The United States Court System
Two Systems State Courts: this is where almost all cases are heard in the United States. Each state has its own court system that hears criminal and civil (being sued) cases (30 million cases a year) Federal Courts: More than one hundred across the US. Hear only special cases. (1 million cases a year)
Federal Courts The Federal Courts have a specific type of jurisdiction (the authority to hear a case). Federal cases are when a case involves: The interpretation of the Constitution Matters of the sea or involving the water (I.e., a contract to deliver a ship’s supplies at a dock) The United States is being sued or is suing someone
More Federal Cases An ambassador or representative of a foreign government is involved One state sues another state A citizen of one state sues the citizen of another state A U.S. citizen sues a foreign government
How do the Courts work? The petitioner is the person who starts the case. The respondent is the person or state that is accused of doing something wrong. The President appoints all Federal court judges. The Senate confirms each nominee through a series of interviews and a final vote. Most judges are appointed for life and can only be removed through impeachment
And now, how the courts are organized….. District Courts (94)Circuit Court of Appeals (12)Supreme Court
How does a case get to the Supreme Court? Most cases start in the lower courts. A case cannot start in the Supreme Court unless it involves a foreign ambassador or when a state is suing or being sued. When a party does not like the decision made in one of the lower courts, they appeal (ask for a new decision) to the Court of Appeals. If they don’t like the Court of Appeals decision, they can then appeal to the Supreme Court
How many cases are heard each year? Every year, about 1,000 cases are appealed to the United States Supreme Court. The nine Supreme Court Justices discuss the cases and decide whether or not they should be on the docket (cases to be heard). If four judges want it, it goes on the docket. About 80-100 cases are heard each year.
How do judges pick the cases they will hear? Granting “cert” (the decision to hear the case) is intended to weed out bad cases. Cases can be thrown out for being ridiculous claims, having bad evidence, if the issue is too new, or if there is not a conflict between the lower court’s rulings. Cases the court is likely to take: when the lower courts are in conflict, when the issue is a very important or unusual one, or if there are obvious legal errors.
How are cases decided? After the justices hear the arguments, they discuss the case. Most cases are not unanimous, meaning not all the judges agree. When five or more justices agree, they write the majority opinion, a summary of their views and the ultimate decision or verdict Justices who do not agree write a dissenting opinion. Justices may also write a concurrent opinion if they agree with the majority but want to emphasize a new point.