1. United states government
Monday, December 4, 2017

2. Warm-Up: Federal Courts Review
Draw this diagram in your notebook, and label it with the 3 levels of the Federal Court system:
_____
______
_______

3. Federal Law, attorneys, and judges

4. Federal
State
“Dual Court System”
Structure

5. Civil Law
Civil Law: Disputes between two parties over a wide range of matters
What are some types of matters that might lead to civil suits?
Classic areas of civil law:
Contracts
Torts
Property
Family law
The civil law of most states is based on that state’s common law
Whether there is such a thing as federal common law is a debatable issue; but nearly all of federal civil suits are based on statutes or regulations
Most common subjects of civil disputes in federal courts:
Government contracts
Eminent domain
Regulatory compliance
State law suits where there is diversity of citizenship among the parties

6. Criminal Law
Criminal Law: Involves cases in which the government charges an individual with violation of a criminal statute
Crimes are entirely statutory, but some principles of common law may apply
Example: Self Defense—does a person who is attacked have a duty to attempt retreat/escape before exercising the right to self defense?
Most criminal law is state law
Major areas of federal criminal law:
Federal drug law
Interstate trafficking (persons, pornography, etc.)
Fraud
Bank robbery
Tax evasion
Counterfeiting

7. The Appeals Process: The Parties
Appellant: The party challenging the ruling in the lower court
Appellee: Party who won in the lower court
In a civil case, either party may appeal
In a criminal case, the defendant may appeal the verdict or the sentence (punishment) imposed
The government may not appeal a “not guilty” verdict in a criminal case, but may appeal the sentence imposed by the trial court

8. Access to Appellant Status
Acceptable bases for appeals:
1) One or more erroneous legal rulings by the trial judge
2) Court misconduct
3) Unreasonable findings of fact based on the evidence presented at trial
In the federal court system, the losing party has one “appeal as of right”
Appeals to the Supreme Court are at the discretion of the justices

9. Supreme Court Justices: “The Nine”
The Conservatives
The Liberals
John Roberts (Chief Justice)
George W. Bush
Harvard Law School
Clarence Thomas
George H.W. Bush
Yale Law School
Samuel Alito
Anthony Kennedy
Ronald Reagan
Neil Gorsuch
Donald Trump
Ruth Bader Ginsburg
Bill Clinton
Columbia Law School
Stephen Breyer
Harvard Law School
Sonia Sotomayor
Barack Obama
Yale Law School
Elena Kagan

10. The Nine

11. Federal Judges Circuit Court Judges 68% male 77% white
District Court Judges
68% male
75% white

12. Government Attorneys Office of White House Counsel
Attorneys working for the President
Office of the Solicitor General
Attorneys working on behalf of the Executive Branch;
Argue the government’s cases in the Supreme Court
Most executive agencies have staffs of attorneys among their employees
Of course, the Department of Justice employs the most government lawyers
Some offices/sections within DOJ:
Criminal Division
Civil Rights Division
Antitrust Division

13. Federal Criminal Lawyers
The federal government’s prosecutors are known as U.S. Attorneys
There is a U.S. Attorney’s office for each federal district court
Many federal judges begin their careers as U.S. Attorneys
There are also federal public defenders for each district court
Unlike in most states, the salaries of federal public defenders are equal to those of their counterparts in the U.S. Attorney’s office
But—there are many more USA’s than public defenders!

14. Exit Ticket: Practice MCQ
Which of the following cases would be heard in a federal court?
A) A dispute between a landlord and a tenant over unpaid rent.
B) A class action lawsuit by neighborhood residents against a factory, for dumping toxic waste in violation of EPA regulations.
C) A criminal complaint for assault and battery.
D) A lawsuit by a widget manufacturer against a widget purchaser (both located in the same state), alleging non- payment for widgets that were delivered on time and in full.

15. Homework Free-Write Question:
What role [could you/would you like] to play in the federal court system in your adult life?
(1 Paragraph)
You are not limited to the roles that we discussed in class today.