The Federal Court System Judicial Branch

Two kinds of judicial law cases: Criminal law case: government charges individuals with violating specific laws which warrants punishment  prison or fines Civil law case: involves a dispute between two parties over a wide range of matters  contracts, property, divorce, custody, personal and property damage

Judicial cases can be based on two types of law: Statutes: laws passed by legislatures Common law: an accumulation of judicial decisions about legal issues Litigants – two parties in a court case; the plaintiff and defendant

Structure of Federal Judicial System

A. District Courts 1. 94 courts; at least 1 in each state including DC and Puerto Rico 2. each court has its own US Attorney who is nominated by Pres. And confirmed by Senate 3. 675 judges

District Courts, con’t. 4. Courts of original jurisdiction – courts that determine the facts of a case (criminal or civil); 90% begin and end here 5. These are the only federal courts that hold trials and impanel juries 6. Crimes heard here a. Federal crimes (98% are handled in state/local courts) b. Civil suits under federal law c. Civil suits between citizens of different states where the amount exceeds $75,000

B. Courts of Appeals 1. Review all final decisions of district courts 2. About 75% of 55,000 cases filed come from district courts 3. Divided into 12 judicial circuits, including 1 for DC a. Each circuit (except DC) serves at least 2 states – 179 judges total

Courts of Appeals, con’t. 4. These courts focus on correcting errors of procedure and law that occurred in the original proceedings of legal cases 5. These courts hold no trials and hear no testimony 6. These decisions set precedent for all courts and agencies within their jurisdictions

C. Supreme Court

C. Supreme Court 1. Resolves conflicts among the states 2. Maintains national supremacy in the law 3. Ensures uniformity in the interpretation of national laws 4. Made up of 9 justices: 8 associates and 1 chief justice (only Supreme Court justices are called that – all others are called judges 5. Number of justices not noted in Constitution – have had as few as 6 and as many as 10; since Grant’s presidency, number has been at 9

C. Supreme Court 6. The Court decides what cases it will hear 7. Most cases are appeals from federal courts; state cases are only heard if they involve a “substantial federal question.” 8. The Court will not try to settle matters of state law OR determine guilt or innocence in state criminal proceedings

C. Supreme Court 9. Justices are appointed for life (nominated by President; confirmed by Senate) 10. President can only nominate if there is a vacancy 11. Through 2012 there have been 153 nominations and 112 people have served

Supreme Court A. Accepting Cases 1. ~8,000 cases submitted; ~80 formal written decisions/year (2013 – 75) 2. Once a week, justices meet in private, to discuss submitted cases 3. Four justices (Rule of 4) must agree to review a case 4. Issue a writ of certiorari  formal documents calling up a case from a lower court 5. Most likely to select cases that involve major issues: civil liberties, law interpretation 6. US Solicitor General is important influence on whether Court reviews a case

Supreme Court - The Process 1. From 1st Monday/Oct  June oral arguments are heard in 2 week cycles: 2 weeks arguments – 2 weeks reflection and opinion writing Prior to oral arguments the justices have read briefs prepared by both parties as well as amicus curiae briefs Oral arguments: Each side gets 30 minutes – when red light at podium goes on, must stop immediately Justices (only) can interrupt at any time 4.

5. In discussion – justices decide – must 5. In discussion – justices decide – must write an opinion explaining the ruling a. Majority Opinion – the most senior justice writes this b. Concurring Opinion – supports the majority opinion, but for a different reason c. Dissenting opinion – opposed to all or part of the majority decision 6. At least 6 justices must participate in a case  majority rules; if there is a tie, the lower court ruling stands

7. 5 votes in agreement are needed to. serve as a precedent to a lower 7. 5 votes in agreement are needed to serve as a precedent to a lower court a. Precedent – how similar cases have been decided in the past b. Stare decisis – “let the decision stand” – most cases in appellate court are settled on this principle

Obtaining space on the Supreme Court’s docket

Supreme Court’s decision-making process

8. Judicial Implementation – how and whether court decisions are translated into actual policy

9. Judicial Review – the power of the courts to determine whether acts of Congress, and by implication the Executive, are in violation of the Constitution (1803 Marbury v. Madison) Although the immediate effect of the decision was to deny power to the Court, its long-run effect has been to increase the Court’s power by establishing the rule that ‘it is emphatically the province and duty of the judicial department to say what the law is.’ Since Marbury v. Madison the Supreme Court has been the final arbiter of the constitutionality of congressional legislation.

10. Judicial Restraint – judges adhere closely to precedent and play minimal role in policymaking a. They defer to legislatures and upholding laws

11. Judicial Activism – judges sometimes make bold policy decisions, even charting new Constitutional ground