United states government Monday, December 4, 2017

Warm-Up: Federal Courts Review Draw this diagram in your notebook, and label it with the 3 levels of the Federal Court system: _____ ______ _______

Federal Law, attorneys, and judges

Federal State “Dual Court System” Structure

Civil Law Civil Law: Disputes between two parties over a wide range of matters What are some types of matters that might lead to civil suits? Classic areas of civil law: Contracts Torts Property Family law The civil law of most states is based on that state’s common law Whether there is such a thing as federal common law is a debatable issue; but nearly all of federal civil suits are based on statutes or regulations Most common subjects of civil disputes in federal courts: Government contracts Eminent domain Regulatory compliance State law suits where there is diversity of citizenship among the parties

Criminal Law Criminal Law: Involves cases in which the government charges an individual with violation of a criminal statute Crimes are entirely statutory, but some principles of common law may apply Example: Self Defense—does a person who is attacked have a duty to attempt retreat/escape before exercising the right to self defense? Most criminal law is state law Major areas of federal criminal law: Federal drug law Interstate trafficking (persons, pornography, etc.) Fraud Bank robbery Tax evasion Counterfeiting

The Appeals Process: The Parties Appellant: The party challenging the ruling in the lower court Appellee: Party who won in the lower court In a civil case, either party may appeal In a criminal case, the defendant may appeal the verdict or the sentence (punishment) imposed The government may not appeal a “not guilty” verdict in a criminal case, but may appeal the sentence imposed by the trial court

Access to Appellant Status Acceptable bases for appeals: 1) One or more erroneous legal rulings by the trial judge 2) Court misconduct 3) Unreasonable findings of fact based on the evidence presented at trial In the federal court system, the losing party has one “appeal as of right” Appeals to the Supreme Court are at the discretion of the justices

Supreme Court Justices: “The Nine” The Conservatives The Liberals John Roberts (Chief Justice) George W. Bush Harvard Law School Clarence Thomas George H.W. Bush Yale Law School Samuel Alito Anthony Kennedy Ronald Reagan Neil Gorsuch Donald Trump Ruth Bader Ginsburg Bill Clinton Columbia Law School Stephen Breyer Harvard Law School Sonia Sotomayor Barack Obama Yale Law School Elena Kagan

The Nine

Federal Judges Circuit Court Judges 68% male 77% white District Court Judges 68% male 75% white

Government Attorneys Office of White House Counsel Attorneys working for the President Office of the Solicitor General Attorneys working on behalf of the Executive Branch; Argue the government’s cases in the Supreme Court Most executive agencies have staffs of attorneys among their employees Of course, the Department of Justice employs the most government lawyers Some offices/sections within DOJ: Criminal Division Civil Rights Division Antitrust Division

Federal Criminal Lawyers The federal government’s prosecutors are known as U.S. Attorneys There is a U.S. Attorney’s office for each federal district court Many federal judges begin their careers as U.S. Attorneys There are also federal public defenders for each district court Unlike in most states, the salaries of federal public defenders are equal to those of their counterparts in the U.S. Attorney’s office But—there are many more USA’s than public defenders!

Exit Ticket: Practice MCQ Which of the following cases would be heard in a federal court? A) A dispute between a landlord and a tenant over unpaid rent. B) A class action lawsuit by neighborhood residents against a factory, for dumping toxic waste in violation of EPA regulations. C) A criminal complaint for assault and battery. D) A lawsuit by a widget manufacturer against a widget purchaser (both located in the same state), alleging non- payment for widgets that were delivered on time and in full.

Homework Free-Write Question: What role [could you/would you like] to play in the federal court system in your adult life? (1 Paragraph) You are not limited to the roles that we discussed in class today.