1. The Judicial Branch
Chapter 18

2. What is the US Court System?
Part 1
What is the US Court System?

3. Basic Vocabulary
Jurisdiction: the limits or territory within which authority may be exercised
Circuit: The area or district covered under the jurisdiction of a judge
Plaintiff: person who files the suit
Defendant: person whom the complaint is against
Docket: list of cases to be heard in a court
Appeals: The transfer of a case from a lower to a higher court for a new hearing
Habeas Corpus: “unlawful detention” a person under arrest must be seen by a judge.
Writ: Legal action

4. Types of Jurisdiction Exclusive: Concurrent: Original: Appellate:
Cases only heard in either the State or Federal Courts
Concurrent:
Cases that can be heard in either the State or Federal Courts
Original:
The court in which a case is first heard
Appellate:
A court that hears a case on appeal from a lower court

5. 2 Separate Court systems in the US
National/Federal
120 Courts throughout the Country
State
Each state has their own system
They hear most of the cases

6. Federal vs. State Jurisdiction
Cases involving state laws
Family law issues
Real property issues
Most private contract disputes
most professional malpractice issues
most personal injury lawsuits
Most workers’ injury claims
Probate and inheritance matters
Most traffic violations and registration of vehicles
Crimes under statuses enacted by congress
Most cases involving federal laws
Matters involving interstate and international commerce
Cases involving securities and commodities regulations
Patent, copyright and other intellectual property issues
Cases involving rights under treaties
Bankruptcy matters
Disputes between states
Habeas Corpus actions
Traffic violations on certain federal properties

7. Federal Courts broken down further
Supreme Court
(Created by the Constitution
Inferior Courts
(Created by Congress)
Constitutional Courts
Special Courts

8. Constitutional Courts
Federal courts that Congress has formed under Article III
“Judicial Power of the United States”
Includes:
94 District Courts
12 US Courts of Appeals
US Courts of Appeals for the federal Circuit
US Court of International Trade

9. Special Courts
Created to hear cases arising out of the expressed powers of congress
More narrow range
Includes:
US court of Federal claims
Territorial Courts
Courts of DC
US Tax Court
US Court of Appeals for Armed Forces
US Court of Appeals for veterans claims

10. Part 2
Judges

11. Basics
Why does the Judicial branch need to be more or less independent from political parties?
President with the Senates help chooses federal judges
Usually whomever the Senate from the state where the judge will serve is nominated
Anyone can be chosen
Usually: lawyer, legal scholars, law school professors, former members of congress, state court judges

12. Two types of judges Judicial activists: Judicial restraint:
Believe they should use their position to promote desirable social ends
Judicial restraint:
Believes in making decisions judges should defer to the actions of the executive and legislative branch

13. Terms Supreme Court Justices serve for life
Removed by impeachment
Constitutional Court Justices serve for life
Special Court Judges serve for a certain term length

14. Court Officers Judge: Magistrate: Bankruptcy Judge: US attorney:
With clerks, bailiffs, court reporters etc
Magistrate:
Appointed by district court judge (400)
8 year term
Do smaller things that the judge doesn’t have time for
Bankruptcy Judge:
Each federal district has at least 1 (350)
14 year term
US attorney:
President and Senate appoints 1 for each district
The Government’s prosecutor

15. Part 3
Inferior Courts

16. Federal Courts of Appeals Federal District Courts
US Supreme Court
100 cases a year
8000
cases
Federal Courts of Appeals
55,000 cases a year
Federal District Courts
300,000 cases a year

17. 1. The District Courts
Created by the Judicial act of 1789

18. Federal Judicial Districts
Each state has at least 1
A district may have several judges
Cases are heard by either 1 judge or a 3 judge panel
Original Jurisdiction over most federal cases
Both criminal and civil cases
If appealed it goes to the court of appeals for that judicial circuit

20. 2. The Courts of Appeals Created by Congress in 1891
Used to relieve some of the burden on the Supreme Court (gatekeepers)
12 courts of appeal
Judicial Circuits
179 judges and a Supreme Court Justice is assigned to one of the circuits
3 judge panel (sometimes all of them)
Decisions are final unless the Supreme Court decides to hear the case

21. US Supreme Court US Court of Appeals for the Federal Circuit
US Court of Appeals for the Armed Forces
12 US Courts of Appeals
94 District Courts
Courts of DC
Territorial Courts
US Tax Courts
US Court of International Trade
US Court of Federal Claims
US Court of Appeals for Veterans Claims
Military Courts
Appeals from Highest State Courts

22. Other Constitutional Courts
Court of International trade
9 judges
Civil cases from tariffs and other trade issues
Court of Appeals for the Federal Circuit
12 judges
Nationwide jurisdiction

23. Part 4
The Supreme Court

24. Basics Only court specifically created by the Constitution
Judicial Review
The deciding if something is constitutional or not
Marbury v. Madison

25. Appointed by George W. Bush US Court of Appeals for DC
John Roberts
Chief Justice since 2005
Appointed by George W. Bush
US Court of Appeals for DC

26. Clarence Thomas Ruth Bader Ginsburg
Associate Justice since 1991
Appointed by George H. W. Bush
US Court of Appeals for DC
Ruth Bader Ginsburg
Associate Justice since 1993
Appointed by Bill Clinton
US Court of Appeals for DC

