1. Chapter 12 The Federal Courts
Political Science 101
Chapter 12
The Federal Courts

2. Key Concepts Millions of cases come to trial in the US every year
State & local courts handle the great majority of cases every year
The key power of the courts is judicial review
Only a small % of cases make it to the US Supreme Court
Federal court decisions are shaped by ideology and activism

3. Terms
Criminal law – regulates the conduct of individuals, defines crimes based on statutes, and assesses penalties
Civil law – lesser law - disputes
Habeas corpus – court order that forces the prosecution to confirm the cause for detention
Judicial review – asserted power of the Federal courts – basis for most of its authority – recognizes its ability to rule on the constitutionality of a law or action
Court of 1st resort – court with original jurisdiction
Court of last resort – normally the US Supreme Court

4. Terms
Rule of Four – determines which cases the Supreme Court will hear
Opinion of the Court – official opinion of the Supreme Court
Concurring Opinion – opinion written in support of the Opinion of the Court
Dissenting Opinion – opinion written in opposition to the Opinion of the Court
Judicial activism – court should go beyond the words of the Constitution
Judicial restraint – court should follow words of the Constitution – original intent

5. Federal Courts - overview
System based on English law and traditions
Article III the basis for the Federal Judiciary
Very brief/no details
Congress has created the structure
Presidents nominate/US Senate confiirms
Life appointment for justices
Constitutional rights
Amendments 4, 5, 6, 7 & 8

6. Federal Court Structure
US District Courts
94 districts in 50 states, DC & territories (at least one per state)
2800+ judges/distribution based on caseload
Appellate Courts & Specialty Courts
11 circuits plus DC
700+ justices
Panels of justices/review briefs
US Supreme Court
9 justices

7. Federal Courts District Courts Appellate Courts US Supreme Court
Trial court
Appellate Courts
Must have been violation of Constitutional rights to appeal
US Supreme Court
Hears cases a year

8. Justice Selection
ABA reviews and establishes pool for each level of court
President nominates
Senate confirms
Life appointment

9. US Supreme Court Convenes the 1st Monday of October Comprised of
8 associate justices
1 chief justice
Ideology of each justice important (liberal, conservative or centrist)

10. US Supreme Court Typical week
Monday and/or Tuesday – Court hears cases (either through “rule of four” or those mandated by Constitution) hour to argue case/receive questions from justices
Wednesday/Thursday – research cases/write decisions already agreed to
Friday – conference – discuss case(s) of that week - decide

11. US Supreme Court Types of Decisions: Opinion of the Court
Required of every case decided – written by someone in the majority/determined by chief justice
Concurring Opinion
Optional – written by anyone who supported the decision/normally reflects different legal argument
Dissenting Opinion
Optional – written by anyone who opposed the decision/normally reflects different legal arguments

12. US Supreme Court
US Supreme Court Reporter – annual volumes since 1789 – reports decisions of court for each year – includes Opinion of the Court as well as any Concurring/Dissenting Opinions
Role of clerks – they do most of the legal research and initially draft opinions
Court still does not allow cameras – somewhat aloof & secretive – somewhat mysterious