The Judiciary: The American Courts in Action
Hamilton on the Necessity of a National Judiciary Articles of Confederation lacked a national judiciary which weakened the power of the central government A Supreme Court was necessary to interpret (and reconcile) the laws of the state and local governments The national judiciary would promote the rights and liberties of individual citizens
Origins of the Judiciary Roman Republic codified laws and legal cases 1066 Normans conquered England and established a King’s Court/ Common Law System Magna Carta was established in medieval England to protect the rights of the elite nobles from the power of the king
What types of Cases do Courts hear? Most cases are resolved in the state courts: Eg. Burglary (Criminal) Eg. Divorce (Civil) Two types of cases: Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law: The court resolves a dispute between two parties and defines the relationship between them.
STARE DECISIS “To stand on decided cases” Obligates judges to follow the precedents set previously by their own court or by higher courts Judges rely on precedent in deciding cases Remember the Marijuana case during our unit on Federalism? The case Wickard v. Filburn set a precedent for the Supreme Court decision on Gonzales v. Raich
Federal District Courts (bottom level) Original Jurisdiction: 94 courts that hear the case first and determine the facts Deals with the following types of cases: Federal crimes Civil suits under federal law and across state lines Supervise bankruptcy and naturalization Review some federal agencies Admiralty and maritime law cases Supervision of naturalization of immigrants
Federal Courts of Appeal (Middle Level) Appellate Jurisdiction: reviews the legal issues in cases brought from lower courts Hold no trials and hear no testimony 12 circuit courts (sorted by geography) 13th Circuit Court of Appeals is for the Federal Circuit – specialized cases Appellate Courts Focus on errors of procedure and law
SCOTUS (Top Level) State Court Path Federal Court Path
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Need for the SCOTUS! Functions: Structure: Ensures uniformity in interpreting national laws, resolves conflicts among states and maintains national supremacy in law Structure: 9 justices: 1 Chief Justice, 8 Associate Justices Each justice has 1 vote Chief Justice makes a bit more money
What Types of Cases SCOTUS Hears Only 1-3% of cases
How does SCOTUS hear cases? SCOTUS picks its cases. Writ of certiorari: An order by a higher court directing a lower court to send up a case for review. Rule of 4: 4 Justices must agree to hear a case. If SCOTUS refuses to hear a case, the decision of the last court to hear the case is final.
Accepted Cases Donald B. Verrilli The Solicitor General: a presidential appointee in the Department of Justice Four key functions: Decide whether to appeal cases the government lost Review and modify arguments presented in cases Represent the government before the Supreme Court Submit a brief on behalf of a litigant in a case in which the government is not directly involved Donald B. Verrilli
Making Decisions Oral arguments heard by the justices Justices discuss the case One justice will write the majority opinion (statement of legal reasoning behind a judicial decision) on the case
SCOTUS in Action In session from Oct. – June It hears oral arguments in two- week cycles (2 weeks of courtroom arguments and 2 weeks of reflecting on cases and writing opinions about them Making decisions: Weekly conference meetings are held to discuss cases actually accepted and argued before the Court