1. APS Day 22 Agenda Goal - To understand that the US court system is dual and that the rights of the accused have expanded due to landmark SC decisions based on the principle of Judicial Review (created by the court – not the Constitution.) Letter to public official – a preview Complete “The Supreme Court and ‘Such Inferior Court’”#1-9 Overview of courts within our federal system – see p 2 – taske notes from powerpoint –Adversarial, dual and three tiered system Questions from homework Defining additional terms p 3 Gideon’s Trumpet – begin –Answer questions p 4

2. The Congress Senate House Committees Congressional Budget Office Library of Congress General Accountability Office Gov’t Printing Office The President The Executive Office of the President White House Office Office of Management and Budget National Security Council Office of Policy Development Office of National Drug Control Policy Office of the US Trade Rep Council on Environmental Quality Office of Science and Technology Policy Office of Administration The Supreme Court 12 Circuit Court of Appeals 1Court of Appeals for the Federal Circuit 94 District Courts Federal Claims Court Court of Int’l Trade Territorial Courts Court of Appeals for the Armed Services Court of Veterans Appeals Administrative Courts Legislative Executive Judicial Department of State Department of Defense Department of Treasury Department of Justice Department of the interior Department of Agriculture Department of Commerce Department of Labor Department of Health and Human Services Department of Housing and Urban Development Department of Transportation Department of Energy Department of Education Department of Veterans Affairs Department of Homeland Security Major Independent Agencies (Note there are ) Advisory Council on Historic Preservation (ACHP) www.achp.gov www.achp.gov African Development Foundation www.adf.gov www.adf.gov Agency for International Development (USAID) www.info.usaid.gov www.info.usaid.gov American Battle Monuments Commission www.abmc.gov www.abmc.gov AMTRAK www.amtrak.com www.amtrak.com Appalachian Regional Commission www.arc.gov www.arc.gov Architectural and Transportation Barriers Compliance Board www.access-board.gov B Ballistic Missile Defense Organization www.mda.mil www.mda.mil Bureau of Alcohol, Tobacco, & Firearms www.atf.treas.gov www.atf.treas.gov Bureau of Arms Control www.state.gov/www/global/arms/bureauac.ht ml www.state.gov/www/global/arms/bureauac.ht ml Bureau of Engraving & Printing www.bep.treas.gov www.bep.treas.gov Bureau of Labor Statistics www.bls.gov www.bls.gov Bureau of the Census www.census.gov www.census.gov Bureau of Transportation Statistics www.bts.gov www.bts.gov C Centers for Medicare and Medicaid Services cms.hhs.gov cms.hhs.gov Central Intelligence Agency (CIA) www.cia.gov www.cia.gov Chemical Safety and Hazard Investigations Board (USCSB) www.chemsafety.gov www.chemsafety.gov Commodity Futures Trading Commission (CFTC) www.cftc.gov www.cftc.gov Commission on Civil Rights www.usccr.gov www.usccr.gov Commodity Futures Trading Commission www.cftc.gov www.cftc.gov Consumer Product Safety Commission (CPSC) www.cpsc.gov www.cpsc.gov Corporation For National Service (CNS) www.cns.gov www.cns.gov D Defense Advanced Research Projects Agency www.darpa.mil www.darpa.mil Defense Information Systems Agency www.disa.mil www.disa.mil Defense Intelligence Agency www.dia.mil www.dia.mil Defense Logistics Agency www.supply.dla.mil www.supply.dla.mil Defense Nuclear Facilities Safety Board www.dnfsb.gov www.dnfsb.gov Defense Security Service Judicial

3. US Constitution US Congress – makes US laws US Courts interpret and apply US laws 50 State Constitutions 50 State legislatures– makes 50 state laws 50 State Courts interpret & apply 50 state laws Dual System Courts of Original Jurisdiction 94 US District Courts – Trial Courts Also US Claims court, Courts Martial, Tax court, Maritime Court, Int’l Trade and lots of administrative Courts 50 State Courts of Original Jurisdiction 50 state District Court systems – Trial Courts – like in PA – Common Pleas, Commonwealth Court, Orphan’s Court, Small Claims Court, Traffic Court Courts of Appellate Jurisdiction 12 + 1 US Circuit Courts of Appeals Reviews district court actions for: Fair trial procedures Interpretation and application of law Constitutionality of law 50 State Courts of Appellate Jurisdiction 50 state Appeals Court systems like in PA –Commonwealth Court, Superior Court Reviews lower court rulings for fair trial procedures, State Constitutionality Court of Last Resort 1 US Supreme Court Reviews lower court on both sides opinions are final unless overturned by Constitutional Amendment or another USSC ruling 50 State Courts of Last Resort 50 state Supreme Courts Reviews lower state court. Opinions are final unless overturned by State Constitutional Amendment or a USSC ruling If question of Federal law or Constitution If question of State law or Constitution

4. Marbury v Madison (1803) CR2 Q5 Congress passes the Federal Judiciary Act of 1789. Part of the law says: –Lawsuits involving a plaintiff requesting a court to issue a writ (a court order) of mandamus (ordering a public official to do something) can be begun (original jurisdiction) in the US Supreme Court In 1801 before leaving office, Pres. Adams appoints William Marbury to a federal district court judgeship. The appointment is approved by the Senate but the commission papers are not delivered before Adams leaves office. The new Pres. Jefferson tells his new Sec of State, James Madison, to not deliver the commission papers. Marbury wants to be the judge he was appointed to be, but he needs the commission papers. He sues Madison.

