The Federal Courts Chapter 16 Rixie

Two Major Types of Cases Criminal Law Civil Law Gov’t charges individual with law violation Robbery, illegal drug possession, assault, embezzlement, etc. If convicted, leads to punishment Imprisonment; fine; community service Dispute between two parties (one may be gov’t) Contracts, divorce, malpractice suits, etc. Often resolved or settled without punishment, though fines and fees may be imposed

Can you take ANYTHING to court?? Must have: Standing to sue Serious interest in the case A justiciable dispute Something that can be solved legally A plaintiff brings suit against a defendant

Other participants in the legal system: Attorneys Wealthy people can afford high- profile ones Gov’t provides public defenders to the accused who can’t afford a lawyer Interest groups may seek out litigants NAACP, ACLU Also file amicus curiae briefs

Types of Courts State courts: Federal courts: Where most criminal cases begin and end, and many civil cases Highest level is state Supreme Court Federal courts: Constitutional courts, including District Courts & Courts of Appeals Specialized legislative courts (ex: Tax Court; Court of Military Appeal) Supreme Court!

Quick Quiz! The two types of cases include criminal law and ___________ law. Civil This term means that you have a serious interest in a case, such as being in danger of direct injury or severe impact. Standing to sue What are the two types of federal courts? Constitutional and legislative

Which court hears the case? Original Jurisdiction Appellate Jurisdiction The courts that hear a case first. Determine the facts of the case. Goes to an appeals court when the original decision is appealed by a litigant. Only look at legal issues.

The 91 District Courts have jurisdiction over: Federal crimes Civil suits under federal law Suits between citizens of different states (to name a few) The U.S. Courts of Appeals are in each of 12 judicial circuits in the U.S. Mostly hear appeals from district courts No trials, no testimony, only looking for errors of procedure & law How are these lower courts established? Acts of Congress

The U.S. Supreme Court The Top Dog 9 Justices (all other courts have judges), including 1 chief justice Congress sets the number Decides which cases to hear Has some original jurisdiction, but most cases come from appeals

Quick Quiz! True or False? Appellate courts take a second look at the facts of a case. False (they only review the legal issues involved) The District Courts have jurisdiction over legal disputes between citizens of different states. True (because a state court may not be impartial) There have been 9 SC justices consistently since the nation’s founding. False (the number varies according to acts of Congress)

Who are the current Supreme Court Justices?

John G. Roberts, Jr. Chief Justice of the United States Born in Buffalo, New York, January 27, 1955 Married with 2 children Catholic Received a B.A. from Harvard College in 1976 and a J.D. from Harvard Law School in 1979. He served as a law clerk for then-Associate Justice William H. Rehnquist of the Supreme Court of the United States during the 1980 Term. Appointed to the United States Court of Appeals for the District of Columbia Circuit in 2003. President George W. Bush nominated him as Chief Justice of the United States, and he took his seat on September 29, 2005. Conservative

Anthony M. Kennedy Associate Justice Born in Sacramento, California, July 23, 1936. Married with 3 children. Catholic Received his B.A. from Stanford University and the London School of Economics, and his LL.B. from Harvard Law School. Appointed to the United States Court of Appeals for the Ninth Circuit in 1975. President Reagan nominated him as an Associate Justice of the Supreme Court, and he took his seat February 18, 1988. Moderate

Clarence Thomas Associate Justice Born in the Pin Point community of Georgia near Savannah June 23, 1948. Married with one child by a previous marriage. Catholic Attended Conception Seminary and received an A.B., cum laude, from Holy Cross College, and a J.D. from Yale Law School in 1974. Became a Judge of the United States Court of Appeals for the District of Columbia Circuit in 1990. President Bush nominated him as an Associate Justice of the Supreme Court, and he took his seat October 23, 1991. Conservative

Ruth Bader Ginsburg Associate Justice Born in Brooklyn, New York, March 15, 1933. Married with two children. Jewish Received her B.A. from Cornell University, attended Harvard Law School, and received her LL.B. from Columbia Law School. Professor of Law at Rutgers University School of Law from 1963–1972, and Columbia Law School from 1972–1980, and a fellow at the Center for Advanced Study in the Behavioral Sciences in Stanford, California from 1977–1978. In 1971, she was instrumental in launching the Women’s Rights Project of the American Civil Liberties Union, and served as the ACLU’s General Counsel from 1973–1980, and on the National Board of Directors from 1974–1980. Appointed a Judge of the United States Court of Appeals for the District of Columbia Circuit in 1980. President Clinton nominated her as an Associate Justice of the Supreme Court, and she took her seat August 10, 1993. Liberal

