CHAPTER 11

 U.S. Judiciary consist of federal/ state courts

 Foreign nations  Interpretation of the Constitution  Bankruptcy  Military/ maritime law  Ambassadors and public ministers  Disputes b/w two or more states  U.S. government or any U.S. office or agencies  Citizens who are residents of different states

 Concurrent- federal and state courts. Ex. A person from different states in a dispute over $75,000.  Original- trial courts have original jurisdiction  Appellate- if a person loses a case in a trial court may appeal the case in a federal court (court of appeals)

 Marbury v. Madison- Judicial Review  Fletcher v. Peck (1810)- Federal Courts have the power to review state laws (must be constitutional).  McCulloh v. Maryland- National government over state.

 After the Civil War the 13 th, 14 th, and 15 th Amendments were intended to ensure the civil rights of the freed African Americans  13 th - Abolition of slaves  14 th - Rights of Citizens  15 th - Right to Vote  However the court did not applied DUE PROCESS CLAUSE on the 14 th Amendment.  “no state may deprive any person of life, liberty, or property without due process of law”.

 Plessy v. Ferguson (1896)- ruled of the state of LA. Contradicts the 14th Amednment – Due Process  Separate cars for African Americans and whites… "separate but equal” ??? … Contradicts the 14th Amednment – Due Process  Overturned by Brown v. Board of Education of Topeka (1954)  Linda Brown was denied admission to her local elementary school.  The Supreme Court outlawed segregation in public schools.

 Slaughterhouse Cases (1873) – LA had granted a monopoly on the slaughtering business to one company.  Competing companies challenged this grant as denying them to practice their business.  They claimed that the 14 th amednment granted them with protection of equality.  The court ruled for the state of LA - The 14 th Amendment did not increase the rights of a person, only extended protection to those rights and privileges in a federal court rather than state…

 Constitutional Courts consist of 1. Federal District Courts 2. Federal Court of Appeals, 3. Court of International Trade

 The US has a total of 94 districts and each state having at least 1 district court.  There are more than 550 judges who preside over the district courts.  District Courts use two types: 1. Grand Jury= 16 to 23 people, hears charges against a person suspected of having committed a crime. - If they believe there is enough evidence an indictment (formal accusation charging a person with a crime) is issued 2. Petit Jury- 6 to 12 people, must deliver the verdict of guilty or not guilty

 The appellate level includes 13 U.S. Court of Appeals  Supreme Court/Federal Circuit Court (3 judge panel)

1. US Court of Federal Claims 2. US Tax Court 3. US Court of Appeal for the Armed Forced 4. Territorial Courts 5. Court of the District of Columbia

 Constitution provides that the president, with the advice and consent of the Senate, appoints all federal judges.  “during good behavior”

 Presidents favor judges who belong to their own political party. Judicial Philosophy  Justices are categorized by the following:  Judicial conservatives  Moderates  Liberals  All of these are based upon their interpretation of the United States Constitution

 A president submit the name of a judicial candidate before submitting it for formal Senate approval..  Federal judges are appointed by the US president and confirmed by the Senate under the Article III of the constitution.

 Original and appellate  Original: 1. Cases involving representatives of foreign nations certain cases in which a state is a party

 Both jurisdictions  Since 1869, the court consist of 8 justices and 1 chief justice who is nominated only for that position. (9)

 Hear and rule on a case  3 decision-making task: 1. Deciding which case to hear (Rule of Four) 2. Deciding the case itself 3. Explanation of the decisions, called Court’s opinion - The Chief Justice: 1. Presiding over sessions and conferences 2. Carries out leadership 3. Help administer the federal court system.

 About 8,150 cases were filed in about 82 were heard, 81 were issued an opinion.  Most arrive as writ of certiorari (to be informed)- is a request for the S.C. to order up records of lower court to review.

 Read all appeals filed and write memos summarizing the key issued in each case.  When cases are decided, the clerks help prepare the Court’s opinion by doing research and sometimes writing the draft for the opinions.  Top graduates from law schools

 Men/ women  African American  Hispanics

 Very political process  Senatorial Courtesy  Typically Judges….  have held other political offices (state court judge or prosecutor) …..Should they be elected or appointed