 The judicial system functions on 2 levels: › Federal › State Overwhelming majority of cases are heard at the state and local court level. Criminal cases: fraud, bribery, violent crimes Civil cases: involve disputes over property, $, contracts & personal injury

State and federal courts are organized in a hierarchal way. Supreme Court court of appeals trial courts Review cases if there are matters of legal procedure or law is an issue Jury or judges decides case; all cases start here

Federal Courts have jurisdiction over cases that involve: - a federal crime - the federal government - Constitutional rights - if one party is in a dispute with a state MOST CASES GO TO STATE COURTS

Crimes under state legislation. State constitutional issues and cases involving state laws or regulations. Family law issues. Real property issues Most personal injury lawsuits. Most workers' injury claims. Probate and inheritance matters. Most traffic violations and registration of motor vehicles. Crimes under statuses enacted by Congress. Most cases involving federal laws or regulations (for example: tax, Social Security, broadcasting, civil rights). Matters involving interstate and international commerce, including airline and railroad regulation. Bankruptcy matters. Disputes between states Admiralty cases. International trade law matters. Patent, copyright, and other intellectual property issues. Crimes punishable under both federal and state law. Certain civil rights claims. "Class action" cases. Environmental regulations. Certain disputes involving federal law CASES IN FEDERAL OR STATE COURT? STATE FEDERALBOTH

QUALIFICATIONS?  The barest outline of organization & responsibilities  Mentions Supreme Court but no qualifications, requirements, or number of justices  Left it to Congress to establish federal courts below the Supreme Court SUPREME COURT  Supreme Court has original jurisdiction in cases involving: › Involving a state and the U.S. government › 2 or more states › Ambassadors, diplomats › Appellate jurisdiction over cases from lower courts

District courts Appeals courts U.S. Supreme Court STRUCTURE OF THE FEDERAL COURT SYSTEM 94 district courts Each state has at least 1 Courts of original jurisdiction Vast majority deal with civil matters Have jury trials – only federal courts that do

Appeals Courts Immediate court of appeals from district courts Total of 13 1 for each of the 11 circuits ( 1 for District of Columbia only 1 for specialized issues like patents & copyrights Decisions are made by 3 judge panel of circuit court judges; decisions are binding in that circuit ONLY Focus on legal arguments & procedures only – facts of case assumed true

 No witnesses  No evidence  No jury  Rather…lawyers present written arguments called briefs (summarize their views of legal issues of case)  Decisions are made by a panel of 3 justices from that circuit  Judges in circuit courts are rotated from case to case  prevent bias

 Safford Unified School District #1 v. Redding, › T1e_w T1e_w

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U.S. Supreme Court Supreme Court of the United States (from left to right) Clarence Thomas, Sonia Sotomayor, Antonin Scalia, Stephen Breyer, John G. Roberts, Samuel A. Alito, Anthony Kennedy, Elena Kagan, Ruth Bader Ginsburg. Justices & Appointment 9 justices (8 associate judges & 1 chief justice) Appointed for life by the president; confirmed by the Senate Why for life? Senatorial courtesy: tradition – Senate will not approve a nominee for a federal district position if a senior senator from nominee’s state & member of president’s party objects to appointment.

 The work of the Supreme Court can be split into 2 phases: Determining which of the cases the court will hear Selection The ruling of the court & the written opinions Decision

Parties submit briefs to the court Briefs: written documents that summarize the main points of the legal arguments. 3 rd parties (advocacy groups) can submit briefs too – amicus curiae At conference…if four judges vote to hear a case (rule of four) Then…a writ of certiorari is issued (writ of certiorari: formal document stating to lower court that SC will hear the case) Judges & clerks review cases to be considered Significant ones place on “discuss list”Remainder…placed on “dead list”

Justices meet in conference - opinions The opinion (written version of decision) Dissenting opinion – may be written by justices in minority to reflect positions Oral arguments scheduled Attorneys for each side have 30 minutes to present case Judges often interrupt with questions

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