1. Institutions Unit IVD National Judiciary

2. American Legal System Criminal Law Cases Criminal Law Cases An individual violating a specific law based on regulating morality An individual violating a specific law based on regulating morality Misdemeanor Misdemeanor Less serious crime; less than 1 year incarceration; fines Less serious crime; less than 1 year incarceration; fines Felony Felony More serious crime; more than 1 year incarceration More serious crime; more than 1 year incarceration Varying degrees of crimes based on intent Varying degrees of crimes based on intent Civil Law Cases Civil Law Cases Involving a perceived violation of civil rights or legal relationships Involving a perceived violation of civil rights or legal relationships i.e. contracts i.e. contracts Lawsuits Lawsuits Class action involves a one or a few representing many affected 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

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

4. Court of Appeals

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

6. Dual Court System Federal Court System Federal Court System Federal-Question cases Federal-Question cases Arising under the Constitution, the law of the U.S., and treaties Arising under the Constitution, the law of the U.S., and treaties Diversity cases Diversity cases Involving different states or citizens of different states Involving different states or citizens of different states Dual Sovereignty Dual Sovereignty Either state or federal court can review case if both state and federal laws broken 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

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

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

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

10. 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

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

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

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

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

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