The Legal System and the Courts
Standards- The Federal Judiciary
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SSCG16 The student will demonstrate knowledge of the
operation of the federal judiciary.
a. Explain the jurisdiction of the Supreme Court, federal courts and
the state courts.
b. Examine how John Marshall established the Supreme Court as
an independent, coequal branch of government through his
opinions in Marbury v. Madison.
c. Describe how the Supreme Court decides cases.
d. Compare the philosophies of judicial activism and judicial
restraint.
Standards- The Federal Judiciary
(continued)
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SSCG21 The student will describe the causes and effects
of criminal activity.
a. Examine the nature and causes of crimes.
b. Explain the effects criminal acts have on their intended
victims.
c. Categorize different types of crimes.
d. Explain the different types of defenses used by perpetrators
of crime.
Standards- The Federal Judiciary
(continued)
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SSCG22 The student will demonstrate knowledge of the
criminal justice process.
a. Analyze the steps in the criminal justice process.
b. Explain an individual’s due process rights.
c. Describe the steps in a criminal trial or civil suit.
d. Examine the different types of sentences a convicted person
can receive.
Essential Question: How do civil laws
and criminal laws differ? How are
criminal trials conducted?
Essential Questions Day 1
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Essential Question: How do civil laws
and criminal laws differ? How are
criminal trials conducted?
The Legal System and the Courts
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The U.S. legal system is adversarial.
 Competing sides present arguments.
 Lawyers play an important and active part.
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Americans tend to be litigious—they
tend to sue one another.
 People in democracies are
committed to personal freedoms
and the right to defend themselves.
 Many people do not have insurance; when
injured, they have to sue to receive
compensation.
Substantive and
Procedural Laws
Substantive laws define what people
can and cannot legally do. Example:
A law prohibiting driving more than a
certain speed
 Procedural laws establish
the procedures used to
enforce and apply other
laws. Example: A law
stating how evidence
should be collected in a
criminal case
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Criminal Laws
Criminal laws define crimes against the
state or society.
 If a person violates criminal laws, the state
may prosecute her or him.
 If a defendant is found guilty, she or he
may be punished according to the law.
 We speak of criminals
“paying their debt to society”
because their actions are
seen as harming society.
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Civil Laws
Civil laws regulate interactions between
people.
 If a person damages another person’s
property or fails to fulfill a contract, the
injured party may sue that person.
 The government uses courts to resolve
injuries, but the case is between the two
people and does not involve the state.
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Other Kinds of Laws
Constitutional law is contained
in the U.S. Constitution. It
establishes the basic powers of
government and the basic
rights of individuals.
 Statutory law is made by state
and federal legislatures.
 Administrative law is made by
bureaucratic agencies.
 Executive orders are made by
presidents.
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Day 2 Essential Questions
How does original jurisdiction differ from
appellate jurisdiction?
 How are criminal trials conducted?
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Jurisdiction
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Jurisdiction refers to authority to hear a particular
case.
Federal courts have jurisdiction in cases that involve
a federal crime, the federal government, the
Constitution, or a state as a party. In all other cases,
state courts have jurisdiction.
Cases subject to concurrent jurisdiction can be
heard in both state and federal courts.
The first court to hear a case has original
jurisdiction.
Courts that hear appealed court decisions have
appellate jurisdiction.
Layers of Federal Courts
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Federal courts are also structured into
three tiers:
 U.S. district courts hear cases and have
original jurisdiction.
 U.S. courts of appeal hear appeals from the
lower trial courts.
 The U.S Supreme Court is
the final court of appeal at
the federal level.
Layers of State Courts
 State
courts generally fall into three
tiers, as shown in the chart below.
 The names of the courts vary by state.
The Dual Court System
The Inferior Federal Courts
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Constitutional and
Legislative Courts
 Article III, Section I, of the Constitution establishes
the U.S. Supreme Court and authorizes Congress to
establish inferior (less powerful) courts.
 Congress has established two broad classes of
courts:
○ Constitutional courts include U.S. district courts, U.S.
courts of appeals, the U.S. Court of Appeals for the
Federal Circuit, and the U.S. Court of International
Trade.
○ Legislative courts deal with specialized matters
arising from complicated issues. Example: Foreign
Intelligence Surveillance Court and U.S. Tax Court
District Courts
There are 94 district courts. Each state has
at least one, and some have as many as
four.
