The Judiciary

History of the US Judiciary System No court system under the Articles of Confederation Established in the Constitution under Article III Remember it’s the smallest article in the Constitution Hamilton believed that it was the least dangerous branch of the government

Judiciary Act of 1789 Supreme Court 3 Circuit Courts Chief Justice 5 associate justices 3 Circuit Courts Each had 2 Supreme Court justices and a district judge 13 District Courts District judge (13 states) Created 2 sets of lower courts below the Federal Court System

US Supreme Court 1789-1801 First 12 years the court ruled on only 50 cases John Jay: 1789-1795 John Rutledge: July 1795-Dec. 1795 Oliver Ellsworth: 1796-1800 John Marshall: 1801-1835 Established the power of the judiciary branch Ruled on most of the Landmark Cases that established judicial power

Marshall Court Sec. of State under Adams Marbury v. Madison Was responsible for delivering the Midnight Appointments Failed to deliver 17 appointments Marbury v. Madison Fletcher v. Peck Gibbons v. Ogden McCulloch v. Maryland

Current Court Set-up US Circuit Courts Colorado District Courts

Types of Courts Trial Courts Appellate Courts ORIGINAL JURISDICTION Appeals Courts Rules on the decisions of the lower courts

Original Jurisdiction Appellate Jurisdiction Hears the case first Generally a trial case Determines the facts of the case District Courts Supreme Court Reviews the decision of the lower court Generally no new evidence is included in an appeal case Circuit Courts Supreme Court

Criminal Law Civil Law Trial for crimes Protection of property and safety Violence Theft Crimes that break contractual agreements Business crimes Can be tried criminally and in a civil trial

Constitutional Law All based on Amendments Texas v. Johnson The court case is always based on Constitutional underpinnings State or Federal Constitutions can be used 1989 Outside the Republican National Convention in Dallas Gregory Johnson was protesting Reagan Burned an American Flag Pled NOT GUILTY under protection of the first amendment Court ruled that ‘symbolic’ protest is protected under 1st amendment

The Takings Clause of the 5th Amendment Prohibits a state from taking private property for public use without just compensation Eminent Domain

Torts Intentional Torts Public Personalities Defamation Refers to false statements that harm someone’s reputation 4 elements to win a lawsuit Defamatory statement Words likely to harm a persons reputation Falseness the statement must be false Communicated Communicated to at least one other persons Injury Must show some sort of injury A public figure must prove actual malice The defendant knew that the statement was false or acted with reckless disregard of the truth

Privilege Absolute Qualified Exists in courtrooms and legislative hearings Anything can be said and they can’t be sued for defamation Exists when two people have a legitimate need to exchange information

Additional Intentional Torts Battery Assault Intentional touching of another person in a way that is unwanted or offensive When a defendant does some act that makes a plaintiff fear an imminent battery

Stare Decisis “Let the decision stand” Essence of common law Refers to the precedent Osterlind v. Hill-Canoe case

Statutory Law Most new law Statutes affect each of us every day The part of the law that people have control over

Statutory Interpretation Plain Meaning Rule Words have ordinary, everyday meaning Can’t fire someone who is a Catholic claiming that Catholicism isn’t a religion (Civil Right Act 1964) Legislative History and Intent If the language is unclear the court must look at the intent of the law based on its history Public Policy If plain meaning and history are unclear they will rule based on public policy

The Courts as Policymakers Making Decisions Oral arguments heard by the justices Justices discuss the case One justice will write the majority opinion (statement of legal reasoning behind a judicial decision) on the case

The Courts as Policymakers Making Decisions (continued) Dissenting opinions are written by justices who oppose the majority. Concurring opinions are written in support of the majority but stress a different legal basis. Stare decisis: let previous decision stand unchanged Precedent: how similar past cases were decided May be overruled Original Intent: the idea that the Constitution should be viewed according to the original intent of the framers

The Courts as Policymakers Accepting Cases Use the “rule of four” to choose cases Issues a writ of certiorari to call up the case Supreme Court accepts few cases each year

The Courts as Policymakers Accepting Cases (continued) The Solicitor General: a presidential appointee and third-ranking office in the Department of Justice is in charge of appellate court litigation of the federal government Four key functions: Decide whether to appeal cases the government lost Review and modify briefs presented in appeals Represent the government before the Supreme Court Submit a brief on behalf of a litigant in a case in which the government is not directly involved

Understanding the Courts What Courts Should Do: The Scope of Judicial Power Judicial restraint: judges should play a minimal policymaking role Judicial activism: judges should make bold policy decisions and even chart new constitutional ground Political questions: means of the federal courts to avoid deciding some cases Statutory construction: the judicial interpretation of an act of Congress