Teen Rights & the Law Ms. Stewart Basics of US Court System Prepared by Andy Austin United States Magistrate Judge

Three Branches of Government

Three Branches of Government US Supreme Court - Judicial Branch US Capitol -Legislative Branch White House - Executive Branch

Three Branches of Government

Three Branches of Government United States President Donald Trump Executive Branch United States Supreme Court Chief Justice John Roberts Judicial Branch United States Congressman Lloyd Doggett Legislative Branch

State vs. Federal Government

Branches of government - Texas

Branches of government - Texas Texas Supreme Court Chief Justice Nathan Hecht Judicial Branch Governor Greg Abbott Executive Branch Texas Senator Kirk Watson Legislative Branch

Branches of government Judicial Branch

Branches of government Executive Branch

Executive branch – federal system Criminal cases

Executive branch – federal system Criminal cases Loretta Lynch Former United States Attorney General (served under Obama)

Executive branch – federal system Soon to be this? Criminal cases Jeff Sessions Future United States Attorney General? (nominated by Trump, confirmed today?)

Executive branch – state system Criminal cases

Executive branch – state system Criminal cases Ken Paxton Attorney General of Texas Margaret Moore Travis County District Attorney

State vs. Federal Court - Austin courts for field trip

State Court Courts of general jurisdiction Can file any civil or criminal charge in state court unless statute prohibits that Certain cases can only be filed in state court: family law cases (divorce, custody); probate cases (wills) In Texas, state judges are elected Organized by county – court held in county seat

Federal Court Courts of limited jurisdiction You can only bring a case in federal court if there is a statute/law giving you the right to file charges or suit in federal court Judges are appointed Divided into geographic districts - 94 districts in total

What or who creates the federal courts?

Article III, Section 1 “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.”

12 U.S. Circuit Courts of Appeal The Federal Courts U.S. Supreme Court (9 judges) 12 U.S. Circuit Courts of Appeal (179 judges) U.S. Magistrate Courts (523 judges) U.S. District Courts (94) (667 judges) U.S. Bankruptcy Courts (352 judges)

Texas State Courts Texas Supreme Court (9 judges) 14 Regional Courts of Appeal (80 judges) County Courts (504 judges) District Courts (454 judges) Probate Courts (18 judges) Texas Court of Criminal Appeals

Trial court Question: How many judges?

Court of Appeals Question: How many judges/justices?

Western District of Texas trial court divisions Question: Which division of the Western District of Texas serves Austin?

Question: Which US Court of Appeals serves Texas?

United States Supreme Court Question: How many judges/justices?

United States Supreme Court Question: How many judges/justices?

United States Supreme Court Question: Who will replace Scalia United States Supreme Court Question: Who will replace Scalia? Trump’s nominee, Gorsuch?

United States Supreme Court http://www. supremecourt Chief Judge John Roberts Antonin Scalia Anthony Kennedy Clarence Thomas Ruth Bader Ginsburg Stephen Breyer Samuel Alito Sonia Sotomayor Elena Kagan Trump’s nominee – Neil Gorsuch

Your Supreme Court Justice http://www. supremecourt Name Where/when born Current age Race/ethnicity, sex When appointed and by which president (who is affiliated with which political party) Years on US Supreme Court so far Job history before became justice (generally) University/college and law school attended Interesting other facts (at least five)

US Supreme Court’s (very small) docket 10,000 cases filed (2010 term) 82 cases decided

Separation of Powers What does each branch of government do in relation to our laws?

Separation of Powers What does each branch of government do in relation to our laws? (1) The legislative branch WRITES the law.

Separation of Powers What does each branch of government do in relation to our laws? (1) The legislative branch WRITES the law. (2) The executive branch ENFORCES the law.

Separation of Powers What does each branch of government do in relation to our laws? The judicial branch INTERPRETS the law. (1) The legislative branch WRITES the law. (2) The executive branch ENFORCES the law.

Role of Supreme Court Interpret laws adopted by Congress If a law is not clear, it is left to the Courts to determine the proper way to apply the law to a particular fact scenario Interpret the Constitution The Supreme Court is the final decision maker with regard to the meaning of the Constitution

Constitutional interpretation How does a court decide what the Constitution means? What do you do when you need to figure out what is meant by a particular piece of writing? Ask the person who wrote it what they meant Look up the meaning of the words in a dictionary Try to figure out why the author was writing what was written Look at other similar writings to help you interpret the piece you’re reviewing

Constitutional interpretation All of these are models for ways in which judges have interpreted our Constitution Original meaning What did the drafters think the language meant? Perfectionist (the “Living Constitution”) What is the best way to interpret the language to get the best result for society? Pragmatic or minimal interpretation What is the most limited way to read the language so that we don’t change a lot of prior decisions?