Government - Libertyville HS The Federal Judicial System

Vocabulary Civil Case (P v. D) Dispute between two or more people (parties) Fighting over money (torts) Criminal Case (State v. D) Dispute between society (government) and a person Fighting over liberty! (jail) Types of trial Jury trial Bench trial Choice = P (civil) or D (criminal)

Vocabulary Jurisdiction Jurisdiction What is the appropriate court to hear a case What is the appropriate court to hear a case Original jurisdiction = first level (“Trial Court”) Original jurisdiction = first level (“Trial Court”) Appellate jurisdiction = second or higher level (“Appellate Court”) Appellate jurisdiction = second or higher level (“Appellate Court”) Federal Court Jurisdiction Federal Court Jurisdiction District court = original District court = original Circuit court = appellate Circuit court = appellate Supreme Court = BOTH! Supreme Court = BOTH!

Summary of Judicial System

US District Court 94 district courts 94 district courts At least one in each state At least one in each state DC (1), Puerto Rico (1) DC (1), Puerto Rico (1) 3 US territories (V.I., Guam, N. Mariana Isl.) 3 US territories (V.I., Guam, N. Mariana Isl.) Hear any kind of case Hear any kind of case Exceptions: bankruptcy, international trade, claims against Fed. Gov., IRS cases Exceptions: bankruptcy, international trade, claims against Fed. Gov., IRS cases These are heard by special courts These are heard by special courts

US Circuit Court of Appeals All states divided into 11 Circuits, + the DC Circuit 179 justices authorized Hear appeals from lower courts (mandatory) in their circuit Hear appeals in 3 judge panels Court of Appeals for the Federal Circuit is the 13 th Circuit Court of Appeals Nationwide jurisdiction to hear specialized cases

US Supreme Court Only court provided in the Constitution Only court provided in the Constitution Composition Composition 1 Chief Justice 1 Chief Justice 8 Associate Justices 8 Associate Justices Final authority in determining issues of law in USA Final authority in determining issues of law in USA Judicial Review Judicial Review Ability to determine constitutionality of federal statute Ability to determine constitutionality of federal statute

US Supreme Court Process Process Appellate jurisdiction for all criminal, civil cases Appellate jurisdiction for all criminal, civil cases Original jurisdiction for cases involving foreign diplomats or states Original jurisdiction for cases involving foreign diplomats or states Getting a Case to USSC Getting a Case to USSC Appeal – review decision of lower court Appeal – review decision of lower court Writ of Certiorari – accept case to resolve “substantial federal question (“Rule of 4”) Writ of Certiorari – accept case to resolve “substantial federal question (“Rule of 4”) Certificate – Lower court asks USSC to clarify a procedural / legal issue Certificate – Lower court asks USSC to clarify a procedural / legal issue

US Supreme Court Hearings Cases heard between October and June Attorneys file written briefs before hearing Amicus curiae brief “Friend of the Court” Affected groups file written brief to support their position Justices listen to oral argumentsoral arguments Attorneys answer questions from all 9 justices at once

US Supreme Court After oral argument, justices meet “in conference” every Friday Discuss, argue cases amongst themselves CJ assigns who will write opinion Vote on decision Majority opinion (precedent) Dissenting opinion (justices who don’t agree w/ majority) Concurring opinion (agree w/ outcome, not reasoning)

US Supreme Court Workload Workload 8241 filings in filings in cases argued 75 cases argued 67 signed opinions 67 signed opinions Ideological Division of USSC Ideological Division of USSC Liberal justices = “Living Constitution” (reinterpret Const. to fit current times) Liberal justices = “Living Constitution” (reinterpret Const. to fit current times) Conservative justices = Constitution’s original meaning, intent to be preserved Conservative justices = Constitution’s original meaning, intent to be preserved Split on Court today (4/4/1) Split on Court today (4/4/1)today