1. Chapter 7: The Judicial Branch

2. “The Federal Court System”

3. Equal Justice for All A “civil dispute” is between two private parties (people, companies, or organizations), between private parties and the government, or the U.S. and state / local governments. To speed up the civil process, a summary judgment may be issued. This is a decision made on the basis of statements and evidence presented for the record without a trial.

4. Equal Justice for All In a “criminal” trial, witnesses present evidence and a jury or judge delivers a verdict.

5. “Equal Justice Under the Law” “Equal Justice Under the Law” means that we must treat every person the same. This comes from the principle of rule of law which prevents an abuse of government power and provides for accountability to the law. (No one is above the law) This is the basis for our legal system.

6. “Equal Justice Under the Law” All people are guaranteed: – a public trial in a Trial Court – A lawyer even if they cannot afford one – “Innocent until proven guilty” – Right of appeal of their case if the courts have made a mistake.

7. “The Federal Court System”

8. The Federal Court system is discussed in Article III of the U.S. Constitution. This article gives Congress the power to establish lower courts

9. “The Federal Court System” In 1891, the Congress created the federal system of appeals courts. It has three (3) levels: – U.S. Supreme Court – Appeals Courts – District Court

10. “The State Court System” There are 50 separate state court systems at the state level. State courts get their powers from state constitutions and laws.

11. “Federal Court Cases”

12. “Jurisdiction” is the court’s authority to hear a case. Article III of the U.S. Constitution gives the federal courts “jurisdiction” over eight (8) kinds of cases.

13. “Federal Court Cases” Cases involving the U.S. Constitution – Any case where a person believes that a constitutional right has been violated

14. “Federal Court Cases” Violations of Federal Laws – Any case where the government accuses a person of a federal crime (ie. kidnapping, tax evasion, counterfeiting, etc.)

15. “Federal Court Cases” Controversies Between States – Any case where state governments have disagreements are settled in federal court

16. “Federal Court Cases” Disputes between Parties of Different States – Any case where citizens of different states have disagreements are settled in federal court

17. “Federal Court Cases” Suits Involving the Federal Government – Any case where the Federal Government sues any party (individuals or companies) or is sued by any party

18. “Federal Court Cases” Cases involving Foreign Governments and Treaties – Any case where there is a dispute between the Federal Government (or American private party) and a foreign government.

19. “Federal Court Cases” Cases Based on Admiralty and Maritime Laws – Any case that concerns accidents or crimes on the high seas (“exclusive jurisdiction”)

20. “Federal Court Cases” Cases Involving U.S. Diplomats – Any case that concerns an American diplomat working in a U.S. Embassy overseas is heard in Federal court.

21. Relation to State Courts “Exclusive Jurisdiction” means only the federal courts may hear such cases. Most U.S. court cases involve state law and are tried in state courts.

22. Relation to State Courts “Concurrent Jurisdiction” means that they share authority between state and federal courts. Cases where citizens of different states are involved in a dispute over $50,000 may be tried in either court.

23. “How Federal Courts Are Organized”

24. Federal Court “Pyramid”

25. U.S. District Courts “District Courts” are where trials are held and lawsuits begin. Each state has at least one district court and sometimes more. District courts have “original jurisdiction” (means cases must begin here)

26. U.S. District Courts “District Courts” are responsible for determining the facts of a case. They are trial courts for both criminal and civil federal cases. District courts are the only courts where witnesses testify, juries hear cases, and verdicts are reached.

27. U.S. Courts of Appeals Also known as “appeals court, circuit courts of appeals, appellate courts” A large percentage of people who lose their cases in a district court appeal to the next highest level.

28. U.S. Courts of Appeals The job of the appeals court is to review the decisions made in a lower district court. Appeals court have “appellate jurisdiction” (authority to hear a case appealed from a lower court) Appeals courts can also review the rulings and decisions from lower courts if the people or groups involved believe the agency acted unfairly

29. U.S. Courts of Appeals In order to appeal a case: – The judge applied the law incorrectly – The judge used the wrong procedure. – New evidence turns up – Rights were violated

30. U.S. Courts of Appeals There are twelve (12) U.S. Courts of Appeals Florida is in the 11 th Appeals Circuit A “circuit” is a geographic region. The 13 th Appeals Court has nationwide jurisdiction.

