Transcript Document
All right, you people, now you are in my area—the judicial system. And we’re going to learn about the American System of Justice That’s right, Judge Judy. We’ll start by talking in general about American courts. So, generally speaking, what does Article III of the Constitution do? Article III of the Constitution: “the judicial power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may . . . establish.” This provision gives the federal courts their jurisdiction—the authority to interpret and administer the law. It creates a federal judicial branch, it creates the office of Chief Justice of the United States, it states that judges shall serve life terms (“during good behavior”), it specifies the categories of cases the Court may or must hear, and it grants Congress the power to create additional federal courts as needed. Students, Alexander Hamilton, here. What was my concept of judicial review, stated in The Federalist, Number 78? The very purpose of constitutions is to place limitations on the powers of government, and it is only the Court that can ensure such limits in the United States The words of the Constitution are vague. Chief Justice John Marshall provided details regarding what the courts may do with his ruling in the crucial case of Marbury v. Madison (1803) John Adams commissioned William Marbury as DC Justice of the Peace. Midnight appointment. New Secretary of State Madison refused to deliver; Marbury sued. Marshall Court held: Madison had broken the law but that that part of the Judiciary Act of 1789 was unconstitutional because it expanded the original jurisdiction of the Supreme Court The Court ruled that Marbury was entitled to his commission (therefore, Madison had broken the law.) But the Court said that it could not compel Madison to comply with the law because the section of the Judiciary Act of 1789 that granted the Court the power to issue writs of mandamus was unconstitutional. It was unconstitutional because it expanded the original jurisdiction of the Supreme Court as defined in Article III, which could only be done by constitutional amendment. Marshall’s decision initiated the Court’s power of Judicial Review—interpreting what the law is—in line with Hamilton’s Arguments in Federalist 78 Even though the Marshall Court’s decision in Marbury vs. Madison (1803) declared part of the Judiciary Act of 1789 unconstitutional, the structure of today’s federal court system was established by another part of that law. So, how has the Supreme Court’s use of judicial review changed over the years? Not used again until the decision in Dred Scott vs. Sanford in 1857 Used only 230 times between 1857 and 2007 The Rehnquist Court (1986-2005) used judicial review much more, especially in cases involving federalism and the powers of Congress under the commerce clause—gave more power to the states What bases to state courts use in adjudicating cases? The state’s own constitution State statutes A state’s administrative rules 99% of court decisions at the state level Figure 14.1 (p. 454) U. S. Supreme Court U. S. Claims Court U. S. Tax Court U. S. Courts of Appeal (13 Courts) U. S. District Courts (94 Courts) Court of International Trade Students, other than death or resignation, what is the only way to remove a federal judge from office? Impeachment; therefore deciding who will be judges is a very important process Why does the Constitution state that Congress cannot reduce the salaries of judges once they are in office? Maintain the independence of the judiciary by protecting it from legislative intimidation What types of cases are solely the province of the federal courts? Cases involving: The Constitution Federal statutes and treaties Admiralty and maritime issues (high seas) Controversies in which the U. S. government is a party Disputes between the states Disputes between a state and a citizen of another state Disputes between a state and foreign states Lower courts are divided into district courts and courts of appeals District courts: trial courts in the federal court system; do not hear appeals Grand juries bring indictments District courts make decisions in disputes based on the law and facts presented in the case Cases are tried before a district court judge and a petit jury. Both sides present evidence, some of which is supplied by witnesses. Prosecutors represent the people; defense council represent defendants Lower federal courts have original jurisdiction: the authority to hear a case’s initial trial. But the limits on federal courts are that they may only hear cases arising under the Constitution and other federal laws, and other related factors—governments, foreign diplomats, etc. Students I also want you to know about magistrate judges. Appointed by judges of the district court 8-year renewable terms Issue arrest warrants, hold hearings to determine, whether arrested persons should be held for action by the Grand Jury; if so, set bail; hear motions subject to varying kinds of review; preside over civil trials Courts of appeals hear appeals of cases that have been adjudicated by district courts There are 12 U. S. courts of