The Judicial System Chapter 15

The Judicial System Two types of cases: Criminal Law: Government charges an individual with violating one or more specific laws. Civil Law: Disputes between two parties and the relationship between them. Lawsuits

The Judicial System Dual Court System Federal courts – hear federal crimes Supreme Court Inferior Courts – any federal court below the Supreme Court State courts – hear all other crimes Most cases are tried and resolved in state courts (97%), not federal courts (3%).

The Judicial System Jurisdiction The authority of a court to try and decide a case Determined by the case’s subject/location Original jurisdiction Court in which a case is first heard Appellate jurisdiction Court that hears a case on an appeal from a lower court Can uphold, overrule, or modify the ruling

The Judicial System Participants in Federal Court Litigants – Standing to Sue Plaintiff-the party bringing the complaint/charge Defendant-the party being accused Judge Nominated by the President, confirmed by Senate Jury The 12 people who decide the outcome of a case Attorneys Public Defenders – lawyers assigned to defend the poor

Constitution on the Supreme Court Article III, Section 1 Creates Supreme Court Gives Congress the power for inferior courts Serve “during good behavior”

Judiciary Act of 1789 Established structure and jurisdiction of the federal courts Created the position of attorney general DOJ was established in 1870 Has been amended but largely intact

Federal Court System District Courts 94 Hear all cases involving federal jurisdiction (unless it falls in the jurisdiction of a specialty federal court) Includes territorial courts for D.C., Puerto Rico, US Virgin Islands, Guam, Northern Mariana Islands US Tax Court—Tax law and federal tax fraud Federal Court of Veteran’s Appeals—veteran’s issues

Federal Courts Continued US Bankruptcy Courts Federal Agency “hearings”—agencies, like the IRS, holds hearings and functions as a federal court with lawyers, procedures and decisions Circuit Courts of Appeals (Federal Circuit Courts)—hears appeals from the above courts 13 in total. 12 regions (circuits) 1 Circuit Court of Appeals for the Federal Circuit. National Court. See following slide

Specialty Federal Courts US Claims Court US Government has caused financial damages US Court of International Trade Disputes about trade that crosses international borders Circuit court of Appeals for the Federal Circuit Hears appeals from US Claims Court and US Court of International Trade Patent law appeals, etc.

Military Courts Military Tribunals Courts of Military Appeals One for each branch Courts of Military Appeals Hears appeals from Military Tribunals

Supreme Court 9 Justices: 1 Chief Justice, 8 Associate Justices Set by Congress. 9 since Grant Term begins on the 1st Monday in October Lasts until June/July Nominated by President-confirmed by Senate No Constitutional requirements

Path to the Supreme Court Three ways to reach the Supreme Court Original Jurisdiction (Constitution) Article III, Section 2 On Appeal from State Supreme Courts On Appeal from Federal Courts

Choosing Cases Decide which cases it will hear Usually involving issues of freedom in Constitution Few original, mostly appellate About 100 cases a year Rule of 4—agree to review Writ of Certiorari—to be more certain Order by the Supreme Court for a lower court to send the record of a given case for its review Solicitor General—3rd ranking official in DOJ

Court Session Read briefs beforehand Quorum – 6 Justices Oral arguments may be made for each side 30 min each Amicus Curiae Briefs Have interest but not directly involved

Making Decisions Justices discuss in conference Absolute secrecy Vote and write opinions (legal reasoning) Majority opinion – written to announce the Court’s decision and explain the reasoning Dissenting opinion – written by one who does not agree with the majority Concurring opinion – written by a member of the majority who wants to stress a point left out of the majority opinion Decision is announced weeks/months later

Supreme Court Rulings 2 Ways to rule on a case: Uphold/Affirm the Precedent Stare Decisis – Let the decision stand (Precedent: How similar cases were decided in the past) Overturn/overrule the precedent Rule differently than previous decisions

Stare Decisis Marbury v Madison, 1803 McCulloch v Maryland, 1819 Gibbons v Ogden, 1824 Baker v Carr, 1962 United States v Nixon, 1974