31. Federal Judicial Circuits & Districts

32. Making a Decision Appeals courts do NOT hold trials. Appeals courts may: – Uphold original decisions – Reverse that decision – “Remand” or return the case to the lower court.

33. Making a Decision A panel of three (3) judges review the record of the case. Ruling is based on majority vote (final unless appealed to the U.S. Supreme Court) Innocence or guilt is not decided, but only if the defendant’s rights have been protected and if they received a fair trial.

34. Announcing the Decision When a decision is made, one judge writes an “opinion”, which is a detailed, legal explanation. The decision in this appeal sets “precedent”, which gives guidance for future cases.

35. Federal Judges Federal judges are appointed by the President and confirmed by the Senate. “Senatorial Courtesy” is when the President submits the name to the senators from the candidate’s state before making it official.

36. Federal Judges Federal judges serve for life. However, judges can be “impeached” and removed from their position.

37. Chapter 7: The Judicial Branch 2

38. The U.S. Supreme Court

39. The Supreme Court Justices

40. The main job of the Supreme Court is to decide whether laws are allowable under the U.S. Constitution. It stands above all other courts in the United States – it is the highest court in the land! Judges who serve on the Supreme Court are called justices

41. The Supreme Court Justices The Supreme Court has “original jurisdiction” in only two (2) instances: 1. Cases involving diplomats from foreign nations 2. Cases in which a state is involved. The Supreme Court is an appellate court in all other cases.

42. The Supreme Court Justices The decisions of the Supreme Court are binding in all cases and is the final authority in every case. All decisions have a written “opinion” of the justices.

43. The Supreme Court Justices The Supreme Court is made up of nine justices (1 Chief Justice and 8 Associate Justices) Our current Chief Justice is John Roberts Their main duty is to hear and rule on cases (thousands are appealed, but they decide which ones to hear)

44. Selection of the Justices As a part of checks and balances, the President has the task of appointing Supreme Court justices. Once appointed, all justices must be confirmed by the U.S. Senate.

45. Background of the Justices All Supreme Court justices have been lawyers (practicing or teaching law) or judges in lower courts.

46. Powers of the Supreme Court The Supreme Court has the power of “judicial review” (the power to decide if any local, state, or federal law goes against the Constitution) They also have the power to “nullify” (or cancel) that law…

47. “Marbury vs. Madison” (1803) In 1803, the Supreme Court claimed this power of “judicial review” with the case of “Marbury vs. Madison”. Prior to this case, this power was NOT granted to the Supreme Court and judicial review is not mentioned in the Constitution.

48. “Checks & Balances” The Supreme Court can “check” they power of the President by declaring executive orders or actions “unconstitutional” (going against the Constitution)

49. “Checks & Balances” The Supreme Court can “check” they power of the Congress by declaring laws or legislative actions “unconstitutional” (going against the Constitution)

50. Judicial Interpretation The Supreme Court has the final interpretation of the Constitution (what THEY say goes…) They also interpret laws created by Congress (who often write very “vague” laws…)

51. “Deciding Cases at the Supreme Court”

52. Accepting a Case To accept a case, four (4) of the nine (9) justices must agree to hear the case (less than 200 out of over 7,000 are accepted) An attorney will file a “Cert Petition” to request that their case be heard. If the Supreme Court agrees to hear the case, a writ of certiorari is issued. Once the writ the issued, the case goes on the “docket” (or court calendar)

53. Steps in Decision Making Once a case is accepted, each side prepares a “brief” (a written document explaining their position) Next, lawyers from each side present “oral arguments” (30 minutes to summarize their case)

54. Steps in Decision Making On Fridays, the justices get together to make their first decisions about the case (must have a “quorum” – 6 of 9) They meet in secret (with no audience or records kept) All cases are decided by a majority vote.

55. Steps in Decision Making “Majority Opinion” presents the views of the majority. “Dissenting Opinions” disagree with the majority. “Concurring Opinions” vote with the majority, but for a different reason. After the opinions are written, the court announces its decision. U.S. vs. the Amistad (1841)

56. Supreme Court Reasoning The “law” is supposed to be the most important influence on a justice’s decision. “Stare decisis” (“let the decision stand”) is the guiding principle for all judges…

57. Source of Laws Where do we get our laws from? – “Statutory” Law – laws from statutes – “Case” Law – based on Supreme Court decisions – “Common” Law – based on tradition – The US Constitution also gives us law.

