The Judicial Branch

Chapter 8

The Federal Court System

         Supreme Court top court in the US Goal is “equal justice for all” Accused considered innocent Federal court system created in Article III of the Constitution Established Supreme Court, gave Congress power to establish lower federal courts 1789 Judiciary Act, established federal district courts and circuit courts of appeals 1891 System of appeals courts created Three levels: District Court, Appeals Court, Supreme Court Exists alongside state court systems

The Federal Court System

 1.

2.

3.

4.

5.

6.

7.

8.

Jurisdiction over the following 8 kinds of

cases (courts authority to hear cases) Cases involving the Constitution Violations of Federal Laws Controversies between states Disputes between parties from different states Suits involving the federal government Cases involving foreign gov’t Cases based on admiralty and maritime laws Cases involving U.S. diplomats

The Federal Court System

Relation to State Courts  In some areas federal courts have exclusive jurisdiction, state courts have jurisdiction over all other matters    Cases heard in either a state or federal court, concurrent jurisdiction, they share jurisdiction Someone has broke both federal and state laws, option to have the trial in either the federal court or state court Citizens of different states where $50,000 involved

How Federal Courts Are Organized

U.S. District Courts

 94 District Courts (all states have at least one district)     Federal courts where trials are held and lawsuits are begin All federal cases must begin in a district court (original

jurisdiction)

Responsible for determining facts of cases Trial courts for criminal and civil cases, only district courts where witnesses testify and juries hear cases

How Federal Courts Are Organized

U.S. Courts of Appeals

  Next level of court system (appellate courts, federal appeals court) Review decisions of lower district courts     Have appellate jurisdiction Review cases where lower court applied law incorrectly, review regulatory agency rulings 12 U.S. courts of appeals, geographic area called a

circuit

13 TH court, Court of Appeals for the Federal Circuit, nation wide jurisdiction (patent law, international trade)

How Federal Courts Are Organized

 Appeals courts do not hold trials Decide appeals in one of 3 ways 1.

2.

uphold the original decision, reverse the decision, 3.

    remand the case where it must be tried again Panel of 3 or more judges review case, listen to arguments Announcing the Decision One judge writes an opinion (a detailed explanation behind the decision) Sets a precedent for all courts, gives guidance to other judges hearing similar cases

How Federal Courts Are Organized

Selection and Tenure of Federal Judges   President appoints Federal judges, share his opinion on politics and issues Gives president opportunity to affect country after he leaves office    Have to be approved by Senate Appointed for life Judge only removed through impeachment, allows judges to make decisions knowing job is safe

How Federal Courts Are Organized

Other Court Officials  Magistrate Judges: issue court orders, hear preliminary evidence, decide whether case should go to trial, whether accused should be held or released    U.S. Attorneys: gov’t lawyers, prosecute people accused of breaking federal laws, represent U.S. in civil cases; appointed to 4 year terms by president Report to Attorney General U.S. Marshals: make arrests, collect fines, take people to prison, protect jurors, keep order in courts, serve legal papers including subpoenas

The United States Supreme Court

 A.

B.

    Supreme Court has original jurisdiction in only two instances: cases involving diplomats from foreign countries, cases which state is involved All other cases come from appeals from lower federal courts When it refuses to hear a case, decision from lower court upheld 8 associate justices led by a chief justice Main duty is to hear and rule on cases

United States Supreme Court

The Supreme Court Justices 

Selection of Justices

    President appoints Supreme Court justices, with consent of Senate Chosen based on political views and motives, receive help from justice department Senate has rejected many presidential nominees, doubts on the candidate’s qualification (1 in 5)

Background of the Justices

   Always lawyers, been successful judges or lawyers First African American justice Thurgood Marshall (1967) First female justice Sandra Day O’Connor (1981)

United States Supreme Court

        Judicial Review Main job of Court- decide whether laws or actions by gov’t officials are constitutional Judicial review, power to say whether any federal, state, or local law against the Constitution Constitution does not give court power of judicial review Court claimed power Marbury v Madison case (1803) Question over judges appointed by Adams at the end of his term Marbury took case to Supreme Court Chief Justice Marshall ruled Marbury’s claim was valid (ruled that Judiciary Act gave the court powers it shouldn’t have and Marbury lost his case)

United States Supreme Court

1) Three important principles of judicial review: Constitution is the supreme law of the land 2) 3) Conflict between the Constitution and any other law, Constitution rules The judicial branch has duty to uphold the constitution 4)  Decision helped make the judicial branch equal in power to executive and legislative branches Supreme Court also interprets language of the law

United States Supreme Court



Limits on the Courts’ Power

 1.

 Checking the Court Presidents are supposed to follow the court’s decisions but this has not always happened

In Worcester v. Georgia (1832)- Jackson refused to carry out Supreme Court decision

2.

3.

4.

Congress can get around Supreme Court ruling passing new law, changing a law deemed unconstitutional President can also keep the Court in check by appointing people to the court who will work with him Tries to stay away from political questions

Deciding Cases at the Supreme Court

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How Cases Reach the Court Acceptance

Supreme Court meets October -July Each month justices spend 2 weeks listening to oral arguments, 2 weeks in recess (writing opinions, studying new cases Most cases the Supreme Court receives are appeals from lower federal court and state courts 7,000 cases to review a year Only select those that 4 of 9 justices agree to review; accepted cases go on the court docket, or calendar Justices give a higher priority to the cases that involve constitutional issues, civil liberties, cases that affect the entire country

Deciding Cases at the Supreme Court

1)

2) 3)



Written Arguments

Brief (written document explaining side) submitted by each side that the justices will study

Oral Arguments

 30 minutes given to each side to summarize the case, judges often ask questions

Conference

 Fridays – secret meetings (no one else is there, and no minutes kept) – justices debate the case and decide on where they stand

Deciding Cases at the Supreme Court

4) 5)

  

Opinion Writing

• • Opinion states facts and reasoning for the decision Set a precedent for lower courts to follow • Chief Justice determines who will write the opinion, written opinion sets a precedent for future cases, communicates Court’s views to the public Majority Opinion Dissenting Opinion Concurring Opinion  

Announcement

Announced after the opinion writing is completed. Printed and given to the press and on the court’s website

Reasons for Court Decisions

        The Law Stare decisis (let the decision stand) following precedent, makes law predictable Law can be flexible, courts can overrule outdated precedent Court decisions can clarify meaning of Constitution Social Conditions As society changes court makes changes in the law 1890’s Plessy vs. Ferguson; 1954 Brown vs. Board of Education Two different interpretations of the 14 th Amendment

Reasons for Court Decisions

      Legal Views Judges have varying views on role of courts Some judges active- want to hear many types of cases Others hesitant to use court to promote new ideas and policies Personal Beliefs Judges have different experiences that affect their viewpoints