appeals, each of which covers a jurisdiction called a circuit. The one for Washington, D. C. is also charged with hearing cases arising from rule-making federal agencies. A 13th circuit, the U. S. Court of Appeals for the Federal Circuit: patents and government contracts Each circuit court of appeals has 6-28 judges No juries; usually only 3 judges hear a case; however, at times the entire circuit court may hear a case Judges base their decisions on two inputs: written legal briefs submitted by the attorneys from both sides and from the written record from the actual trial—no new evidence Often, attorneys from both sides may also orally argue the case before a 3-judge panel The judges render an opinion, which can reverse the lower court’s decision; affirm (or uphold) the lower court’s decision; or send the case back to the lower court for retrial. Usually, a reversal will come if the appeals court finds that the lower court did not properly apply a law. First off, Judges do more than make decisions based on laws; through precedents, they actually make laws. When judges announce specific opinions, they also provide the legal grounds for those decisions. Those grounds serve as precedents: guiding principles for determining what is legal in future situations that involve similar issues. Other judges—and lawyers—use these precedents in guiding their actions. so, judges by making precedents, actually make law, with no checks or balances. Having discussed precedent, what is the rule of stare decisis? Judges are expected to uphold precedents set by earlier courts, the same level or superior. Not a very restrictive rule. The Supreme Court rarely reverses the decision of an earlier court, placing great weight on stare decisis, but it will do so if the ruling is one they no longer wish to follow. Now, it is important to understand that the decisions of the 12 geographic circuit courts determine the meaning of laws for the people who live in the states covered by each circuit (see the map on p. 456.) Hey, you know I love to see people tested. And Simoncini likes to throw in material from charts in the book on his tests. So make sure that you review Figure 14.3 on p. 457 of your textbook, regarding “How Cases Get to the Supreme Court.” Stephen Breyer (1994); Samuel Alito (2006); Sonja Sotomayor (2009); Elena Kagan (2010) Chief Justice: John Roberts (2005); Antonin Scalia (1986); Anthony Kennedy (1988), Clarence Thomas (1991); Ruth Bader Ginsburg (1993); Constitution does not set size; Congress sets the size. The current number of 9 set 1869. Hello, again, students. Chief Justice John Marshall here. Why is the Supreme Court considered both a court of original jurisdiction and an appellate court? Disputes involving ambassadors/diplomatic personnel and disputes between states must originate in the Supreme Court. Mostly, however, it is an appellate court. Students, I am Justice Sonja Sotomayor. What qualifications does the Constitution set for people to serve as federal judges or justices? No background requirements: age, profession. But all have had significant preparation (Harvard/Yale) and by custom and tradition, appointees to the federal bench must be lawyers, but, until quite recently, they did not have to have judicial experience. So why has it become important for nominees to have had judicial experience? As the federal courts have become more important in determining American public policies, and as partisan and ideological conflicts have become more pronounced in the country, having judicial experience has become more important in the nomination and confirmation process. Why? Senators want to know the judicial philosophies and general ideological outlooks of the people who will serve. One way to know this is to examine the rulings and written opinions of nominees who have been judges. With whom do presidents normally consult before forwarding nominations for seats on the Supreme Court and circuit courts to the Senate? Key senators, especially those on the Judiciary Committee Pertaining to district court appointees, through Senatorial Courtesy, presidents will give senators from the state where a district court is located an opportunity to review and approve a nominee before her/his name is forwarded to the Senate for consideration. Ronald Reagan favored conservatives who were committed to rolling back affirmative action and other civil rights claims, abortion rights, protections for criminal defendants, and broad claims of standing in environmental Cases. The defeat of Judge Robert Bork was the Product of deep ideological differences Between a Republican president and a Democratic controlled Senate. Some say that the Senate has turned the confirmation process into a political sideshow, traced back to the demonization of Judge Bork. While the Senate confirms the vast majority of presidential nominees. . .there is considerable political bargaining and behind-the-scenes testiness. Political clashes induced by party polarization and divided government have led to a drawn-out confirmation process. Example: 1991confirmation hearings for Justice Clarence Thomas Students, I am President Dwight