THE JUDICIAL SYSTEM Chapter 18

The Judicial System  Articles of Confederation did not set up a national judicial system  Major weakness of the Articles  Constitution DID set up judiciary  Article III

The Judicial System  Dual Court System  Federal courts – hear federal crimes Crimes made illegal by federal laws (kidnapping, tax evasion, mail fraud, counterfeiting, immigration offenses, drug-related offenses, assassinations) Supreme Court Inferior Courts – any federal court below the Supreme Court  State courts – hear all other court cases (crimes that violate state laws & lawsuits)

The Judicial System  Jurisdiction  The authority of a court to try and decide a case Determined by the case’s subject or by the parties involved  Federal courts have exclusive jurisdiction over special types of cases Federal crimes: State courts are NOT allowed to try these cases  Concurrent jurisdiction – when either federal or state courts could hear a case  Original jurisdiction – court in which a case is first heard  Appellate jurisdiction – court that hears a case on an appeal from a lower court Can uphold, overrule, or modify the ruling

The Judicial System  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. Lawsuits  Most cases are tried and resolved in state courts, not federal courts.

The Judicial System  Participants in Federal Court  Plaintiff the party bringing the charge  Defendant the party being charged  Judge Nominated by the President, confirmed by Senate  Jury the people (normally 12) who often decide the outcome of a case  Attorneys Public Defenders – lawyers assigned to defend the poor

Structure of the Federal Court System  District Courts (94)  Original Jurisdiction – courts that determine facts about the case. The trial court.  Federal Crimes  Civil suits across state lines  Courts of Appeals (12)  Appellate Jurisdiction reviews the issues in cases brought from lower courts  Hold no original trials, hear no testimony

Supreme Court  Supreme Court  9 Justices: 1 Chief Justice, 8 Associate Justices Serve “during good behavior” John Roberts – Current Chief Justice  Decides which cases it will hear  Few original, mostly appellate  About 100 cases a year

Supreme Court  Two ways a case can reach the Supreme Court  Writ of Certiorari  Order by the Supreme Court for a lower court to send the record of a given case for its review  “to be more certain”  Certificate  Lower court is not clear how it should rule, so it asks the Supreme Court to decide

Supreme Court  Cases involving civil liberties  Freedoms in Constitution  Making decisions  Oral arguments may be made for each side  Justices discuss the case & make a decision  Majority opinion – written to announce the Court’s decision and explain the reasoning  Dissenting opinion – written by one who does not agree with the majority  Concurring opinion – written by a member of the majority who wants to stress a point left out of the majority opinion  Decision is announced

Supreme Court  Precedent  How similar cases were decided in the past  Stare decisis  Basically to let the previous decision stand unchanged  Overturn the precedent  Rule differently than previous decisions