27. Stephen Breyer Anthony Kennedy
Associate Justice since 1994
Appointed by Bill Clinton
US Court of Appeals for the 1st Circuit
Anthony Kennedy
Associate Justice since 1988
Appointed by Gerald Ford
US Court of Appeals for the 9th Circuit

28. Samuel Alito Sonia Sotomayor
Associate Justice since 2006
Appointed by George W. Bush
US Court of Appeals for the 3rd Circuit
Sonia Sotomayor
Associate Justice since 2009
Appointed by Barack Obama
US Court of Appeals for the 2nd circuit

29. Elena Kagan Antonin Scalia
Associate Justice since 2010
Appointed by Barack Obama
Solicitor General of the US
Antonin Scalia
Associate Justice since 1986
Appointed by Ronald Reagan
US Court of Appeals for DC

30. Jurisdiction Both appellate and original jurisdiction
Most are appellate
2 types of cases can be heard as original jurisdiction
Those in which the state is the party
Those affecting ambassadors, or other public ministers and consuls

31. The Rule of Four How they choose cases to hear
At least 4 of the 9 Justices must agree that the case should be put on the docket
Most cases reach the Supreme Court by
Writ of Certiorari
An order by the court directing the lower court to send up the record in a given case for its review
Most writ are denied by the Sfupreme Court

32. How the Supreme Court Operates
1. The Supreme Court accepts a case and sets a date
2 week cycles
Hear cases for two weeks and then recess to consider the cases for two weeks
Oral arguments
Limited to 30 minutes
Briefs: written documents filed before the oral arguments
2. Solicitor General: The Attorney for the US

33. 3. Conference 4. Opinion Consider the Cases they heard
Chief Justice in charge
4. Opinion
After a vote and decision is made it is written in the form of an opinion
Chief Justice assigns who writes the courts opinion

34. Types of Opinions Majority Opinion: Concurring Opinion:
This is the opinion of the court.
The Ruling
Precedents: examples for lower courts
Concurring Opinion:
Add or emphasize a point from the Majority Opinion
Dissenting Opinion:
Written by those Justices who don’t agree with the Majority

35. Part 5
Rights of the Accused

36. To make sure this happens an accused person has a number of rights:
“It is better that ten guilty persons go free than that one innocent person be punished”
Any person who is suspected or accused of a crime is innocent until proven guilty
To make sure this happens an accused person has a number of rights:
Habeas Corpus
Bills of Attainder
Ex Post Facto
Grand Jury
Double Jeopardy
Speedy and Public Trial
Trial By Jury
Right to an Adequate Defense
Self -Incrimination

37. 1. Habeas Corpus Prevent unjust arrests and imprisonments
Person must be taken before the court and just cause must be shown why they are being accused
Lincoln suspended the Writ of Habeas Corpus in 1861
Taney: Unconstitutional
New law: Habeas Corpus Act
1866: Unconstitutional again

38. 2. Bills of Attainder
A legislative act that inflicts punishment without a court trial
Neither Congress nor the States are allowed to do this
Legislative branch can define laws but not declare someone guilty
Keeps people from being punished without a trial

39. 3. Ex Post Facto Laws A law passed after the fact
A criminal law, one defining a crime or providing for its punishment
Applies to an act committed before its passage
Works to the disadvantage of the accused
Neither Congress nor States can pass such laws

40. 4. Grand Jury
The formal device by which a person can be accused of a serious crime
16-23 people with a vote of 12 to bring and indictment
Indictment: a formal complaint that the prosecutor lays before a grand jury
Only the prosecution is present
Protect the accused from over zealous prosecutors

41. 5. Double Jeopardy
Once a person has been tried for a crime they cannot be tried again for the same crime
Exception Federal vs state
If it is a hung jury
Protect the accused from having to go back to trail over and over again

42. 6. Speedy and Public Trial
The government will try someone without undue delay and it a public trial
Protects the accused from
Being arrested and sitting in jail for years with no idea when your trial will be
The government doing something shady and not being held accountable
Can’t be too speedy or too public

43. 7. Trial by jury Impartial jury
Trial jury is often called a petit jury
The trial is held where the accused did the crime
Defendant may request a bench trial
No jury only the judge hears the case

44. 8. Right to an adequate defense
The accused has the right to the best possible defense that circumstances will allow
Defendants have the right to
Be informed of the nature and cause of the accusation
To be confronted with the witnesses against him
To have compulsory process for obtaining witnesses in his favor
To have the Assistance of counsel for his defense

45. 9. Self-Incrimination
No person can be compelled in any criminal case to be a witness against himself
The prosecution has the burden of proof in criminal cases
Miranda v. Arizona
Right to remain silent
Anything you say may be used against you
Right to an attorney
One will be provided if they can’t afford it
May end police questioning at any time

46. Part 6
Almost finished

47. You must know judicial review!!!!
Constitutionality
Marbury vs. Madison

48. You must know Due Process
The Federal Government cannot deprive any person of “life, liberty, or property, without due process of law.” 5th amendment
14th amendment puts the same restrictions on States and Local Governments
Due process is defined on a case by case basis