Eisenhower. Why was I disappointed in my nominee to be Chief Justice, Earl Warren? Earl Warren led the Court in a liberal direction by transforming constitutional law regarding civil rights and criminal procedure. Richard Nixon was upset when his nominee for Chief Justice, Warren Burger, overrode Nixon’s claim of executive privilege. When is the Supreme Court normally in session? First Monday in October until late June or early July What are the three norms of Supreme Court behavior? Secrecy (meet alone; no clerks/secretaries) Seniority (seating/order of speaking in conference) Precedent The Court rarely departs from precedent and when it does it is for significant reasons. For example, we, the Warren Court, in 1954 overturned the 1896 ruling in Plessy v. Ferguson when we ruled on Brown v. Board of Education of Topeka, Kansas. Students, what is a superprecedent? Landmark rulings that have been reaffirmed by the Court over the span of many years and whose reasoning has become part of the fabric of American law (Chapters 15-16) Students, what are the three technical rules that help keep down the number of cases heard by the U. S. Supreme Court each session? Cases must be real and adverse Disputants must have standing (Dr. Newdow) Cases must be ripe: all other avenues of appeal must have been exhausted, and the injury must have already taken place Also $300.00 filing fee, can be waived if the Court approves an affidavit in forma pauperis Most people who petition the Supreme Court request a writ of certiorari. If the Court agrees to hear the case, it grants a cert under the Rule of Four—if 4 justices vote to hear the case. Lawyers who may argue before the Supreme Court must be members of the Supreme Court bar—having been a member of a state bar for at least 3 years and known to be of Good moral and professional character. The Supreme Court is mostly an appeals court, reviewing cases from lower federal courts. About 18% of the cases we review come from state courts. Each year, the Supreme Court receives about 10,000 cases. It sets its own agenda by choosing to hear about 80 cases on public policy issues that it considers the most pressing. Those cases are placed on the court’s docket (or schedule). The result: more influence than ever before is being exercised by the 13 federal circuit courts For cases we choose to hear, lawyers for each side file written briefs—summaries of their arguments based on law, the Constitution, and evidence. If one of the sides in a case is the United States Government, the Solicitor General of the United States, an official of the Department of Justice, files the brief. Groups who are not the main parties but who have great interest in a case may file amicus curiae (friend of the court) briefs as well After the Court has read the written briefs, lawyers for both sides present oral arguments before the Court. Generally, each side has 30-minutes to present its case; however, usually my colleagues and I use most of that time by asking them to respond to our (the justices’) questions. After hearing arguments on cases for about three weeks, the members of the Court go into consideration sessions—they discuss the cases, in order of seniority, starting with the Chief Justice, and decide how they will rule. If we are not unanimous, the senior person on each side of an issue assigns opinion-writing responsibilities. The opinion of the Court—the views of the Majority of the court in both the outcome of the Case and on the Court’s grounds for deciding it. Concurring opinions—a justice writes one of these if he/she agrees with the majority outcome, but disagrees with all or part of the grounds stated in the majority opinion. A justice might write a dissenting opinion if he or she disagrees with the decision reached by the majority. In this document, the justice notes the grounds for his or her dissent. The Supreme Court rarely reverses the decision of an earlier court, placing great weight on stare decisis—or upholding precedents set by earlier courts. If the Chief Justice votes with the majority in conference, he assigns the writing of the opinion of the Court. If the Chief Justice is in the minority, the opinion is assigned by the most senior member of the majority. Opinion writing is often collaborative in nature: opinions of other justices, points from amicus curiae briefs; most written opinions are revised several times before being submitted. Once the opinion of the Court is completed, the justices take a final vote in conference. Students, why does the U. S. Supreme Court attach an opinion to each of its decisions? Opinions guide the actions of other courts, litigants, and public officials. This methodology is another demonstration that the Court recognizes its policymaking role. Here’s what happens after the Court decides. The Court remands, or sends, the case back to a lower court with instructions to act in accordance with its opinion. The lower court often has considerable leeway in interpreting the Court’s mandate as it disposes of the case. Sometimes, Supreme court pronouncements are simply ignored. Students, what are the four historical periods discussed in our textbook under the heading, “Structural Change and Constitutional Interpretation?” 