© 2004 Constitutional Rights Foundation, Los Angeles Courtroom to Classroom: A Quick Review of the Judicial System © 2004 Constitutional Rights Foundation, Los Angeles All rights reserved.

In writing the U.S. Constitution, the founders created an independent judicial branch. One way they insured judicial independence was by giving federal judges life terms in office. Alexander Hamilton noted in Federalist No. 78 that “nothing can contribute so much to [judicial] firmness and independence as permanency in office . . . .” He called life terms an “indispensable ingredient” to the judiciary and said they helped protect “public justice and the public security.” Ask students: Why do you think it is important for judges to be independent when making their rulings? Do you think it would be proper for a judge to swayed by politics or popular opinion when hearing a case? Why or why not?

The federal court system includes: In the federal court system, the president appoints the judges. The Senate must vote to confirm the appointments. Once appointed, the judges serve life terms. The federal court system includes: U.S. Supreme Court Nine justices sit on this court. It is the highest court in the land. The decisions of this court are final. U.S. Court of Appeals There are 13 Circuit Courts of Appeals. The Ninth Circuit hears appeals from District Courts in California. After the court decides, the case may be appealed to . . . Appeal Note that appeals to the Supreme Court are discretionary. The court chooses which cases it will hear. It can and does refuse to hear many cases. District Court These are the trial courts. There are 94 District Courts—at least one in each state. After a trial, a case may be appealed to . . . Appeal

Most cases, however, are handled The federal courts handle all federal cases, such as . . . Admiralty cases Federal tax cases Bankruptcy cases Copyright or patent cases Cases where one state sues another state As well as federal criminal cases, such as... Federal drug cases Postal fraud Crimes on aircraft Crimes on the high seas Racketeering Crimes on federal property Most cases, however, are handled in state courts.

California Supreme Court Each state has its own court system. Like the federal system, California’s court system has three tiers: California Supreme Court This is the highest California court. Seven justices sit on the court. It chooses which cases to hear. After the court decides, the case can only be appealed to the U.S. Supreme Court if there is a federal issue. Court of Appeal These courts hear appeals from Superior Courts. Panels of three justices decide the cases. After the decision, the case may be appealed to . . . Superior Courts These are trial courts. Each California county has a Superior Court. When a trial ends, the case may be appealed to . . .

Civil Law Cases Criminal Cases Like other state courts, California courts handle cases such as . . . Family law—divorce, child custody, child support Civil Law Cases Torts—lawsuits about harm caused intentionally or by negligence Contract disputes Landlord-tenant cases Probate cases California courts also handle criminal cases. Defendants may be charged with violating the California Penal Code for crimes such as: Probate cases are those involving wills, trusts, and inheritance. Criminal Cases Murder Rape Car Theft Burglary Robbery Assault Theft Drug Offenses

An appeals court differs from a trial court. It does not hold a trial. No evidence is introduced. A panel of justices hears the appeal. Lawyers on each side present arguments orally and in written briefs. They use prior court cases and existing laws to argue their cases. After the oral arguments, the justices leave the courtroom to analyze and discuss the case. After deliberating, they come to a decision.

After the trial, the defendant may appeal the case. The appeal must claim that there was an error of law. For example, the claim could be that . . . The judge made a mistake instructing the jury. The judge allowed evidence that should not have been let in. A law is unconstitutional.

Most cases begin in Superior Courts—the trial courts. In a trial court . . . One judge presides. Lawyers present evidence. A jury hears the evidence and gives a verdict.

One justice writes the opinion of the court. It tells the facts of the case, the decision, and the reasons for the decision. If a justice disagrees with the decision, he or she may write a dissenting opinion. The written opinions of the court become law for the lower courts to follow.

Your class will soon participate in an activity lead by a judge or attorney. After providing you with some background, they will set up a moot court activity with you. Some of you will take the roles of U.S. Supreme Court Justices and others as attorneys to conduct a hearing. Meanwhile…something to think about: What’s the difference between a Mock Trial and a Moot Court? Answer: A Mock Trial simulates the proceedings in a lower court. The outcome is usually a verdict reached by a judge or jury. A Moot Court simulates the proceeding in an appellate court. The outcome is a decision made by justices.

Courtroom to Classroom Constitutional Rights Foundation is a program of Constitutional Rights Foundation Developed by Marshall Croddy Written by Bill Hayes & Keri Doggett Graphics Keri Doggett