58. “Statutory” Law Any law that is passed by a legislative body is called a statute, or statutory law. Congress, state legislatures and local government all pass these kinds of laws. They can be criminal or civil and usually reflect what majority of people would consider to be right or wrong. Example: The law that says all buildings have to have fire exits is a statute.

59. “Case” Law A source of law based on the decisions and outcomes of cases heard by the Supreme Court Landmark Supreme Court Case: Gideon v. Wainwright (1963) Gideon was not provided an attorney to represent him in court. The Supreme Court interpreted the 6 th Amendment to the Constitution to mean that all citizens will be given an attorney, even if they cannot afford one.

60. “Common” Law Common Law is law that is based on precedent (ruling on earlier cases) and customs (tradition). Example: having a jury trial in front of a judge is a part of common law.

61. Types of Laws There are several different types of law that affect Americans directly today that help maintain a peaceful and orderly society – “Military” Law – “Constitutional” Law – “Criminal” Law – “Civil” Law – “Juvenile” Law

62. “Military” Law Military Law governs the behavior of the men and women that serve in the US Armed Forces. This law is supported by the Uniform Code of Military Justice and addresses laws related to desertion, treason, crimes of war, treatment of prisoners, and the military trial process.

63. “Constitutional” Law Based on the Constitution Is the basis for much of what becomes “case” law

64. “Criminal” Law “Criminal” laws are laws that seek to prevent people from deliberately or recklessly harming a person or someone’s property.

65. Our Court System American courts operate on an adversary system of justice, meaning the courtroom serves as an “arena” in which lawyers for opposing sides try to present their strongest case.

66. “Criminal” Cases In these types of cases, the government always acts as the “plaintiff” (the person bringing the charges) and the person being charged/sued is the “defendant”.

67. “Criminal” Law Two types of Crimes: – “Felonies” – “Misdemeanors”

68. Felony Crimes “Felony” crimes are the most serious crimes with the most serious consequences (murder, rape, kidnapping, robbery, etc.)

69. Misdemeanor Crimes “Misdemeanor” crimes are less serious and often do not have very serious consequences (vandalism, theft, traffic violations, etc.)

70. Criminal Process Once an arrest has been made by law enforcement, the suspect will be informed of his/her rights. This is a result of the 1966 Supreme Court case “Miranda v. Arizona”…

71. Criminal Process Suspects then appear before the court in a “hearing” to hear the charges against them and listen to the judge’s decision on the next step.

72. Criminal Process At an “arraignment”, suspects formally hear the charges and are asked to enter a “plea”. They will enter “guilty”, “not guilty”, or “no contest (“I do not wish to contend = “nolo contendre”) – does not dispute the charge…

73. Criminal Process During a criminal trial, there are four steps: 1. Opening Statements 2. Testimony of Witnesses 3. Closing Statements 4. Verdict (Outcome)

74. Step #1: Opening Statements The first step of a criminal trial is allowing both the prosecution (State) and the defense (the accused) make an opening statement to the judge and jury. This is where the jury gets the “basics” about the case and learns about the facts they need to listen for.

75. Step #2: Testimony of Witnesses The Prosecution and Defense will call witnesses to give their testimony (or give answers under oath) in the case. These witnesses will also be “cross examined” by the other side.

76. Step #3: Closing Statements Near the end of the trial, the prosecution and the defense give their closing statements which summarize the arguments made, the testimony given and is the final opportunity for the attorneys to request a favorable outcome from the jury.

77. Step #4: Verdict After the closing statements have been given, the jury will leave to deliberate, or discuss and review the evidence and facts that was presented. Once their reach a unanimous decision, the jury will return to court and read their verdict (official outcome) to court.

