIONAL
ISSUES (INADEQUATE LAWYERS, BIASED JUDGE OR JURY,
ISSUES OF EVIDENCE, ETC…)
IF THE APPEALS COURT FINDS NO ISSUE, RULING OF LOWER
COURT APPLIES
RULINGS OF THE APPEALS COURT CAN ALOS BE CHALLENGED
AT THE SUPREME COURT LEVEL
REMEMBER, THE ROLE OF CIRCUIT AND APPEALS COURTS
SERVES AS “GATE KEEPERS” FOR THE SUPREME COURT
A VAST MAJORITY OF COURT CASES ARE SETTLED AT THE
LOWER OR INFERIOR LEVELS
FOR SOME JUDGES, A SEAT ON THE APPEALS COURT CAN BE A
STEPPING STONE FOR A SEAT ON THE SUPREME COURT
THE UNITED STATES
SUPREME COURT
 THE UNITED STATES SUPREME COURTS CONSIST OF
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ONE CHIEF JUSTICE AND EIGHT ASSOCIATE JUSTICES;
HIGHEST COURT
THEY ARE NOMINATED BY THE PRESIDENT AND
CONFIRMED BY THE UNITED STATES SENATE. WHAT
CONSTITUTIONAL PRINCIPAL DOES THIS REPRESENT?
ONCE CONFIRMED, THEY CAN REMAIN ON THE BENCH
UNTIL RETIREMENT, DEATH OR IMPEACHED
JUDGES ARE USUALLY SELECTED FROM LOWER COURT
BENCHES, PROMINENT LAW SCHOOLS, OR LEGAL
‘THINK TANKS’
THE CONFIRMATION PROCESS IS OFTEN VERY
POLITICAL; POLITICAL ‘LITMUS TESTS’,
CONTROVERSIAL ISSUES (i.e. ABORTION)
SUPREME COURT JUSTICES
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CHIEF JUSTICE JOHN ROBERTS (GEORGE W. BUSH, 2005))
JOHN PAUL STEVENS (GERALD FORD, 1975)
ANTONIN SCALIA (REAGAN, 1986)
ANTHONY KENNEDY (REAGAN, 1988)
DAVID SAUTER (GEORGE H.W. BUSH, 1990)
CLARENCE THOMAS (GEORGE H.W. BUSH, 1991)
RUTH BADER GINSBERG (CLINTON, 1993)
STEPHEN BREYER (CLINTON, 1994)
SAMUEL ALITO (BUSH, 2006)
 SOME OF THESE JUSTICES EXPERIENCED HIGH LEVELS OF
POLITICAL DEBATE DURING THEIR SENATE
CONFIRMATION (EX. CLARENCE THOMAS, JOHN ROBERTS,
SAMUEL ALITO)
 WHAT IDEA IS REPRESENTED WITH A PRESIDENTIAL
NOMINATION AND A CONGRESSIONAL CONFIRMATION?
POWER OF THE SUPREME COURT
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ASIDE FROM BEING THE FINAL LEGAL AND CONSTITUTIONAL
AUTHORITY, THE SUPREME COURT HAS
1. ORIGINAL JURISDICTION,
2. CAN HEAR APPEALS, AND
3. HOLDS EXCLUSIVE JURISDICTION IN CERTAIN CASES;
4. STATE DISPUTES
RULINGS FROM THE SUPREME COURT ARE FINAL, ONLY THE
SUPREME COURT CAN OVERTURN THEIR RULINGS
WITH LIFETIME APPOINTMENT, WHAT LUXURY DOES THIS GIVE
JUSTICES?
CONSTANT STRUGGLE WITH STRICT VERSUS LOOSE
INTERPRETATION OF THE CONSTITUTION
 Strict interpretation generally refers to the “letter” or what the
Constitution says.