5. Marbury v Madison (1803) The lawsuit is filed in the US Supreme Court because Marbury wants the Court to issue a writ (a court order) of mandamus (ordering Madison to deliver the papers) and the FJA of 1789 gives the USSC original jurisdiction over writs of mandamus The USSC was headed at the time by Chief Justice John Marshall Marshall sees that the USSC has three items to consider 1 – was Marbury wronged? 2 – does this wrong allow for a lawsuit? 3 – which court should deal with the lawsuit? Answers: 1.Obviously Marbury was wronged. 2.Yes, Marbury can sue. 3.NO, Marbury cannot sue in the USSC

6. Marbury v Madison (1803) Here is the logic: –A 3; S2; C 2 of US Constitution says that the USSC “In all cases affecting Ambassadors, other Public Ministers and Consuls, and those in which a state shall be a party, the supreme Court shall have original jurisdiction. In all other cases, the supreme Court shall have appellate jurisdiction.” –In 1789 Congress gave USSC another case over which to have original jurisdiction. Here the USSC has a problem, Congress passed a law requiring the USSC to do something. But the Constitution contradicts the law. “In all other cases it shall have appellate jurisdiction” Cases involving writs of mandamus are surely “other cases” What should the court do? Chief Justice Marshall answers: If a court is faced with following a law of Congress or a contradictory part of the Constitution, the Constitution will always trump, be held supreme, over the law of Congress. Therefore, if the law is unconstitutional then the Court has no choice but to strike down the law of Congress. Hence, the doctrine of Judicial Review

7. 1. Criminal law – laws prohibiting wrongs committed against society 2. Civil law – laws regulating actions that result in wrongs committed by one party injuring another (torts) or breach of contract 3. Plaintiff – complainer about their injury who brings a lawsuit 4. Defendant – party who defends himself against the accusations 5. Prosecutor – attorney representing “the people” in a criminal case 6. Adversarial system – two sides argue, presenting their case, out of this legal combat between two lawyers comes the truth 7. Original jurisdiction – trial authority – hears evidence, weighs evidence, determines truth, renders verdict, orders party to do something 8. District court – trial court – court of original jurisdiction 9. Trial court – court of original jurisdiction

8. 10. Appellate jurisdiction – Legal authority to hear an appeal. Authority to review a lower court’s decision based on court procedures not followed, law incorrectly applied, law incorrectly interpreted, or the law being unconstitutional. 11. Courts of appeals – Courts that have appellate jurisdiction. 12. Supreme Court – court of last resort. There is no appeal of a Supreme Court decision 13. Grand jury – jury of 16-23 people who determine if prosecution has enough evidence to go to trial. 14. Indictment – formal Grand Jury accusation that defendant probably committed a crime and that the prosecutor has enough evidence to go to trial. 15. Petit jury – small jury of 6-12 people charged with weighting evidence to determine a verdict.

9. 16. Verdict – “to say the truth,” decision of a trial court that orders one party in the case to do something 17. Evidentiary test – weighing evidence by the jury to determine truth 18. Preponderance of the evidence – evidentiary test in civil cases meaning more evidence on one side than the other 19. Beyond a reasonable doubt – criminal evidentiary test meaning have very, very little doubt about guilt 20. Guilty – responsible for committing a crime 21. Acquittal – not guilty determined by unanimous decision by criminal petit jury 22. Liable – legally responsible for harm caused to another 23. Negligent – legal determination that a person did not take the care a reasonable person would take to prevent harm from occurring to another

10. 24. Appeal – request that a higher court review a lower court’s decision based on procedures, application of law, interpretation of law, or law unconstitutional 25. Dual system – federalism created two different sets of governments – state and federal. Each government creates and enforces its own laws, therefore, each needs a court system to adjudicate these laws. Thus there is a federal court system, and there are 50 state court systems. 26. Writ of certiorari – court order fro the Supreme Court ordering the lower court to “send up” the case for review. 27. Clerks – recent law school graduates who aid justices in determining the merits of petitions for writ of cert. The clerks also help do legal research and aid in drafting opinions of the court. 28. Conference – meeting of the 9 justices of the Supreme Court. The conferences are usually held Wednesdays and Fridays. This is when the Justices discuss which cases to hear, and how they will rule on each of the cases they have already heard.

11. 29. Rule of four – method by which petitions for writ of cert are granted. After brief discussion of the merits of the case, a vote is taken in conference. If four justices vote in favor, then the court will hear the case either with or without oral argument. 30. Opinion of the court – Written decision of the court decided by a majority vote of the Justices sitting to hear the case. 31. Concurring opinion – Written opinion of some Justices who agree with the majority decision, but for different reasons. 32. Dissenting opinion– Written opinion of the minority Justices who disagree with the majority opinion. 33. Majority – number greater than half. Usually 5 Justices. 34. writ of habeas corpus – court order (writ) ordering the jailor to bring the prisoner to court for a fair judicial proceeding 35. in forma pauperis petition – request that the court pay court costs because the petitioner is poor. 36. constitutional law - law made by courts through interpretation of the constitution