 District courts have original jurisdiction
over:
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 Any question that involves a federal issue or the
federal government
 Any issue that involves the
Constitution or Congress
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District courts follow standard
trial procedures: attorneys present
evidence and examine witnesses.
U.S. Courts of Appeals
There are 13 U.S. courts of
appeal. Eleven cover states
or groups of states, the twelfth
covers Washington, D.C., and
the thirteenth covers specialized
areas of the law.
 U.S. courts of appeal hear appeals from
the district courts.
 For an appeal, the facts of the case are
assumed to be correct, and only the
procedures and legal findings are
examined.
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U.S. Courts of
Appeals Circuits
U.S. Courts of Appeals
Procedures
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Courts of appeal address only issues of law:
No jury is impaneled; no evidence is
presented; no witnesses are called.
Lawyers present written arguments called
briefs and make oral arguments to persuade
the justices.
A panel of three justices reads
the briefs and hears the oral
arguments.
The justices’ staff researches
relevant precedents (previous
decisions) that should guide their decisions.
Staffing the Inferior
Federal Courts
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Two requirements in the Constitution
protect judges on constitutional, but not
legislative, courts from interference by the
other two branches of government:
 Judges are appointed for life as long as they
exhibit “good behavior.”
 Congress cannot reduce a judge’s salary while
he or she is in office.
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Federal judges must be nominated by the
president and confirmed by the Senate.
This helps ensure that properly qualified
people become judges.
Criteria Used to Select Judges
Reward: Candidates are often selected to
reward political friendship or support.
 Senatorial courtesy: Senior senators
have significant power to name district
court judges to serve in their states.
 Ideology: Nominees may interpret the
Constitution narrowly, as strict
constructionists, or broadly, as judicial
interpretivists (or judicial activists).
 Merit: The American Bar Association rates
potential candidate’s qualifications.
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The Supreme Court and Judicial
Review
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Judicial review is the Supreme Court’s power
to review acts of the legislative and executive
branches and invalidate them if they contradict
the Constitution.
Some founders argued that it would allow
unelected judges to overrule the legislative will
of the majority.
Others (including Alexander
Hamilton) believed it would
allow the judiciary to make sure
that the legislature was passing
laws that were consistent with
the Constitution.
Establishing Judicial Review
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Chief Justice John Marshall asserted
that the powers of the Supreme Court
included judicial review.
In Marbury v. Madison, Marshall held
part of the Judiciary Act of 1789
unconstitutional, thereby using the
Court’s authority to interpret the meaning of
laws.
This power was not expressly stated in the
Constitution.
After Marbury, the Court could declare acts of
the other two branches unconstitutional, and
they could not be enacted.
Nominee Selection Criteria for
U.S. Supreme Court Justices
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Merit:
 Nominees are usually qualified.
 In 2005, however, Harriet Meiers was
rejected because of inexperience.
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Ideology:
 Justices generally interpret the law as the
president who nominated them expected.
 However, the liberal rulings of Chief Justice
Earl Warren surprised (and displeased)
President Eisenhower.
Nominee Selection Criteria for
U.S. Supreme Court Justices
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Reward:
 Several presidents have nominated allies.
 Those allies were rejected when their
relationship with the president seemed too
close.
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Representation:
 Past presidents tried to balance the religious
backgrounds of the Supreme Court justices.
 Recent presidents have considered nominees’
political views.
 Most Supreme Court justices are white and
male.
Confirmation by the Senate
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The Senate Judiciary Committee plays the
largest role in the approval process.
In the past, most hearings and votes were
formalities. Some, however, have been heated
and bitter.
Nominees are more open about their
ideologies, and the Senate majority and the
president can be from opposing parties.
Example: Republican President Ronald
Reagan nominated Robert Bork (a political
and legal conservative) in 1987.
The Democratic-led Senate did not
confirm Bork.
Choosing Which Cases
to Hear
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The Supreme Court hears cases that meet
three criteria:
 Are within its jurisdiction
 Are controversial
 Have seriously injured the petitioner
Most cases have been appealed from
lower courts.
 Interest groups can file amicus curiae
briefs (“friends of the court” documents) to
try to influence the Court to take a case.
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Choosing Which Cases
to Hear
Each justice has several law clerks who
read petitions and recommend cases for
consideration.
 When at least four justices (the Rule of
Four) decide to hear a case, the Court
issues a writ of certiorari, or a formal
request for the documents of a case it
has agreed to hear.
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Deciding Cases
Once a case has been accepted, it is
put on the docket.
 The lawyers for each side present
written arguments for the Court to
consider.
