Unit IVD National Judiciary Institutions Unit IVD National Judiciary

American Legal System Criminal Law Cases Civil Law Cases An individual violating a specific law based on regulating morality Misdemeanor Less serious crime; less than 1 year incarceration; fines Felony More serious crime; more than 1 year incarceration Varying degrees of crimes based on intent Civil Law Cases Involving a perceived violation of civil rights or legal relationships i.e. contracts Lawsuits Class action involves a one or a few representing many affected Basic Structure of a Court Litigants Plaintiff – brings up charges, sues Burden of proof Defendant/respondent – answering charges Lawyers Prosecution – government lawyers accusing of criminal charges Public defenders – government-paid lawyers for criminally-charged individuals Jury Trial by jury; one may request a bench trial or trial by jury Judge Presides over the case; rules on objections; final ruling; passes sentence Public Audience members, interest groups, relations to litigants

Constitutional Structure Article III establishes the judicial branch United States Supreme Court Congress establishes lower federal courts Judiciary Act of 1789 Also set number of SC justices, position of Chief justice Constitutional Courts District Courts (original jurisdiction) – 1789 Each state has at least one district court 94 district courts Courts of Appeals (appellate jurisdiction) – 1891 13 Courts of Appeals separated by geographic circuits Legislative Courts Agency reviews (taxes, trade, bankruptcy) Not subject to Article III parameters

Court of Appeals

Jurisdiction Original Jurisdiction Appellate Jurisdiction Court is the first to hear the case Appellate Jurisdiction Reviewed by a higher/alternate court Supreme Court’s Jurisdiction Original jurisdiction involving cases with ambassadors, foreign ministers, consuls, state is a party Appellate jurisdiction in all other cases From federal district or appeals courts, or state supreme courts involving federal law or Constitution Concurrent Jurisdiction Cases may be tried in state or federal courts

Dual Court System Federal Court System State Court Systems Federal-Question cases Arising under the Constitution, the law of the U.S., and treaties Diversity cases Involving different states or citizens of different states Dual Sovereignty Either state or federal court can review case if both state and federal laws broken State Court Systems Circuit court system with original and appellate jurisdiction courts State supreme court decisions final law in respective state May be appealed to U.S. Court of Appeals and Supreme Court if a constitutional question

Federal Judges Serve “during good behavior” – Article III Appointment Life terms Appointment Not elected hence not directly subject to political pressures President appoints with advice and consent from the Senate Senatorial courtesy

Nominating a Supreme Court Justice Presidential appointments politicized Party Affiliation Political Ideology Litmus Test Asking questions about stance on major issues, i.e. abortion Race, Gender, Religion, Region Judicial and Legal Experience and Record Political Acceptability Legal organizations American Bar Association Interest groups U.S. Senate Simple majority required Other justices

Checking and Balancing Judges Adversarial System Issue between two parties settled by an impartial judge or jury Justiciable Dispute Based on an actual situation and not a hypothetical test Political Questions Disputes between Congress and the President or a matter left to a branch of government Appointments President appoints with Senate approval Impeachment House of Representatives may impeach a federal judge and the Senate tries Structure of the Courts Congress may alter the number of district or appellate courts, number of SC justices Amendments Overrule a federal court decision by amending the Constitution or bounding the courts to the supreme law of the land

The U.S. Supreme Court Currently made of 9 justices, including a Chief Justice and 8 associate justices Congress determines the number of justices $217,400 salary for Chief Justice $208,100 salary for Associate Justices

The Supreme Court Accepting Cases Original Jurisdiction Cases involving ambassadors, foreign ministers, consuls, or state a party Very few cases are reviewed by the SC Only a 100 out of 10,000 cases a year Lower court decision stands if SC refuses to hear case Justices may recuse themselves if conflict of interest Rule of Four Four of the nine justices must agree to hear/review a case Writ of Certiorari SC directs lower court to provide all records regarding a case when petitioned for review

The Supreme Court Reviewing and Hearing a Case Case Briefs Written arguments provided to SC prior to oral arguments Cites legal arguments, legal precedents, previous court decisions Amicus curiae brief (friend of the court) Used by interest groups with a vested interest in case providing an additional legal perspective Oral Arguments 30 minutes for each party counsel Justices may ask questions during oral arguments Solicitor General Argues on behalf of the United States

The Supreme Court Deciding a Case Conferences Justices discuss the case on Wednesday afternoons and Fridays Writing Opinions Most opinions written by justice’s law clerks Majority opinion The official opinion of the court, the supreme ruling Outlined by legal reasons Dissenting opinion Justices who disagree with the majority opinion write a dissent outlined by legal reasons Concurring opinion If a justice concurs with the majority but disagrees with the legal reasons

The Supreme Court Policymaking and Philosophy Judicial Restraint - Originalism Limit the initiative on social and political questions Passive on policymaking Strict interpretation of the Constitution “The Constitution is not an empty bottle…it is like a statue, and the meaning doesn’t change.” – Antonin Scalia Judicial Activism – Living Constitution Active role in society and politics Judicial intervention Loose interpretation of the Constitution “We are under a Constitution, but the Constitution is what the judges say it is.” – Charles Evans Hughes

Supreme Court History Marshall Court (early 19th century) Marbury v. Madison (1803) – judicial review; constitutionality of laws and policies Pro-Federalist decisions – expansion of national government power and influence Taney Court (mid 19th century) Scott v. Sanford (Dred Scott decision) (1857) Pro-Democratic decisions – states’ rights and limited government Late 19th Century-Early 20th Century Wake of 14th Amendment – incorporation Plessy v. Ferguson (1896) Pro-business, pro-laissez-faire decisions during Gilded Age-Progressive Era New Deal (1930s) FDR’s court-packing to save New Deal policies from conservative rulings Warren Court (1950s-1960s) Active in civil rights and civil liberties decisions; “most liberal court ever” Brown v. Board of Education, Miranda v. Arizona Burger Court (late 1960s- early 1980s) More conservative regarding rights of defendants Roe v. Wade, Regents of UC v. Bakke Rehnquist and Roberts Courts (late 1980s-2010s) Continues the conservative ideology McDonald v. Chicago, Citizens United v. FEC