Understanding Our Federal Court System The Supreme Court is different... The Judicial Branch Tour of the Supreme Court Understanding Our Federal Court System iCivics Supreme Court Simulation

Article of the U.S. Constitution Article III of Constitution set up the Supreme Court and inferior Courts. Congress decides on the size of Supreme Court and whether there will be other courts in addition to the Supreme Court.

The U.S. Has A Dual Court System

I. State Courts In addition to federal courts each state has its own judicial system. Municipalities have judicial systems too. If a case is outside the jurisdiction of the federal courts state courts have the right to it. Besides Habeas Corpus jurisdiction of district courts the Supreme Court is the only court that can review state court decisions. Write example of case for state court.

II. Federal Courts **Many consider the U.S. Supreme court to be the worlds oldest Const. Court. Article III of the U.S. Constitution est. Federal Courts. Courts that “interpret” a countries Constitution are known as Const. Courts.

The United States District Courts are the trial courts of the federal court system. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico. Three territories of the United States -- the Virgin Islands, Guam, and the Northern Mariana Islands -- have district courts that hear federal cases, including bankruptcy cases. No state has more than 4. Each court has at least 2 judges, and as many as 28 District judges hold office for life (but they can be-& have been-impeached)

District Court Jurisdiction…. These are courts of original jurisdiction Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters. Mostly they are concerned with federal laws – crimes against the US Suits under national revenue, postal, patent, copyright, trademark, bankruptcy, and civil rights laws. Bankruptcy Courts are separate. The Federal Govt. holds sole jurisdiction over Bankruptcy; cannot be tried in state court.

Two special Trial Courts have Nationwide Jurisdiction: 1) The Court of International Trade addresses cases involving international trade and customs issues. 2) The United States Court of Federal Claims has jurisdiction over most claims for money damages against the United States, disputes over federal contracts, unlawful "takings" of private property by the federal government, and a variety of other claims against the United States. Write an example of a case that would + wouldn’t go to federal court!

Civil vs. Criminal Civil case -- a lawsuit brought by a party (the plaintiff) against another party (the defendant) claiming that the defendant failed to carry out a legal duty owed to the plaintiff and that the defendant’s breach of duty caused financial or personal injury to the plaintiff. Usually, the purpose of bringing the case is to get a court order for the defendant to pay for damages suffered by the plaintiff. Criminal case -- a case prosecuted by the government, on behalf of society at large, against an individual or organization accused of committing a crime. If the defendant is found guilty, the sentence (or punishment) is often imprisonment.

Officers of Federal District Courts US Attorney: United States Attorneys conduct most of the trial work in which the United States is a party. There are 93 United States Attorneys stationed throughout the United States, Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands. United States Attorneys are appointed by, and serve at the discretion of, the President of the United States, with advice and consent of the United States Senate. 1) The prosecution of criminal cases brought by the Federal government 2) The prosecution and defense of civil cases in which the United States is a party 3) The collection of debts owed the Federal government which are administratively uncollectible.

Attorney General Continued… The Attorney general appoints the assistant attorney. They are assisted by the FBI to prosecute people who have broken federal law. These attorneys have almost unlimited power to decide what, who, and how to prosecute. They negotiate with defendants’ lawyers and often work out plea bargains. The Solicitor General – called the tenth justice - represents the government before the Supreme Court. When the SG asks the Supreme Court to take a case they generally take it. The government is involved in about 2/3 of the cases heard by the Supreme Court and they win about 75% of them.

Magistrate Judges: A federal judge who serves in a United States district court. Magistrate judges are assigned duties by the district judges in the district in which they serve. There are 429 full time and 76 part time magistrate judges. Full-time magistrate judges serve for renewable terms of eight years. Some federal district courts have part-time magistrate judges, who serve for renewable terms of four years.

