1. The Judicial System
Chapter 15

2. The Judicial System Two types of cases:
Criminal Law: Government charges an individual with violating one or more specific laws.
Civil Law: Disputes between two parties and the relationship between them.
Lawsuits

3. The Judicial System Dual Court System
Federal courts – hear federal crimes
Supreme Court
Inferior Courts – any federal court below the Supreme Court
State courts – hear all other crimes
Most cases are tried and resolved in state courts (97%), not federal courts (3%).

4. The Judicial System Jurisdiction
The authority of a court to try and decide a case
Determined by the case’s subject/location
Original jurisdiction
Court in which a case is first heard
Appellate jurisdiction
Court that hears a case on an appeal from a lower court
Can uphold, overrule, or modify the ruling

5. The Judicial System Participants in Federal Court
Litigants – Standing to Sue
Plaintiff-the party bringing the complaint/charge
Defendant-the party being accused
Judge
Nominated by the President, confirmed by Senate
Jury
The 12 people who decide the outcome of a case
Attorneys
Public Defenders – lawyers assigned to defend the poor

10. Constitution on the Supreme Court
Article III, Section 1
Creates Supreme Court
Gives Congress the power for inferior courts
Serve “during good behavior”

11. Judiciary Act of 1789
Established structure and jurisdiction of the federal courts
Created the position of attorney general
DOJ was established in 1870
Has been amended but largely intact

12. Federal Court System District Courts94
Hear all cases involving federal jurisdiction (unless it falls in the jurisdiction of a specialty federal court)
Includes territorial courts for D.C., Puerto Rico, US Virgin Islands, Guam, Northern Mariana Islands
US Tax Court—Tax law and federal tax fraud
Federal Court of Veteran’s Appeals—veteran’s issues

13. Federal Courts Continued
US Bankruptcy Courts
Federal Agency “hearings”—agencies, like the IRS, holds hearings and functions as a federal court with lawyers, procedures and decisions
Circuit Courts of Appeals (Federal Circuit Courts)—hears appeals from the above courts
13 in total.
12 regions (circuits)
1 Circuit Court of Appeals for the Federal Circuit. National Court. See following slide

14. Specialty Federal Courts
US Claims Court
US Government has caused financial damages
US Court of International Trade
Disputes about trade that crosses international borders
Circuit court of Appeals for the Federal Circuit
Hears appeals from US Claims Court and US Court of International Trade
Patent law appeals, etc.

15. Military Courts Military Tribunals Courts of Military Appeals
One for each branch
Courts of Military Appeals
Hears appeals from Military Tribunals

17. Supreme Court 9 Justices: 1 Chief Justice, 8 Associate Justices
Set by Congress. 9 since Grant
Term begins on the 1st Monday in October
Lasts until June/July
Nominated by President-confirmed by Senate
No Constitutional requirements

18. Path to the Supreme Court
Three ways to reach the Supreme Court
Original Jurisdiction (Constitution)
Article III, Section 2
On Appeal from State Supreme Courts
On Appeal from Federal Courts

19. Choosing Cases Decide which cases it will hear
Usually involving issues of freedom in Constitution
Few original, mostly appellate
About 100 cases a year
Rule of 4—agree to review
Writ of Certiorari—to be more certain
Order by the Supreme Court for a lower court to send the record of a given case for its review
Solicitor General—3rd ranking official in DOJ

20. Court Session Read briefs beforehand Quorum – 6 Justices
Oral arguments may be made for each side
30 min each
Amicus Curiae Briefs
Have interest but not directly involved

21. Making Decisions Justices discuss in conference
Absolute secrecy
Vote and write opinions (legal reasoning)
Majority opinion – written to announce the Court’s decision and explain the reasoning
Dissenting opinion – written by one who does not agree with the majority
Concurring opinion – written by a member of the majority who wants to stress a point left out of the majority opinion
Decision is announced weeks/months later

22. Supreme Court Rulings 2 Ways to rule on a case:
Uphold/Affirm the Precedent
Stare Decisis – Let the decision stand
(Precedent: How similar cases were decided in the past)
Overturn/overrule the precedent
Rule differently than previous decisions

23. Stare Decisis Marbury v Madison, 1803 McCulloch v Maryland, 1819
Gibbons v Ogden, 1824
Baker v Carr, 1962
United States v Nixon, 1974