 COURTS THAT ARE STRICT ARE LESS LIKELY TO HEAR CASES
(GENERALLY)
 Loose interpretation generally refers to the intent or “spirit” of the
Constitution; seen as a ever evolving document
• GENERALLY MORE WILLING TO HEAR CASES, ESPECIALLY
INVOLVING CONTROVERSIAL SOCIAL ISSUES (Ex. Abortion)
CONTROVERSY
 AT TIMES, THE COURT HAS BEEN ACCUSED OF
JUDICIAL ACTIVISM (CREATING LEGISLATION
FROM THE COURT)
 USUALLY INVOLVES SOME PRESSING SOCIAL
OR POLITICAL ISSUE
 SOME RECENT CASES/ISSUES:
RELIGIOUS CASES
WAR ON TERROR; GUANTANOMO BAY
CONTINUED DEBATE OVER ISSUES
 I.E. ABORTION
HOW CASES REACH THE
SUPREME COURT
 MOST CASES REACH THE SUPREME COURT ON APPEALS
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FROM LOWER FEDERAL OR STATE COURTS (SEE FLOW CHART)
SUPREME COURTS HEARS THOUSANDS OF REQUESTS EACH
YEAR; DISCRETIONARY REVIEW
IF THE COURT AGREES TO HEAR A CASE, 4/9 JUSTICES
HAVE AGREED TO IT; KNOWN AS THE RULE OF FOUR
WHEN THIS CRITERIA IS MET, THE COURT WILL ISSUE A
WRIT OF CERTIORARI (mean “to inform”)
IF THE COURT REFUSES TO REPORT A WRIT OF CERT,
LOWER COURTS RULING STANDS
IF THE COURT AGREES TO THE CASE, THE WRIT OF CERT
REQUESTS ALL THE RECORDS FROM THE LOWER COURTS;
USUALLY INVOLVES SOME CONSTITUTIONAL ISSUE
THIS PROCESS CAN ALSO ORIGINATE IN A STATE
SUPREME COURT; GENERALLY DON’T ACCEPT ISSUES
DEALING WITH STATE LAWS
THE U.S. SUPREME COURT GENERALLY ACCEPTS AROUND
150 CASES PER YEAR
ARGUMENT & RULING
 WHEN THE COURT ACCEPTS A CASE, EACH SIDES GETS 30
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MINUTES TO PRESENT THEIR CASE; ORAL ARGUMENT
DURING THIS TIME, JUSTICES CAN ASK QUESTIONS
WHEN ORAL ARGUMENTS HAVE CONCLUDED, THE JUSTICES
DISCUSS/ DEBATE THE ISSUES
RULINGS ARE DETERMINED BY HOW MANY JUDGES AGREE/
DISAGREE
WHEN A DECISION HAS BEEN MADE, THREE DIFFERENT
TYPES OF RULINGS/OPINIONS CAN BE ISSUED
 Majority Opinion: This is the opinion held by a majority of the
Court members
 Concurring Opinion: This is an opinion offered by a judge that
agrees with the majority but for a different reason
 Dissenting Opinion: This is the opinion offered by a judge or
judges that disagrees with the majority ruling
 REMEMBER, ALL RULINGS OF THE COURT (MAJORITY
OPINION) ARE FINAL
 WHO CAN OVERTURN THE COURT RULING?
THE COURT SYSTEM, COURT
CASES, AND SOURCES OF RIGHTS
 THE STRUCTURE OF THE COURT SYSTEM
– THE FEDERAL COURT SYSTEM
• ORIGINAL JURISDICTION
• RULE OF FOUR
– THE STATE COURT SYSTEM
THE COURT SYSTEM, COURT
CASES, AND SOURCES OF RIGHTS
 THE TERRITORIAL EFFECT OF JUDICIAL
DECISIONS
 JUDICIAL PRECEDENT (Stare Decisis)
 FEDERAL VERSUS STATE JURISDICTION
– DUAL SOVEREIGNTY
– NO DOUBLE JEOPARDY
 JURISDICTION VERSUS VENUE
THE COURT SYSTEM, COURT
CASES, AND SOURCES OF RIGHTS
 SOURCES OF RIGHTS
– CONSTITUTIONS
– THE FEDERAL CONSTITUTION
– STATE CONSTITUTIONS
– STATUATORY LAW
– CASE LAW
– COURT RULES
THE COURT SYSTEM, COURT
CASES, AND SOURCES OF RIGHTS
 THE INCORPORATION CONTROVERSY:
DOES THE BILL OF RIGHTS APPLY TO THE
STATES?
– BACKGROUND
– APPROACHES TO INCORPORATION
– RIGHTS HELD TO BE FUNDAMENTAL AND
INCORPORATED
– RIGHTS NOT INCORPORATED
– NATIONALIZATION OF THE BILL OF RIGHTS
• 14th Amendment
THE COURT SYSTEM, COURT
CASES, AND SOURCES OF RIGHTS
 HOW TO BRIEF A CASE
– CASE TITLE
– CITATION
– YEAR DECIDED
– FACTS
– MAIN ISSUE
– COURT DECISION
– HOLDING