1. Two basic kinds of cases…
Criminal law cases
The government charges an individual who violated specific laws
Civil law cases
No charge of criminality
Instead, there is a dispute between two parties
These judgments define the relationship between these two parties

2. Federalism There are State courts Federal courts
Most criminal cases end at the state level.

3. Participants Litigants
Plaintiff – brings the charge against the defendant
Defendant – is charged by the plaintiff

4. Standing to sue To sue, one must have standing
This is a legal concept that refers to who is entitled to bring a case to court
There must be an actual controversy between real adversaries
Must show that you have been harmed

5. Class Action Suit
A case brought into court by a person on behalf of not only himself, but of all other persons in similar circumstances

6. Participants Groups
Interest groups often seek out litigants whose cases seem particularly strong

7. Amicus curiae briefs
Legal briefs submitted by a “friend of the court” for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties
These briefs attempt to influence a court’s decision
Through these written depositions, a group states its collective position as well as how its own welfare will be affected by the outcome of the case

8. Courts with Original Jurisdiction
Those in which a case is heard first, usually in a trial
These courts determine the facts about a case, whether it is a criminal charge or a civil suit

9. Courts with Appellate Jurisdiction
Hear cases brought to them on appeal from a lower-court
Appellate courts do not review the factual record, only the legal issues involved
At the state level, the appellate process normally ends at the highest court of appeal: the State Supreme Court

10. District Courts 94 federal courts of original jurisdiction
Jurisdiction extends to:
Federal crimes
Civil suits under federal law
Civil suits between citizens of different states (exceeds $50,000)
Supervision of bankruptcy proceedings
Review of the actions of some federal administrative agencies
Admiralty and maritime law cases
Supervision of the naturalization of aliens

11. U.S. Courts of Appeal
Courts empowered to review all final decisions of district courts, except in rare instances in which the law provides for direct review by the Supreme Court
The U.S. is divided into 12 circuits, including one for D.C.

12. Supreme Court The pinnacle of the American judicial system The court
ensures uniformity in interpreting national laws
resolves conflicts among states
maintains national supremacy in law
It has both original jurisdiction and appellate jurisdiction, but unlike other federal courts, it controls its own agenda

13. Supreme Court
There is one chief justice and eight associate justices on the court
This number is not determined by the Constitution
Congress has the power to determine the size of the court

14. Courts as Policymakers
They choose the cases they will hear
Most likely to choose cases about civil rights and civil liberties and cases regarding discrepancies amongst the lower courts
Decisions based heavily on precedent
Stare decisis – let the decision [of the lower court] stand

15. The politics of judicial selection
Appointing a federal judge or a Supreme Court justice is a way for the president to leave a legacy because these are lifetime positions
They may only be removed through impeachment
The Senate must confirm each nomination

16. Lower Courts
Senatorial Courtesy – unwritten tradition under which nominations for lower-court positions are not confirmed when opposed by a senator from the state in which the nominee is to serve
Note that this does not apply to Supreme Court nominations

17. Supreme Court
The President usually relies on the Attorney General and the Department of Justice to identify and screen candidates for the Court
Candidates for nomination usually keep a low profile
The Senate Judiciary Committee does a lot of the investigating before the Senate will approve a nominee

18. Borked
For much of American history, Senate confirmation of nominees was a routine procedure
Now it is much more of a big deal
Example: President Reagan nominated Robert H. Bork to fill a vacancy
Bork testified before the Senate Judiciary Committee for 23 hours
A wide range of interest groups were involved
The Senate rejected his nomination

19. The Courts and the Policy Agenda
Judicial Activism
Those who favor activism want to allow the justices the freedom to forge new policies
Judicial Restraint
Those who favor restraint think the court is too powerful and should take a minimalist approach

20. Supreme Court
The term of the court begins on the first Monday in October and lasts for one year
Approximately 8000 petitions are filed within one term