THE FEDERAL COURTS STUDENT NOTES 10.1

ARTICLE III Creates ONE Supreme Court Inferior courts created by CONGRESS Judiciary Act of 1789 Original and appellate JURISDICTION Appointed by POTUS; Senate approval Serve for “good behavior” No set number of judges No mention of JUDICIAL REVIEW

Development: Role of the Courts ORIGINALLY Rule on existing law DO NOT make law Purpose of a case was NOT to learn what the judge BELIEVES but what the LAW requires NOW Judicial activism No longer rule on existing law – MAKE THE LAW Common law system Federalist #78 Alexander Hamilton – neutral role of courts Weakest branch “has no influence over either sword or the purse” “can take no active resolution whatever” “neither force nor will but merely judgment” “beyond comparison the weakest of the three departments of power” “liberty can have nothing to fear from the judiciary alone”

Development: Role of Courts JURISDICTION OF SCOTUS “ The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.” LIMITED ORIGINAL LARGE APPELLATE 1787-1865 Nation v. state, slavery, federal legitimacy 1865-1937 Gov’t v. economy 1938-now Personal liberty, social equality BoR/14th Amendment/selective incorporation

WHERE DO COURTS COME FROM? SCOTUS = US CONSTITUTION FEDERAL COURTS = JUDICIARY ACT OF 1789 (originally) or CONGRESS creates more STATE COURTS = EACH STATE LEG

Structure: Dual System STATE FEDERAL Constitutional District courts Courts of appeals US Supreme Court Criminal & civil cases Vary from state to state County, circuit, district, superior Handle criminal Grand theft Shoplifting Rape And Civil Divorce Property disputes Car accidents

FEDERAL JURISDICTION 1. Constitutional questions 2. Laws enacted by the federal government 3. Admiralty and Maritime Law 4. Disputes where the US government is involved 5. Controversies between states 6. Disputes involving foreign governments  7. US Ambassador, minister, and other consuls serving in foreign countries

Structure

CRIMINAL V. CIVIL CRIMINAL Commission of acts specifically prohibited by written statute Burden of proof = STATE CIVIL Everything else Provides a means for a person to enforce a right or to correct a wrong that is not specified by criminal code B/t people and private matters Marriage Wills Contracts Property Burden of proof = plaintiff or defendant Addresses the need for a society to keep order and to assign punishment to those who commit forbidden acts

DC – general trial courts of the federal gov Created by Congress

The Jurisdiction of the Federal Courts Figure 16.3 Copyright © 2015 Cengage Learning. All rights reserved.

Structure: Selecting Judges FEDERAL appointments made by POTUS STATE appointments made by GOV. or VOTE (vary) No formal requirements President appoints judges to the federal courts Criteria political party, ideology, ethnic representation, gender representation Tenure in office “good behavior”: federal “life-time appointment” Ideology does not determine behavior Rationale: judicial independence Impeachment - only way to remove a federal judge from office Confirmed by majority vote in the Senate

Selecting Justices Presidents seek judicial appointees who share their political ideologies. Senate filibusters have delayed judicial nominations, causing several potential judges to remove their names from consideration.

JUDICIAL VACANCIES

SENATE JUDICIARY COMMITTEE The Judiciary Committee evaluates the nominee by gathering information, running a background check, and reviewing the record and qualifications of the nominee.  

Female Judicial Appointments 1963–2013 Copyright © 2015 Cengage Learning. All rights reserved.

Minority Judicial Appointments 1963–2013 Copyright © 2015 Cengage Learning. All rights reserved.

THE POLITICS OF CONFIRMATION Senatorial courtesy – POTUS nominates qualified person BUT needs approval from senior senator (of POTUS’ party) where district judge is to serve Justice Dept. finds candidates that match POTUS political philosophy Senate judiciary committee holds confirmation hearing

___________ selects the federal judges. A federal law must be _________ in order to be considered legal. You can sometimes __________ to a higher court, if you lose a case. Federal cases are first heard in ___________. The three levels of federal courts are ______. Somebody would appeal his court case if _________. The __________ may decide whether it wants to take a case on appeal. Judicial review is when the judge ________ When a case is decided and becomes a guide for similar cases _________ is established.