Federal Courts

Federal Court System Each of the states has its own court system who have their authority based in state constitutions. The SCOTUS and lower federal courts derive their power from the Constitution and from federal laws. The authority to hear certain cases is called a courts’ jurisdiction State courts have jurisdiction over cases involving state law and federal courts have jurisdiction over cases involving federal law

Federal District Courts Congress created district courts in 1789 to serve as trial courts. These trials are for both criminal and civil federal cases

Federal Judicial Courts and Districts

Federal Courts of Appeals A group or person who loses a case in a district court may appeal to a federal court of appeals or directly to the Supreme Court in some cases. The appeals courts were created in 1891 to ease the load of cases on the Supreme Court Usually a panel of three judges sits on each appeals court. These courts only have appellate jurisdiction. They can decide one of three ways: – Uphold the original decision – Reverse the decision – Send the case back to a lower court to be tried again Unless there is an appeal to the Supreme Court, the decision is final

SCOTUS Supreme Court

The Justices Chief Justice John Roberts- born 1955 nominated by George W. Bush. On the court since Considered to be conservative. Associate Justice Antonin Scalia- born 1936 nominated by Reagan. On the court since Considered to be conservative. Anthony Kennedy- Born 1936 nominated by Reagan. On the court since Considered to be moderate conservative (swing vote). Clarence Thomas- Born 1948 nominated by George H. W. Bush. On the court since Considered to be conservative.

Ruth Bader Ginsburg- Born 1933 nominated by Clinton. On the court since Considered to be a strong liberal. Steven Breyer- born 1938 nominated by Clinton. On the court since Considered to be a moderate. Samuel Alito- born 1950 nominated by George W. Bush. On the court since Considered to be a strong conservative Sonia Sotomayor- Born 1954 nominated by Obama. On the court since Considered to be liberal. Elena Kagan- Born 1960 nominated by Obama. On the court since Considered to be liberal.

Question 1.Why might it be a problem having justices that have political ideologies? 2.Do you think there is a way to remedy this problem?

How to get to SCOTUS The main route to get a case to SCOTUS is by a Writ of Certiorari (SUHR-shee-uh-RAR-ee), an order from the Court to a lower court to send up the records on a case for review. Some cases reach SCOTUS through the appeals process, when a lower federal or state court has ruled a law unconstitutional. Sometimes the highest court of a state might uphold a state law against claims that it violates federal law or the Constitution.

Selecting Cases SCOTUS does not hear all cases that are appealed or they are petitioned to hear. Out of thousands of potential cases, the Court only will hear a handful every year. While looking at the “discuss list” compiled by their clerks, the justices decide which cases to hear. If 4 out of the 9 justices agree, the Court will hear the case.

Procedures When SCOTUS decides to hear a case, the lawyers from both sides submit briefs, a written statement that set forth legal arguments, relevant facts, and precedents supporting their side of the case. Next, the lawyers are asked to give oral arguments before the Court. They are allowed 30 minutes to summarize the key points of the case. Lawyers are often interrupted by the justices and are asked questions about their arguments. During the term, the court sits for 2 consecutive weeks each month and they listen to oral arguments by lawyers on both sides of a case On Wednesdays and Fridays, the justices meet and hold a conference to discuss the case. This can last 30 minutes or a few hours long depending on the case.

Decision For major cases, the Court issues at least one written opinion that states the facts of the case, announces the ruling, and explains its reasoning for coming to the conclusion that it did. The opinion of the court is as important as the decision itself because it sets a precedent for the lower courts, future Supreme Court cases, and communicates with Congress, the President and the people. A majority opinion is written by a justice who voted with a majority of the justices on a case. A dissenting opinion is the opinion of the justices on the losing side in a case. This gives a reasoning for their disagreement, and may be used in future cases if the court changes their minds at a later date for a different case.

Question What are some things that come to mind when you think about Supreme Court justices? Do you think it is possible for Supreme Court justices to be completely objective when deciding a case?