Overview of the judicial branch GOVT 2305. Module 15GOVT 2305, Module 15

Who are they? Who are these folks? In what branch of government do they belong? They are the justices who serve on the U.S. Supreme Court. It is part of the judicial branch. Who are they? Why is one missing?

Antonin Scalia Justice Antonin Scalia died last February while on a hunting trip to West Texas.

Merrick Garland President Obama nominated federal judge Merrick Garland to fill the vacancy, but the Senate refused to consider the nomination.

Donald Trump President Trump will now fill the vacancy.

Judicial Selection The president appoints federal judges subject to Senate confirmation by majority vote. When voters elect a president and a Senate, they are also choosing judges.

Life, with good behavior The Constitution says that judges serve for “life, with good behavior.” Why did the framers of the Constitution provide for the lifetime appointment of judges?

Federalist Papers Alexander Hamilton said this about life tenure: “And it is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws.” The framers wanted judges to be as little influenced by politics as possible.

Kinds of Courts Trial courts Appellate courts Trial courts hear testimony and review evidence. They have judges and, maybe, juries. They determine the facts of a case. Appellate courts make decisions based on points of law. They do not retry cases.

Courts in America Appellate court Appellate courts Trial courts

Lower Federal Courts

U.S. District Courts District courts are the basic trial courts of the federal system. They try all federal cases. District courts are trial courts, with judges, witnesses, testimony, evidence, juries, verdicts, etc.

Criminal cases A criminal case is a legal dispute dealing with an alleged violation of a penal law. Bank robbery Postal theft Drug trafficking

Civil cases A civil case is a legal dispute concerning a private conflict between two or more parties-- individuals, corporations, or government agencies. Contract dispute Bankruptcy

Jurisdiction Civil Criminal District courts have jurisdiction over bankruptcy cases filed under federal law, civil cases involving more than $75,000 in which the U. S. government is a party, and if either litigant requests it, lawsuits in which the parties live in different states and in which more than $75,000 is at stake. District courts try all federal criminal cases, including postal theft, bank robbery, securities fraud, etc. Note: Most cases (murder, robbery, burglary, assault, theft, divorces, personal injuries, etc.) are tried in state courts, not federal courts.

A judge is a lawyer who knows a senator. Senatorial courtesy is the custom that senators have a veto on the nomination of judges to staff district courts located in their states. When district court vacancies occur, senators from the states where the vacancies are located submit names to the president, who makes the official nomination. Note: Senatorial courtesy only applies to the appointment of U.S. district judges, not courts of appeal or Supreme Court judges.

Confirmation Process The Senate Judiciary Committee evaluates nominees. The staff conducts a background check and the committee holds a hearing. Although few nominees are rejected, the process is often slow.

U.S. Courts of Appeals Cases from Texas go to which court of appeals circuit? Texas is in the 5th Circuit. There are 12 courts of appeals including one for the District of Columbia.

Jurisdiction The courts of appeals hear cases appealed from federal trial courts, primarily U.S. district courts. These are appeals courts, with judges reading briefs and hearing lawyers argue about issues of law. Fifth Circuit Court of Appeals building in New Orleans, Louisiana

Procedures Appeals courts do not retry cases. They review records and consider legal arguments.

Appeals Court Actions The court may affirm (uphold) the lower court decision, reverse it, modify it, or affirm part of the lower court ruling while reversing or modifying the rest. Frequently, an appeals court may remand (return) a case to the trial court for reconsideration in light of the appeals court decision.

Final Word The courts of appeals have the final word on more than 95 percent of the cases they hear because the Supreme Court rarely intervenes on appeal.

Nomination Process More contentious than district court confirmations Senatorial courtesy does not apply Senate takes more care New arena for conflict between the parties

What You Have Learned How are judges selected? What is the length of their term of office? Why did the framers provide for lifetime appointment of judges? What is the difference between trial and appellate courts? How is the federal court system structured? What sorts of cases do district courts and the courts of appeals hear?