The United States Court System

Creation of a National Judiciary Judiciary created in Article III of the Constitution Two court systems in the US: National judiciary (federal courts) State courts The Constitution created the Supreme Court and left Congress to establish the inferior courts (the lower federal courts). Two types of inferior courts: constitutional courts special courts

Federal Court Jurisdiction Jurisdiction is defined as the authority of a court to hear (to try and decide) a case. Article III, Section 2 of the Constitution says that federal courts may hear a case because: (1) the subject matter (2) the parties involved in the case

Federal Court Jurisdiction Federal courts may hear cases: Involving federal laws Involving treaties Involving the U.S. Constitution Where the U.S. gov’t is a party in the case Supreme Court may hear cases on original jurisdiction if the parties involved include: US officials/agencies Foreign officials State v. State; or citizens from different states

Types of Jurisdiction Exclusive and Concurrent Jurisdiction Some cases can only be heard in federal courts. In that case, federal courts have exclusive jurisdiction. In many cases, it may be tried in federal court or a state court. In such an instance, the federal and state courts have concurrent jurisdiction.

Types of Jurisdiction Original and Appellate Jurisdiction A court in which a case is first heard is said to have original jurisdiction over that case. A court that hears a case on appeal from a lower court has appellate jurisdiction over that case. The Supreme Court exercises both original and appellate jurisdiction.

Appointment of Judges The President nominates Supreme Court justices and federal court judges → subject to the approval of the Senate. Most federal judges are chosen from the ranks of leading attorneys, legal scholars, law school professors, former members of Congress, and State court judges.

Terms and Pay of Judges Judges appointed to the constitutional courts, including the Supreme Court, are appointed for life. Judges of constitutional courts can only be removed by their own will, death, or through impeachment. Judges who sit on the special courts are appointed with terms varying from 4 to 15 years. Congress determines the salaries of federal judges. Current salary of Supreme Court justices = $244,400

The Court of Appeals Created in 1891 to handle much of the burden that the Supreme Court faced in ruling on appealed cases. Appellate Court Judges 179 circuit judges sit on 13 appeals courts A Supreme Court justice is also assigned to each circuit Appellate Court Jurisdiction Only have appellate jurisdiction → hear cases on appeal from lower federal courts

The District Courts Federal Judicial Districts 94 federal judicial districts across each state, Washington DC, and Puerto Rico Larger states divided into two or more federal judicial districts District Court Jurisdiction Have original jurisdiction over most cases Hear a wide range of criminal and civil cases

U.S. Supreme Court Jurisdiction Has both original and appellate jurisdiction Original jurisdiction over cases that involve Two or more States All cases brought against ambassadors or other public ministers Most cases heard by the Court are appeals cases; only hears a few cases with original jurisdiction every year

How Cases Reach the Supreme Court For a case to be heard, 4 of 9 justices must agree that it should be placed on the Court’s docket (schedule). Writ of Certiorari Most cases reach the Court via writ of certiorari, an order to a lower court to send a record in a given case for its review Certificate Cases can reach by certificate, when a lower court asks for the Supreme Court to certify the answer to a specific question in the case

How the Supreme Court Operates Oral Arguments Once the Court accepts a case, it sets a date on which lawyers for both sides will present oral arguments Briefs Briefs are written documents filed with the Court before oral arguments begin. The Court in Conference The Chief Justice presides over a closed-door conference in which justices present their views on the case at hand.

Opinions of the Court Once the Court finishes its conference, it reaches a decision and its opinion is written. Majority Opinion - formally called the Opinion of the Court; announces the Court’s decision in a case and the reasoning on which it is based Precedents - majority opinions are examples to be followed in similar cases as they arise in lower courts or reach the Supreme Court Concurring Opinions - sometimes authorized by justices to add or emphasize a point that was not made in the majority opinion Dissenting Opinions - often written by those justices who do not agree with the Court’s majority opinion

Judicial Philosophies Judicial restraint - judges should always try to decide cases on the basis of (1) the original intent of those who wrote the Constitution, and (2) being in line with the precedent set down by previous cases. Judicial activism - judges should act more boldly and the law should be interpreted and applied in the light of ongoing changes of the nation’s conditions and values.

Judicial Review Refers to the power of a court to determine the constitutionality of a government action. The Supreme Court first asserted its power of judicial review in the case of Marbury v. Madison (1803)

Ruth Bader Ginsburg Sonia Sotomayor Elena Kagen Stephen Breyer Anthony Kennedy John Roberts Samuel Alito Clarence Thomas

Neil Gorsuch

State Courts

Criminal and Civil Law Criminal Law Defines public wrongs and provides for their punishment Two level: felonies and misdemeanors Civil Law Relates to disputes between private parties Cases referred to as “lawsuits” Lead to an award of money or a fine

The Jury System The Grand Jury Determines whether the evidence against a person is sufficient to justify a trial Consists of 6 to 23 persons depending on the State A majority is needed to indict Meet in secret The Petit Jury Hears the evidence in a case and decides the disputed facts Usual number is 12 jurors Verdict usually must be unanimous

California Superior Courts 58 Superior Courts in CA (one for each county) Jurisdiction over criminal and civil cases Departments Family Court Juvenile Court Probate Court Small Claims Court Traffic Court

California Intermediate Appellate Courts Stand between trial courts and the California Supreme Court 6 appellate courts in CA

California Supreme Court 7 justices appointed by the Governor