1. Federal Judiciary
Lesson 12

2. Role of the Courts
What is the role of courts - resolve political issues?
Presidential election
Power of the President in Time of war - Rights of Detainees
Shivo Case – the right to die
Same Sex Marriage

3. Common Law 1. Basis of our system: English legal system
Judge/Case made tradition – Common Law
Precedent – stare decisis follow prior case
Predictable, efficient, stable

4. American Law 1. Constitutions (federal and state)
2. Statutes & Administrative Regulations
3. Case Law (appellate cases)
The interpretations of the constitutions, statutes & administrative regulations, both federal and state

5. JURISDICTION A Dual Court System – federal & state
each with trial courts and appellate courts
Jurisdiction of a court
Authority of this court to hear this case
(Marbury v. Madison, 1803) Supreme Court original jurisdiction set by the Constitution

6. Federal Court System 1. Federal Jurisdiction (basic to all cases)
a. A federal question: U.S. Constitution, federal law or treaties.
b. Diversity Jurisdiction: citizens of different states and $75,000.00; foreign nation or individual.
c. Standing to sue: real harm to the person bringing suit!

7. Federal Courts
1. U.S. District Court: trial court, at least one per state (CA has 4) N, S, C, E.
2. U.S. Courts of Appeals: appellate courts for 12 circuits; 13th Circuit in Washington, DC. Panel of judges review for legal error.
3. U.S. Supreme Court: hears appeals from both state and federal courts; nine (9) justices

8. Other Federal Courts
1. Foreign Intelligence Surveillance Act of 1978 (FISA Courts) secret issue warrants
2. Anti-Terrorist and Effective Death Penalty Act of 1996 (deportations)
3. Tax Court, Court of Claims, Bankruptcy, Patent Court, Court of Federal Claims, etc.
(courts with limited jurisdiction)

9. Litigation Plaintiff/Defendant Cross Complainant/Cross Defendant
Interpleader
Amicus Curiae
Class-Actions
Civil contempt – criminal contempt

10. The Supreme Court 1. First Monday in October to late June
2. Decide what cases to review, schedule oral argument, read briefs, meet in conference, draft opinions, final opinion.
3. Areas free speech, civil rights, states rights, capital punishment, abortion, privacy, school integration, term limits

11. Salary of Associate Justice $244,000

12. Today’s Court John G. Roberts, Jr.
Antonio Scalia; Anthony M. Kennedy; Clarence Thomas; Ruth Bader Ginsburg; Steven G. Breyer; Samuel A. Alito, Jr., Sonia Sotomayor; Elena Kagan

13. Supreme Court
Original Jurisdiction – as a trial court under the Constitution, art. 3, sec. 2
1. A state is a party
2. Affecting foreign diplomats
Can not be expanded by Congress
Number of cases decided each year??

14. Selection of Cases 1. Subjective (rule of 4) 2. Factors:
a. Two lower courts disagree
b. Lower court in conflict with Supreme
c. Case of significance
d. Substantial federal question
e. State court interpretations of federal law

15. Selection of Cases f. Constitutional issues in federal courts
g. Actions by the Solicitor General
3. Opinions (a statement of the decision)
Majority Affirm
Dissenting Reverse
Concurring Remand

16. Judicial Appointments
1. Who are they?
2. Senatorial Courtesy (veto - gone)
3. Political patronage of the President
political party and political philosophy
4. Senate confirmation (committee review and the importance of the court)

17. Judicial Confirmation
1. Confirmation more difficult since the rejection of Robert Bork in 1987.
2. Politics has always played a major role in approval
3. Most are confirmed without much dispute.
4. Those with strong ideological commitments experience difficulty.

18. Importance of the Court
1. Judicial Review
Constitutionality of both federal and state laws, & actions of the President or the Congress
2. Activism v. Restraint
3. Strict v. Broad Construction
4. Liberal v. Conservative

19. Checks on the Court A. Executive Checks: Power of enforcement
Power of appointment
B. Congressional Power
Propose Constitutional Amendemnts
Draft new laws around the Court
C. Public Opinion
Ignore or not enforce

20. Checks on the Court D. Citizens Selection of the President
Affect of the Media
E. Lower Courts
Limit scope of decisions

21. Other Items Writ of Certiorari
Extraordinary Petition to the Supreme Court to review a case – most often denied
Class actions
A certified group action – each member bound by the result, but can elect not to be a part of the Class