Chapter 12 The Federal Courts Political Science 101 Chapter 12 The Federal Courts

Key Concepts Millions of cases come to trial in the US every year State & local courts handle the great majority of cases every year The key power of the courts is judicial review Only a small % of cases make it to the US Supreme Court Federal court decisions are shaped by ideology and activism

Terms Criminal law – regulates the conduct of individuals, defines crimes based on statutes, and assesses penalties Civil law – lesser law - disputes Habeas corpus – court order that forces the prosecution to confirm the cause for detention Judicial review – asserted power of the Federal courts – basis for most of its authority – recognizes its ability to rule on the constitutionality of a law or action Court of 1st resort – court with original jurisdiction Court of last resort – normally the US Supreme Court

Terms Rule of Four – determines which cases the Supreme Court will hear Opinion of the Court – official opinion of the Supreme Court Concurring Opinion – opinion written in support of the Opinion of the Court Dissenting Opinion – opinion written in opposition to the Opinion of the Court Judicial activism – court should go beyond the words of the Constitution Judicial restraint – court should follow words of the Constitution – original intent

Federal Courts - overview System based on English law and traditions Article III the basis for the Federal Judiciary Very brief/no details Congress has created the structure Presidents nominate/US Senate confiirms Life appointment for justices Constitutional rights Amendments 4, 5, 6, 7 & 8

Federal Court Structure US District Courts 94 districts in 50 states, DC & territories (at least one per state) 2800+ judges/distribution based on caseload Appellate Courts & Specialty Courts 11 circuits plus DC 700+ justices Panels of justices/review briefs US Supreme Court 9 justices

Federal Courts District Courts Appellate Courts US Supreme Court Trial court Appellate Courts Must have been violation of Constitutional rights to appeal US Supreme Court Hears 60-75 cases a year

Justice Selection ABA reviews and establishes pool for each level of court President nominates Senate confirms Life appointment

US Supreme Court Convenes the 1st Monday of October Comprised of 8 associate justices 1 chief justice Ideology of each justice important (liberal, conservative or centrist)

US Supreme Court Typical week Monday and/or Tuesday – Court hears cases (either through “rule of four” or those mandated by Constitution) - 1 hour to argue case/receive questions from justices Wednesday/Thursday – research cases/write decisions already agreed to Friday – conference – discuss case(s) of that week - decide

US Supreme Court Types of Decisions: Opinion of the Court Required of every case decided – written by someone in the majority/determined by chief justice Concurring Opinion Optional – written by anyone who supported the decision/normally reflects different legal argument Dissenting Opinion Optional – written by anyone who opposed the decision/normally reflects different legal arguments

US Supreme Court US Supreme Court Reporter – annual volumes since 1789 – reports decisions of court for each year – includes Opinion of the Court as well as any Concurring/Dissenting Opinions Role of clerks – they do most of the legal research and initially draft opinions Court still does not allow cameras – somewhat aloof & secretive – somewhat mysterious