1. Chapter 16: The Federal Courts

2. The sources of American law include:Constitutions of the U.S. & StatesFederal & State statutes & regulationsCase law (most of this is based on “common law”, which is judge-made law shaped by custom & applied to similar situations

3. Two types of cases: 1.Criminal Law: The government charges an individual with violating one or more specific laws and must need punishment 2.Civil Law: The court resolves a dispute between two parties and defines the relationship between them. **Only about 2-3% of all cases actually go to trial; most are settled out of court **Most cases are tried and resolved in state courts, NOT federal courts.

4. 3 Participants in the Judicial System 1.Litigants a.Plaintiff- the party bringing the charge b.Defendant- the party being charged ** Jury – the people (normally 12) who often decide the outcome of a case ** Standing to sue: plaintiffs have a serious interest in the case. 2.Groups – interest groups become involved with court cases to influence decisions about the law**Use the courts to try to change policies: + Can submit Amicus Curiae briefs “friends of the Court” to influence a judge’s decision + Lobby the Judiciary Committee about a judicial nominee + Having their lawyers represent a plaintiff + Filing a class action lawsuit (permit a small number of people to sue on behalf of all other people in similar circumstances)

5. 3.Attorneys – lawyers present a case in courtEvery citizen is guaranteed a lawyer in a criminal caseLegal Services Corporation or Public Interest lawyers- can assist the poor in civil (and some criminal cases)State & local government hire public defenders to represent poor defendants in criminal casesNot all lawyers are equal (more money can mean better lawyers with more time & resources)

6. The Structure of the Federal Court System **Constitution is vague about the structure of the federal court system (specified there will be a Supreme Court, but left it to Congress to establish lower federal courts of general jurisdiction) **Judiciary Act of 1789 created the constitutional courts Courts have 1 of 2 types of jurisdiction (power over) 1.Original jurisdiction – power to hear a case for the first time, these courts determine the facts about the case. More than 90% of court cases begin and end in the court of original jurisdiction. Most cases do not continue after the first ruling. 2.Appellate jurisdiction – The court looks at the lower court’s procedures and interpretation of the law in the original case. The litigants do not appear before the court, and there is no jury. **Appeals from a state high court (state Supreme Court) can be taken only to the U.S. Supreme Court

8. Federal Court System: 1.District Courts – 91 courts (at least 1 in each state) and they have jurisdiction over:Federal crimesCivil suits under federal law / across state lines (where the amount in question exceeds 75,000)Supervising bankruptcy / naturalizationReviews some federal agenciesAdmiralty and maritime law cases. ** 98% of all criminal cases in the U.S. are heard in the state & local court systems (not in Federal) ** only a small % of persons convicted of federal crimes in federal district courts actually go to trial ** most of the time, the loser of the case attempts to appeal, but the decision stays

9. 2.Courts of Appeal – Appellate Jurisdiction: reviews the legal issues in cases brought from lower courts.Hold no trials and hear no testimony.12 circuit courts (including one for DC)Focus on errors of procedure & law and not on the facts of the caseUsually 3 judges hear a case

10. 3.The Supreme Court9 justices- 1 Chief Justice, 8 Associate Justices (the Constitution didn’t specify a number)Supreme Court decides which cases it will hearSome original jurisdiction - cases between 2 states, - Federal government & a state(s) - state & a foreign government), ** but mostly appellate jurisdiction (specifically certiorari appeals.)Most cases come from the federal courtsMost cases are civil casesTo have the SC hear a state criminal case, the convicted defendant might demonstrate that the trial was not fair as required by the Bill of Rights (Gideon v. Wainwright – 1963)

11. Front row: Associate Justices Clarence Thomas (Bush 41), Antonin G. Scalia (Reagan), Chief Justice John G. Roberts (Bush 43), Anthony M. Kennedy (Reagan-swing vote), and Ruth Bader Ginsburg (Clinton) Back row: Associate Justices Sonia Sotomayor (Obama), Stephen G. Breyer (Clinton), Samuel A. Alito (Bush 43), and Elena Kagan (Obama)