US Marshal: Marshals are given extensive authority to support the federal courts within their judicial districts and to carry out all lawful orders issued by judges, Congress, or the president. Jobs: Protecting Federal Judges Transporting Prisoners Managing Prisoners Protecting Witnesses Serving Court Documents

The Federal Court of Appeals reviews all cases from the district courts. The Federal Court of Appeals is divided into 12 judicial circuits Each circuit has 6 to 28 permanent judges (179 total) 9th court in West is very liberal & 5th is very conservative Why? After the Federal Court of Appeals where do cases go? The Supreme Court only reviews about 1% of Appeals Court cases a year.

Federal District Courts in Ohio: 4 Northern District Court of Ohio Southern District Court of Ohio Northern District of Ohio Bankruptcy Court Southern District of Ohio Bankruptcy Federal Circuit Court of Appeals: 13 They have Appellate Jurisdiction *Appeals Decisions with 3 Different Choices: 1) Uphold original decision 2) Reverse the lower courts decision 3) Send a case back to the lower court to be tried again.

Legislative Court So-called because they are created by Congress in pursuance of its general legislative powers, have comprised a significant part of the federal judiciary. US Claims Courts: Handles claims against the US for $$$ Damages.

US Tax Courts: Trail court it hears cases relating to federal tax disputes.

Federal Judges Hired through Appointment (Senate Approval) Terms lasts “During Good Behavior” (Life) No particular qualifications!

III. The Supreme Court Basics Jurisdiction: Original & Appellate Original Jurisdiction: – the first hearing of a case - involving ambassadors, public ministers and consuls, and in cases in which a state is a party (What if they did practice Originalism? ) Write 2 examples of cases that could go directly to the Supreme Court.

Most cases heard in the Supreme Court fall under “Appellate” Jurisdiction. There are “9” Supreme Court Justices Justices are appointed by the President and approved by the Senate. They serve for Life on “Good Behavior” Justices can be removed through the impeachment process.

Prosecution and Defense Supreme Court Judges Judges decide cases, they do not prosecute or defend, that is the job of federal prosecutors and defense lawyers. Prosecution falls to the Department of Justice-> the attorney general, solicitor general, 94 US attorneys, 1200 assistant attorneys The Federal government provides defense lawyers to poor defendants in criminal trials. Half of the judicial districts use the public defender system.

How Does the Supreme Court Work? The Supreme Court is in session from first Monday in October through the end of June Every month – 2 weeks of oral arguments then 2 weeks of consideration and writing of opinions. At least 6 justices must participate in each decision. In case of a tie the lower court’s decision is sustained.

How Decisions are Made… The Supreme Court is confronted by at least 7500 requests for hearing To have your case heard you must first obtain a writ of certiorari. (A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it.) The justices review less than 100 cases a year The factors in determining if the court will hear a case are: If the case has broad public significance If the appeals courts have conflicting opinions If the case raises constitutional issues

If the justices want to take the case under the rule of four they issue a writ of certiorari. If they do not take a case that does not mean the justices agree with the decision of the lower court, nor does it establish precedent.

The Process… Briefs Oral Arguments…. Conference Before oral arguments justices get briefs – legal arguments - filed by both sides. In addition they get amicus curiae briefs. Oral Arguments…. Conference Wednesday afternoon and all day Friday. This is where they argue and then vote. These votes are not final

Opinions These are issued to instruct lower judges how to rule on similar cases in the future. They ask congress to act. They communicate with the public. There are different kinds of opinions Opinion of the court Dissenting opinion Concurring opinion These are drafted and circulated to the justices. Which Justices Vote Together?

Opinions Continued… The justices read them and decide how to vote. Once the votes are tallied, the court opinion and vote is announced. This is now the law of the land. But the Supreme Court does not act, they simply remand, and send the decision to the lower court to implement. Some Supreme Court rulings take a long time to implement.

How could a Supreme Court opinion be overturned? If it is overturned by the Supreme Court at a later date or if the Constitution is amended.

What is the actual job of the Supreme Court? To follow as closely as possible the intent of the Constitution? To understand what the words of the text mean in our times? If you were a justice, how would you decide your rulings? Does Religion Play a Role? Religion... Fill in the Blank Constitution