1. Teen Rights & the Law Ms. Stewart Basics of US Court System Prepared by Andy Austin United States Magistrate Judge

2. Three Branches of Government

3. US Supreme Court - Judicial Branch US Capitol - Legislative Branch White House - Executive Branch

4. Three Branches of Government

5. United States President Barack Obama Executive Branch United States Congressman Lloyd Doggett Legislative Branch United States Supreme Court Chief Justice John Roberts Judicial Branch

6. State vs. Federal Government

7. Branches of government - Texas

8. Governor Rick Perry Executive Branch Texas Senator Kirk Watson Legislative Branch Texas Supreme Court Former Chief Justice Wallace Jefferson Judicial Branch

9. Branches of government Judicial Branch

10. Branches of government Executive Branch

11. Executive branch – federal system Criminal cases

12. Executive branch – federal system Criminal cases Eric Holder Attorney General of United States

13. Executive branch – state system Criminal cases

14. Executive branch – state system Criminal cases Greg Abbott Attorney General of Texas Rosemary Lehmberg Travis County District Attorney

15. State vs. Federal Court - Austin courts for field trip

16. State Court Courts of general jurisdiction Can file any civil or criminal charge in state court unless statute prohibits that Certain cases can only be filed in state court: family law cases (divorce, custody); probate cases (wills) In Texas, state judges are elected Organized by county – court held in county seat

17. Federal Court Courts of limited jurisdiction You can only bring a case in federal court if there is a statute/law giving you the right to file charges or suit in federal court Judges are appointed Divided into geographic districts - 94 districts in total

18. What or who creates the federal courts?

19. Article III, Section 1 US Constitution “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.”

20. Article III, Section 1 US Constitution Federal judges are: – Appointed for life (or until they retire) – Cannot be removed except for bad behavior (through impeachment proceedings) – Cannot have their compensation (pay) diminished (lowered) during their time in office Why have these rules?

21. The Federal Courts U.S. Supreme Court (9 judges) 12 U.S. Circuit Courts of Appeal (179 judges) U.S. Magistrate Courts (523 judges) U.S. District Courts (94) (667 judges) U.S. Bankruptcy Courts (352 judges)

22. Texas State Courts Texas Supreme Court (9 judges) 14 Regional Courts of Appeal (80 judges) County Courts (504 judges) District Courts (454 judges) Probate Courts (18 judges) Texas Court of Criminal Appeals (9 judges)

23. Trial court Question: How many judges?

24. Court of Appeals Question: How many judges/justices?

25. Western District of Texas trial court divisions Question: Which division of the Western District of Texas serves Austin?

26. Question: Which US Court of Appeals serves Texas?

27. United States Supreme Court Question: How many judges/justices?

29. United States Supreme Court http://www.supremecourt.gov/about/biographies.aspx Chief Judge John Roberts Antonin Scalia Anthony Kennedy Clarence Thomas Ruth Bader Ginsburg Stephen Breyer Samuel Alito Sonia Sotomayor Elena Kagan

30. Your Supreme Court Justice http://www.supremecourt.gov/about/biographies.aspx Name Where/when born Current age Race/ethnicity, sex When appointed and by which president (who is affiliated with which political party) Years on US Supreme Court so far Job history before became justice (generally) University/college and law school attended Interesting other facts (at least five)

31. US Supreme Court’s (very small) docket 82 cases decided 10,000 cases filed (2010 term)

32. Separation of Powers What does each branch of government do in relation to our laws?

33. (1) The legislative branch WRITES the law.

34. Separation of Powers What does each branch of government do in relation to our laws? (1) The legislative branch WRITES the law. (2) The executive branch ENFORCES the law.

35. Separation of Powers What does each branch of government do in relation to our laws? (1) The legislative branch WRITES the law. (2) The executive branch ENFORCES the law. (3)The judicial branch INTERPRETS the law.

36. Role of Supreme Court Interpret laws adopted by Congress – If a law is not clear, it is left to the Courts to determine the proper way to apply the law to a particular fact scenario Interpret the Constitution – The Supreme Court is the final decision maker with regard to the meaning of the Constitution

37. Constitutional interpretation How does a court decide what the Constitution means? What do you do when you need to figure out what is meant by a particular piece of writing? – Ask the person who wrote it what they meant – Look up the meaning of the words in a dictionary – Try to figure out why the author was writing what was written – Look at other similar writings to help you interpret the piece you’re reviewing

38. Constitutional interpretation All of these are models for ways in which judges have interpreted our Constitution – Original meaning What did the drafters think the language meant? – Perfectionist (the “Living Constitution”) What is the best way to interpret the language to get the best result for society? – Pragmatic or minimal interpretation What is the most limited way to read the language so that we don’t change a lot of prior decisions?