13. The Politics of Judicial Selection – appointing Federal judges is the president’s job 1.The Lower Courts (district & appeals courts) Senatorial Courtesy: Unwritten tradition where a judge is not confirmed if a senator of the president’s party from the state where the nominee will serve opposes the nomination. Has the effect of the president approving the Senate’s choice President is more influence on appellate level 2.The Supreme Court President relies on Attorney General and DoJ to screen candidates. 1 out of 5 nominees will not make it. **Congress (specifically Senate) can influence the ideology of the Supreme Court Chief Justice’s position can be a sitting justice, or a new member.

14. The Backgrounds of Judges and Justices Characteristics: Generally white males Lawyers with judicial experience (Constitution doesn’t require this) Other Factors: Generally of the same party as the appointing president Yet the judges and justices may disappoint the appointing president The Courts as Policymakers Accepting Cases:Issues a writ of certiorari to call up the case to appeal the decision.Use the “rule of four” to choose cases (if 4 justices agree to review, they will)Very few cases are actually accepted each year (avg. of less than 100 per year, but about 8,000 to 9,000 are petitioned)

16. Another influence on the SC is the Solicitor General (3 rd ranking in DoJ and a presidential appointee) Solicitor General’s 4 Key Functions 1. Decide whether to appeal cases the government has lost in the lower courts. 2.Reviews and modifies the briefs resented in government appeals 3.Represent the Federal government before the Supreme Court 4. Submit a brief on behalf of a litigant in a case in which the government is not directly involved.

17. Making DecisionsOral arguments may be made in a case. (30 min. each side)Justices discuss the case.A justice will write a (majority) opinion on the case (if Chief Justice in majority, usually by him) & a dissenting opinion will be written**The final step in the SC decision making process is delivering an Opinion: Statement of legal reasoning behind a judicial decision.**Stare decisis: basically to let the previous decision stand unchanged. Is the typical decision by SCDecisions are based heavily on precedents: How similar past cases were decided. +Supreme Court has overruled its own precedents 200 times. Original Intent: The idea that the Constitution should be viewed according to the original intent of the framers. (also known as strict constructionalists)

18. Cases on the docket Briefs submitted by both sides; amicus curiae The Supreme Court’s Decision-Making Process Oral Arguments Conference cases discussed; votes taken; opinion writing assigned Opinions drafted; circulated for comment Decision Announced

19. Implementing Court DecisionsMust rely on others to carry out decisions Implementation of court decisions involves several elements: 1. Interpreting population: understand the decision & change 2.Implementing population: the people who need to carry out the decision- may be disagreement (accomplished by policymakers, president, lower courts, lawyers, & administrators) 3.Consumer population: the people who are affected (or could be) by the decision The Courts and Democracy Courts are not very democratic +Not elected +Difficult to removeBut the court does reflect popular majoritiesGroups are likely to use the courts when other methods fail- promoting pluralismThere are still conflicting rulings leading to deadlock and inconsistency because many turn to the courts

20. Justices that have had a significant impact on the shaping on policy 1. John Marshall: Initiated the practice of judicial review in the case of Marbury v. Madison & expanded the power of the Supreme Court significantly 2.Warren Court: The SC became actively involved in expanding civil rights & civil liberties 3.Burger court: Appointed by Nixon, Burger made the court more conservative, except Roe v. Wade 4.Rehnquist Court: Became even more conservative with Regan’s appointments & begin to limit (though not reverse) previous rulings **also was known for its longevity of membersSome people think the SC is too powerful & favor judicial restraintOthers favor judicial activism to allow justices the freedom to forge new policiesPower of the courts is checked by the president’s appointments and by Congress’s ability to amend the Constitution despite –or in order to overrule – a Supreme Court decision