 Each side gets only 30 minutes in front
of the Court to make oral arguments.
 The justices make their
decisions before and during
conference meetings
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Internal Factors That Influence
Justices’ Decisions
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Justices are influenced by their own
attitudes toward interpreting the
Constitution:
 Those who support judicial activism believe in
aggressive judicial review, overturning
precedents, and shaping government policy.
 Those who support judicial restraint believe in
following precedents, keeping their rulings
narrow, and avoiding lawmaking by the Court.
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Justices are also influenced by their own
backgrounds, party affiliations, and political
views.
Writing Opinions
If the chief justice agrees with
the majority, he or she writes
the majority opinion.
 If the chief justice does not
agree, then the most senior
member of the majority writes the opinion.
 If justices agree with the majority decision
but not its reasoning, then they may write a
concurring opinion.
 Justices who disagree with the majority
opinion may write a dissenting opinion
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Basic Freedoms and the First Amendment
Civil Rights and Civil Liberties
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Rights and liberties are general freedoms or
privileges.
When the terms rights and liberties are preceded by
the word civil, their meanings become more specific.
Civil liberties are individual freedoms guaranteed by
the Constitution, primarily by the Bill of Rights.
The Constitution guarantees civil liberties by limiting
the power of the government.
Civil rights are rights of every U.S. citizen.
Civil rights are protected and enforced by the
government.
Conflicting Rights
Rights = Power
Rights = Conflict and controversy
 There are two basic types of conflict over
rights:
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Between individuals
Between individuals and society
What happens when rights of individuals
have a negative effect on society?
 Society has the right to limit behavior to
reduce the cost to society.
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How Do We Resolve Conflicts
about Rights?
The courts: The judicial system can settle
disputes among individuals.
Congress: Congress plays a large role in limiting
rights and protecting them.
The president: Presidents can use influence to
limit or protect individual rights, as when John F.
Kennedy originated the Civil Rights Act of 1964.
The people: Individuals can sue the government
for infringements on their rights. Organizations
such as the ACLU help people fight such battles.
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Implementing the Bill of Rights
Incorporation allows
the Supreme Court to
require states to protect
basic liberties guaranteed
by the Constitution.
 Selective incorporation
allows the Court to consider
rights case by case.
 Incorporation is not an absolute principle.
 The Supreme Court created incorporation,
and it also
interprets how the principle is applied.
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The 1st Amendment- Religious
Freedom
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Thomas Jefferson and James Madison
both agreed that:
 Combining church and state could
jeopardize religious freedom.
 If religion and politics are integrated,
religious purity could be ruined.
 Religion could be a dividing factor instead of
a unifying one.
The Establishment Clause
The establishment clause states,
“Congress shall make no law respecting
an establishment of religion.”
 At the time of the founding, 11 of 13
states declared themselves Christian.
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Separation versus
Accommodation
Separationists believe in the separation
of church and state.
 Accommodationists believe that the
state can accommodate for religion as
long as the state does not show
preference for one religion over another.
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Recent Rulings on the
Establishment Clause
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The Warren Court
During the 1960s, Chief Justice Earl
Warren led the Supreme Court.
The Warren Court supported the
separationist position.
The Warren Court ruled that laws
requiring prayer or reading the Bible
in public schools were unconstitutional.
The Warren Court struck down an
Arkansas law that prohibited teaching
evolution.
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Recent Rulings on the
Establishment Clause
The Lemon Test
 Presidents Richard Nixon and Ronald
Reagan appointed more conservative
judges, and the Court moved toward an
accommodating position.
 The Lemon test (based on Lemon v.
Kurtzman, 1971) states that justices
must first determine how connected
politics and religion are in a case, before
deciding the case.
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The Free Exercise Clause
The free exercise clause states that
Congress shall make no law prohibiting the
free exercise of religion.
 This means that Congress cannot pass
laws that prohibit worshiping as one
chooses.
 Worshiping as one chooses may
include wearing certain clothing,
praying at specific times of the day,
and eating (or not eating)
particular foods.
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Limits on Religious Freedom
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In 1940, the Court stated that a difference
exists between the freedom to believe and the
freedom to act according to beliefs.
Because religious action may conflict with civil
order, the freedom to act is subject to
governmental regulation. Police power
provides order and security to citizens.
If any limitation is placed on religious freedom,
the government must show that it is absolutely
necessary for an important governmental
purpose.
This showing is referred to as a compelling
state interest.
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