Stephen G. Breyer Associate Justice Born in San Francisco, California, August 15, 1938. Married with 3 children. Jewish Received a BA from Stanford University, a B.A. from Magdalen College, Oxford, and an LL.B. from Harvard Law School. Assistant Professor, Professor of Law, and Lecturer at Harvard Law School, 1967–1994, a Professor at the Harvard University Kennedy School of Government, 1977–1980, and a Visiting Professor at the College of Law, Sydney, Australia and at the University of Rome. President Clinton nominated him as an Associate Justice of the Supreme Court, and he took his seat August 3, 1994. Liberal

Samuel Anthony Alito, Jr. Associate Justice Born in Trenton, New Jersey, April 1, 1950. Married with 2 children. Catholic Received an A.B. from Princeton University in 1972 and a J.D. from Yale Law School in 1975. Appointed to the United States Court of Appeals for the Third Circuit in 1990. President George W. Bush nominated him as an Associate Justice of the Supreme Court, and he took his seat on January 31, 2006. Conservative

Sonia Soto-Mayor Associate Justice Born June 25th, 1954 in The Bronx 1st Hispanic justice Received a BA from Princeton and JD from Yale Has taught at NYU and Columbia Law schools President Barack Obama nominated her to fill the vacated seat by Justice David Souter Liberal

Elena Kagan Associate Justice Born April 28th, 1960 in NY, NY Received AB from Princeton and her JD from Harvard law school Taught at Harvard and became its first female dean President Barack Obama nominated her to replace the retired Justice John Paul Stevens. Liberal

Neil Gorsuch Associate Justice Born August 29, 1967, in Denver Catholic Nominated by President Donald Trump, 2017, after the death of Antonin Scalia Senate Confirmation Votes For 54 – Against 45 Harvard Conservative

Selecting Judges Most state and local judges are elected by the public. All federal justices and judges are nominated by POTUS & confirmed by the Senate Serve “during good behavior” Can be impeached, but rare Federal judge selection = highly political process! (even though the court itself is supposed to be insulated from politics)

What do presidents consider when making judicial appointments? What are the criteria for federal judges? What do presidents consider when making judicial appointments?

Lower Courts Power of POTUS is limited! Unwritten tradition of senatorial courtesy: Senate won’t confirm nominations for lower-court positions when opposed by a senator from the state in which the nominee is to serve Dept. of Justice & FBI conduct competency and background checks on potential nominees. Senate Judiciary Committee also investigates them. Sitting judges may initiate recommendations.

Supreme Court POTUS wants to leave a legacy! If Chief Justice position is vacant, POTUS may nominate a sitting justice or someone new. Sitting justices may try to influence nomination. Nominees keep low profile; extensive vetting process. Difficulties: partisan politics (especially with divided government); qualifications/experience sometimes challenged; nomination at end of term

Quick Quiz! True or false?: Federal judges, other than SC justices, serve at the will of the president, so are often dismissed. False (ALL federal judges serve during good behavior) This term means that senators from the same state as a judicial nominee have an influential say in confirmation. Senatorial courtesy The main thing most presidents are concerned with when nominating a new justice to the SC is the president’s ____________. Legacy

Some Technical Terms… Opinion - a written statement of legal reasoning behind a judicial decision Majority opinion - announces the Court’s decision in a case and sets out the reasoning on which it is based Concurring opinion - one or more of the justices who agree with the Court’s decision may write this to add a point that was not made in the majority opinion Dissenting opinion - one or more justices who disagree with the Court’s decision may write this

Amicus curiae briefs – “friend of the court,” briefs submitted by outside parties who have an interest in a case Stare decisis – “let the decision stand,” a principle that means an earlier decision should hold for a current case (most cases are settled this way) Precedent – refers to the way similar cases were previously handled; courts rely strongly on this concept