1. National Power and Property rights (Marshall) 2. Government and the Economy (using the 14th Amendment’s due process clause to ensure laissez-faire in the national economy— ended with the New Deal) 3. Individual Rights and Liberties (Warren Court’s focus on civil liberties and civil rights) 4. Conservative Retrenchment (more power back to the states) So what’s the difference between judicial restraint and judicial activism? Restraint: the philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say. Activism: judicial philosophy proposing that judges should interpret the Constitution to reflect current conditions and values. Here are 4 ways that judicial activism is expressed. Reversing decisions of past Supreme Courts Deciding political issues (Bush v. Gore (2000)) Remedies—actions that courts determine must be taken to rectify a wrong done by government Original Intent (another term for judicial restraint) What are the arguments for and against original intent and strict construction? Opponents of original intent and strict construction believe that the intentions of the framers are not only impossible to determine but also unduly constricting. They believe that jurists must try to reconcile the fundamental principles of the Constitution with changing conditions. What are test cases and class action suits? Test cases: cases brought to force a ruling on the constitutionality of some law or executive action (Brown v. Board of Education) Class-action suits are brought on behalf of a group of people who are in a situation similar to that of the plaintiffs. Types of law utilized in the American legal system include: common, statutory, constitutional and administrative. They can also be categorized as criminal or civil. Evenin’ there, Columbians. I’m Petri Hawkins Byrd, Judge Judy’s bailiff. And we’re going to briefly talk about various types of law within the U. S. legal system. Common law, or judge-made law, is a body of law based on judicial rulings in earlier cases. We discussed judge-made law in our previous lecture. That’s right Petri. In fact, most of the laws used in civil cases, like those Judges Wapner, Brown and I hear on TV or in real courts, are based on common law. If you have ever watched my show, for a judge or jury to hold against a defendant, that person must have clearly acted negligently. By relying on common law in such cases, judges look to precedents set by other judges in other rulings, as they interpret the law. The second type of law used in American courts is statutory law—or laws made by Congress, state legislatures, county boards of supervisors, and city councils. Sometimes, when a judge rules on a statute, or law, he or she is performing statutory interpretation—deciding the meaning of certain laws. The third type of law, constitutional law, of course, has supreme standing over all other types of law—when in doubt, the Constitution takes precedence. Equity law is used whenever common law remedies are inadequate. If an injury done to property may do irreparable harm for which money damages cannot provide compensation, under equity a person may ask the judge to issue an injunction ordering the offending person not to take the threatened action. Hi students. Lawyer Elle here along with my favorite client, Bruiser. Administrative law includes both regulations made by departments in the Executive Branch and the laws that govern the actions of those departments and independent agencies. This type of law is not very exciting; so let’s get into criminal law, the stuff that gets my blood moving. Yeah!!! There are two main types of criminal law: felonies and misdemeanors. Felonies are serious crimes for which a person, if convicted, can receive very heavy sentences of prison, fines, probation, or, in some cases, death. Examples include murder, rape, burglary and several others. Misdemeanors are less serious crimes such as traffic violations or disorderly conduct. Sentences can include fines or confinement in the county jail for short periods. Most felony and misdemeanor laws are state laws and deal with crimes against people or property—assault and battery for example. Some laws are federal laws and are crimes against the federal govern-ment—income tax evasion, for example. Crimes are considered offenses against society in general, as well as against an individual victim. Civil law involves disputes in which one private party brings a lawsuit against another for causing some harm. People who file the lawsuits—let’s say against a person who hits his or her car—are called plaintiffs. The party against whom the suit is brought is known as the defendant. There are major differences in civil and criminal cases. In a criminal law case, the people, or the prosecutor, must prove guilt beyond a reasonable doubt, for example. But in a civil suit the plaintiff does not have to prove wrongdoing by the defendant beyond a reasonable doubt. That’s why I walked away acquitted of murder in 1996, but in the civil suit brought by Fred Goldman and others I lost almost everything.