1. Unit IVD National Judiciary
Institutions
Unit IVD
National Judiciary

2. American Legal System Criminal Law Cases Civil Law Cases
An individual violating a specific law based on regulating morality
Misdemeanor
Less serious crime; less than 1 year incarceration; fines
Felony
More serious crime; more than 1 year incarceration
Varying degrees of crimes based on intent
Civil Law Cases
Involving a perceived violation of civil rights or legal relationships
i.e. contracts
Lawsuits
Class action involves a one or a few representing many affected
Basic Structure of a Court
Litigants
Plaintiff – brings up charges, sues
Burden of proof
Defendant/respondent – answering charges
Lawyers
Prosecution – government lawyers accusing of criminal charges
Public defenders – government-paid lawyers for criminally-charged individuals
Jury
Trial by jury; one may request a bench trial or trial by jury
Judge
Presides over the case; rules on objections; final ruling; passes sentence
Public
Audience members, interest groups, relations to litigants

3. Constitutional Structure
Article III establishes the judicial branch
United States Supreme Court
Congress establishes lower federal courts
Judiciary Act of 1789
Also set number of SC justices, position of Chief justice
Constitutional Courts
District Courts (original jurisdiction) – 1789
Each state has at least one district court
94 district courts
Courts of Appeals (appellate jurisdiction) – 1891
13 Courts of Appeals separated by geographic circuits
Legislative Courts
Agency reviews (taxes, trade, bankruptcy)
Not subject to Article III parameters

4. Court of Appeals

5. Jurisdiction Original Jurisdiction Appellate Jurisdiction
Court is the first to hear the case
Appellate Jurisdiction
Reviewed by a higher/alternate court
Supreme Court’s Jurisdiction
Original jurisdiction involving cases with ambassadors, foreign ministers, consuls, state is a party
Appellate jurisdiction in all other cases
From federal district or appeals courts, or state supreme courts involving federal law or Constitution
Concurrent Jurisdiction
Cases may be tried in state or federal courts

6. Dual Court System Federal Court System State Court Systems
Federal-Question cases
Arising under the Constitution, the law of the U.S., and treaties
Diversity cases
Involving different states or citizens of different states
Dual Sovereignty
Either state or federal court can review case if both state and federal laws broken
State Court Systems
Circuit court system with original and appellate jurisdiction courts
State supreme court decisions final law in respective state
May be appealed to U.S. Court of Appeals and Supreme Court if a constitutional question

7. Federal Judges Serve “during good behavior” – Article III Appointment
Life terms
Appointment
Not elected hence not directly subject to political pressures
President appoints with advice and consent from the Senate
Senatorial courtesy

8. Nominating a Supreme Court Justice
Presidential appointments politicized
Party Affiliation
Political Ideology
Litmus Test
Asking questions about stance on major issues, i.e. abortion
Race, Gender, Religion, Region
Judicial and Legal Experience and Record
Political Acceptability
Legal organizations
American Bar Association
Interest groups
U.S. Senate
Simple majority required
Other justices

9. Checking and Balancing Judges
Adversarial System
Issue between two parties settled by an impartial judge or jury
Justiciable Dispute
Based on an actual situation and not a hypothetical test
Political Questions
Disputes between Congress and the President or a matter left to a branch of government
Appointments
President appoints with Senate approval
Impeachment
House of Representatives may impeach a federal judge and the Senate tries
Structure of the Courts
Congress may alter the number of district or appellate courts, number of SC justices
Amendments
Overrule a federal court decision by amending the Constitution or bounding the courts to the supreme law of the land

10. The U.S. Supreme Court
Currently made of 9 justices, including a Chief Justice and 8 associate justices
Congress determines the number of justices
$217,400 salary for Chief Justice
$208,100 salary for Associate Justices

11. The Supreme Court Accepting Cases
Original Jurisdiction
Cases involving ambassadors, foreign ministers, consuls, or state a party
Very few cases are reviewed by the SC
Only a 100 out of 10,000 cases a year
Lower court decision stands if SC refuses to hear case
Justices may recuse themselves if conflict of interest
Rule of Four
Four of the nine justices must agree to hear/review a case
Writ of Certiorari
SC directs lower court to provide all records regarding a case when petitioned for review

12. The Supreme Court Reviewing and Hearing a Case
Case Briefs
Written arguments provided to SC prior to oral arguments
Cites legal arguments, legal precedents, previous court decisions
Amicus curiae brief (friend of the court)
Used by interest groups with a vested interest in case providing an additional legal perspective
Oral Arguments
30 minutes for each party counsel
Justices may ask questions during oral arguments
Solicitor General
Argues on behalf of the United States

13. The Supreme Court Deciding a Case
Conferences
Justices discuss the case on Wednesday afternoons and Fridays
Writing Opinions
Most opinions written by justice’s law clerks
Majority opinion
The official opinion of the court, the supreme ruling
Outlined by legal reasons
Dissenting opinion
Justices who disagree with the majority opinion write a dissent outlined by legal reasons
Concurring opinion
If a justice concurs with the majority but disagrees with the legal reasons

14. The Supreme Court Policymaking and Philosophy
Judicial Restraint - Originalism
Limit the initiative on social and political questions
Passive on policymaking
Strict interpretation of the Constitution
“The Constitution is not an empty bottle…it is like a statue, and the meaning doesn’t change.” – Antonin Scalia
Judicial Activism – Living Constitution
Active role in society and politics
Judicial intervention
Loose interpretation of the Constitution
“We are under a Constitution, but the Constitution is what the judges say it is.” – Charles Evans Hughes

15. Supreme Court History Marshall Court (early 19th century)
Marbury v. Madison (1803) – judicial review; constitutionality of laws and policies
Pro-Federalist decisions – expansion of national government power and influence
Taney Court (mid 19th century)
Scott v. Sanford (Dred Scott decision) (1857)
Pro-Democratic decisions – states’ rights and limited government
Late 19th Century-Early 20th Century
Wake of 14th Amendment – incorporation
Plessy v. Ferguson (1896)
Pro-business, pro-laissez-faire decisions during Gilded Age-Progressive Era
New Deal (1930s)
FDR’s court-packing to save New Deal policies from conservative rulings
Warren Court (1950s-1960s)
Active in civil rights and civil liberties decisions; “most liberal court ever”
Brown v. Board of Education, Miranda v. Arizona
Burger Court (late 1960s- early 1980s)
More conservative regarding rights of defendants
Roe v. Wade, Regents of UC v. Bakke
Rehnquist and Roberts Courts (late 1980s-2010s)
Continues the conservative ideology
McDonald v. Chicago, Citizens United v. FEC