1. The Nature of the Judicial System  Judicial branch consists of many courts.  Courts  An arena for two parties to bring their conflict before an impartial arbiter (a judge).  Adversarial system  Courts provide an arena for two parties to bring their conflict before an impartial arbiter (a judge)  Dual system  State – most disputes are settled at this level  Federal courts – focus in this class  Most (90%) cases never go to trial because they are settled out of court. 1 AP Gov 5.1

2. The Nature of the Judicial System  Two kinds of cases: Criminal and Civil  Criminal Law: The government charges individuals with violating specific laws. The crime warrants a punishment.  Civil Law: There is no charge of criminality. Dispute between 2 parties (one of whom may be the government itself). Examples: divorce proceedings, mergers of companies, contract disputes, etc. 2 AP Gov 5.1

3. Participants in the Judicial System  Litigants  Every case has a plaintiff and a defendant Plaintiff brings the charge Defendant defends self Plaintiff listed first (Brown v. Board of Ed)  Must have Standing to Sue Plaintiffs must have an interest in the case and must have sustained some form of injury  Class Action Suits have recently become more common Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated.  The issues must be Justiciable Disputes (capable of being settled as a matter of law) 3 AP Gov 5.1

4. Participants in the Judicial System  Groups (3 rd parties)  Interest groups such as the NAACP Brown v. Board of Education (1954)  The American Civil Liberties Union (ACLU)  Amicus curiae briefs Briefs submitted by a “friend of the court” for the purpose of raising additional points. 4 AP Gov 5.1

5. Participants in the Judicial System  Attorneys  Serve as advocate for the plaintiff and defendant.  All defendants have a constitutional right to an attorney (6 th amendment)  Federally funded Legal Services Corporation employs lawyers to serve the legal needs of the poor Also, Public Defenders at state/local level  Some employers and unions provide legal insurance (like medical insurance) Used for divorce, complaints, whatever… 5 AP Gov 5.1

6. Structure of the Federal Judicial System  “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress from time to time ordain and establish.” – Article III, Section 1  Constitution is vague  Supreme Court  Inferior Courts that Congress may from time to time ordain and establish To clarify, Congress created constitutional courts through the Judiciary Act of 1789 3-tiered system District courts – local Circuit courts - regional Supreme Court (already existed due to the constitution) 6 Civics 5.1

7. The Structure of the Federal Judicial System  Original jurisdiction  Jurisdiction of courts that hear a case first, usually in a trial.  These are the courts that determine the facts about a case  Appellate jurisdiction  Jurisdiction of courts that hear cases brought to them on appeal from lower courts.  These courts do not review the factual record, only the legal issues involved. 7 AP Gov 5.1

8. Organization of Federal Courts AP Gov 5.1 8

9. District Courts  91 courts of original jurisdiction.  They are the only federal courts in which trials are held and in which juries may be impaneled.  Jurisdiction extends to (p. 471) Federal crimes Civil suits under federal law Civil suits between citizens of different states where the amount in question exceeds $75,000 Supervision of bankruptcy proceedings Review of the actions of some federal administrative agencies Admiralty and maritime law cases Supervision of the naturalization of aliens. 9 AP Gov 5.1

10. Courts of Appeal  Appellate courts empowered to review all final decisions of district courts, except in rare cases.  They also hear appeals to orders in many federal regulatory agencies.  U.S divided into 12 circuits  Each court of appeal hears cases in panels of three judges  Can sit en banc (with all judges present) during important cases  Decisions are made by majority vote of participating judges 10 AP Gov 5.1

11. The Federal Judicial Circuits 11 AP Gov 5.1

12. Supreme Court  The pinnacle of the American judicial system.  Ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law.  It has both original jurisdiction and appellate jurisdiction.  Unlike other federal courts, it controls its own agenda. 12 AP Gov 5.1

13. Jurisdiction of the SC 13 AP Gov 5.1

14. Nomination Process  The Lower Courts  Senatorial Courtesy An unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator of the president’s party from the state in which the nominee will serve. The tradition also applies to courts of appeal when there is opposition from the nominee’s state senator. Ex. Pres. Obama nominates for CA If Sen. Feinstein opposes nomination, then the senate will not confirm. 14 AP Gov 5.1

15. Nomination Process – The Supreme Court  President appoints justices.  Nominations can be a president’s most important legacy.  Not all presidents get a vacancy.  Senate must confirm nomination by simple majority  Hearing by the Senate Judiciary Committee  Nominees fail 20% of the time  What makes a nomination less likely? Pres’ party doesn’t control Senate Nomination would alter the ideological balance of the Court  Famous failure – Robert Bork (Reagan) 23 hours of testimony, lots of interest group protest http://www.youtube.com/watch?v=5ffTtOMIJAk&feature=related 15 AP Gov 5.1

16. Background AP Gov 5.1 16  Backgrounds of Federal Judges  They are all lawyers (although this is not a constitutional requirement.  They have typically held office as a judge or prosecutor.  All but 6 (Marshall, O’Connor, Thomas, Ginsburg, Sotomayor, and Kagan) have been white males.  Most age 50s and 60s when they took office, from upper-middle or upper class, and Protestants.

17. AP Gov 5.1 17  Backgrounds of Federal Justices  Ideology influences judicial selection!  Presidents want to appoint to the federal bench people who share their views because they want policies they agree with.