78. Criminal Process Defendants are either found “guilty”, are “acquitted” (found “not guilty”), or the judge can declare a “hung jury” (a “mistrial” is declared by the judge)

79. Criminal Penalties Criminal penalties are designed to: – Provide punishment so the criminal pays for the crime against a victim or society – Remove prisoners so they are not a threat to society – Deter criminals from committing repeated crimes – “Rehabilitate” criminals so they can reenter society and become productive members

80. “Civil” Law “Civil” laws are for disputes between people or groups of people in which no criminal laws have been broken. Since there is no threat to society, the state does not take action. In other words, civil disputes are disagreements over non-criminal matters.

81. “Civil” Law When a civil case goes to court, it is called a “lawsuit”, which is a legal action in which a person or group sues to collect “damages” (an award of money) for some harm that is done.

82. “Civil” Law As in a criminal case, a “plaintiff” is the individual or group that files the lawsuit. Also, the “defendant” is the individual or group that is being sued.

83. “Civil” Law A case begins when a “complaint” is filed (a formal statement naming those involved and describing the nature of the lawsuit) Once filed, a “summons” (a document notifying the defendant of the lawsuit against them and an order a to appear) is sent by the court.

84. “Civil” Law A defendant may respond to the suit in a “pleading” (complaint and answer together). “Discovery” is the name of the process in which lawyers for the plaintiff and defendant check facts and gather evidence for the case

85. “Civil” Law In an “equity” lawsuit, issues are resolved by a judge based on the grounds of fairness. Judges often issue an “injunction” (or a court order commanding a person or group to stop a certain action)

86. Legal Protections in the U.S. Constitution Rulings in court cases are decided by written laws and precedents of earlier cases. “Stare decisis” means “let the decision stand”, or the practice of using earlier judicial rulings as a basis for deciding cases.

87. Legal Protections in the U.S. Constitution Citizens are protected from the suspension of their “Writ of habeas corpus” is a court order that requires police to bring a prisoner to court to explain why they are holding the person

88. Legal Protections in the U.S. Constitution Citizens are protected from “Bills of attainder” are laws that punish a person accused of a crime without a trial or a fair hearing in court.

89. Legal Protections in the U.S. Constitution Citizens are protected from “Ex post facto laws” are laws that allow a person to be punished for an action that was not against the law when it was committed..

90. Legal Protections in the U.S. Constitution “Due process” is the legal procedures established when dealing with the accused.

91. Amendment Protection Several of the amendments of the Constitution help protect the rights of the “accused”: – Fourth – Fifth – Sixth – Eighth

92. “Fourth Amendment” This amendment protects the rights of the accused with no“unreasonable searches and seizures” Law enforcement must obtain a “search warrant” (signed by a judge) specifying the exact place to be searched and what objects may be seized. Law Enforcement must have probable cause!

93. “Fifth Amendment” This amendment protects the rights of the accused: – Right of due process – No “double jeopardy” (accused of the same crime more than once) – No self incrimination (don’t have to testify against yourself_ – Right to a “grand jury” (where a group of citizens determine if there is enough evidence to continue)

94. “Sixth Amendment” This amendment protects the rights of the accused by granting legal counsel (or a lawyer) If the accused can not afford one, the state must provide one.

95. “Eighth Amendment” This amendment protects the rights of the accused by forbidding “cruel and unusual punishments” or “excessive bail” “Bail” is a sum of money paid to court to win release while waiting for their trial.

96. Young People & the Courts Citizens under a certain age are considered “juveniles” (18 in most states) Those who commit crimes against society are considered to be “juvenile delinquents” (not old enough for adult courts) Laws that are applied juveniles are called juvenile law.

97. Young People & the Courts Most crimes committed by juveniles are “misdemeanors” (less serious) However, juveniles do commit “felonies” (more serious).

98. Young People & the Courts The primary goal of the juvenile court is to “rehabilitate” the juvenile (or correct the behavior) rather than to punish. These courts basically handle “neglect” and “delinquency” cases

99. Young People & the Courts Many police departments have officers who try and “divert” (or steer away from the court system) these juveniles.

100. Young People & the Courts While court trials for juveniles are similar to adults, they do NOT have the right to a jury trial. The judge makes the decision.

101. Young People & the Courts The rights of juveniles were established in the 1967 “In re Gault” Supreme Court case (right to counsel, remain silent, confront witnesses etc.)

102. Young People & the Courts Unlike adult trials, the identity of juveniles is kept secret and the criminal records of these juveniles can be erased (expunged) when they reach adulthood.