Chapter 11

Federal Courts

Jurisdiction

U.S. judiciary is a parallel system of courts, which are referred to as federal and state courts . Each state has its own court system

Civil v. Criminal :

Civil – dispute among individuals or between individual and the government Criminal – the state brings charges against an individual for violating the law

Federal Courts

Constitution.

-The Supreme Court is only court mentioned in Article III of the US

Federal Courts jurisdiction

       Ambassadors & other representatives of foreign governments Two or more state governments The U.S. government(or one of its offices or agencies Ex. FCC) Citizens of different states A state and a citizen of a different state Citizens of the same state claiming lands under grants of different states.

A state or its citizens and a foreign country or its citizens.

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Jurisdiction

The power of a court to hear a case

Concurrent ◦ Both federal and state courts have jurisdiction ◦ For example- a case involving citizens of different states in a dispute concerning at least $50,000. A person may sue in either federal or state court. If the person being sued insists, however, the case may be tried in a federal court.

Original ◦ The court in which the case is originally tried (trial court) ◦ the trial to determine guilt or innocence ◦ District courts Appellate ◦ Authority to appeal a case that is appealed from a lower court ◦ a review of a previous trial to determine if the law was properly upheld ◦ Supreme Court may be asked to rule on the correctness of the decision

Supreme Court: Landmark Rulings-Need to know and be able to distinguish between the following cases for the test. Please use your textbook to get more detail on these cases. Pgs. 754-768 Gibbons V. Ogden -Made it clear that the authority of Congress to regulate interstate commerce. This case says that only Congress can regulate commercial activity that has both intrastate and interstate dimensions.

Plessy V. Ferguson -Separate but equal Brown V. Board of Education - Overturned Plessy case Miranda V. Arizona – A person cannot be questioned unless told that he or she has been read their rights.

Schenck V. United States – Limits some rights under protected speech. Ex. ”clear and present danger” Korematsu V. United States – Upheld the federal government’s authority to exclude Japanese Americans

Supreme Court: Landmark Rulings-Need to know and be able to distinguish between the following cases for the test.

Gideon V. Wainright – poor defendants in criminal cases have the right to state-paid attorney under the 6 th Amendment Dred Scott V. Sanford (14 th – Determined slaves were property, not a citizens, and thus had no rights under the Constitution. Amendment ends this precedent.) McCulloch V. Marland do. – established the foundation for the expansive authority of Congress. The Supreme Court held the necessary and proper clause allows Congress to do more than the Constitution expressly authorizes it to Miller V. California -established the test for determining if a book, movie, television program, etc is obscene and thus unprotected by the 1 st amendment.

Marbury V. Madison -Power of the court to decide if actions of other two branches are constitutional. (see next slide)

Marbury v. Madison

 As President Adam’s term expired in 1801, Congress passed a bill giving the president a chance to appoint 42 justices of the peace in the District of Columbia. The Senate quickly confirmed the nominees. The secretary of state had delivered all but 4 of the commissions to the new officers by the day Jefferson came into office. Jefferson in one of his first acts as president, stopped the delivery of the remaining commission. William Marbury did not get his commission and filed suit under the Judiciary Act of 1789. The court heard the case in 1803. Chief Justice John Marshall announced the ruling the Marbury’s rights had been violated. However, Marshall said the Judiciary Act of 1789 had given the court more power than the Constitution had allowed. Therefore, the Court could not, under the Constitution, issue a force delivery of the commission. The chief justice had secured for the Court the power to review acts of Congress the power of Judicial Review. This is the ability to determine if a law is constitutional or not. Usually the court upholds most laws.

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Lower Courts-Section II Constitutional vs. Legislative Courts

Constitutional Courts

are: ◦ -established by Congress under the provisions of Article III of the U.S. Constitution. They Federal District Courts, Federal Court of Appeals & The Court of International Trade.

Handle federal civil cases and criminal cases, appeals for such cases, and cases involving tariffs 

Legislative Courts

◦ Deal with matters involving congressional matters ◦ U.S. Court of Federal Claims, United States Tax Court, U.S. Court of Appeals for the Armed Forces, Territorial Courts, Courts of the District of Columbia and the Court of Veterans’ Appeals.

Federal District Courts

     1789 Congress created one FDC for each state….currently 94 districts with each state having at least one district court. ◦ B/C population & workloads have increased Original Jurisdiction Nearest Federal District Courts ◦ ◦ ◦ Sherman Tyler Plano – Bankruptcy Courts 95% of cases end here FDC are trial courts for both criminal and civil cases ◦ Use 2 types of juries in criminal cases: ◦ Grand jury evidence to bring the person to trial. Usually 12-23 people (Criminal Cases Only) The issue and crime.

-hears charges against a suspect and decides if there is sufficient

indictment

-a formal accusation charging a person with a ◦ Petit jury -the trial jury, 6 to 12 people. Weighs the evidence and renders a verdict

CIRCUIT COURTS U.S. COURTS OF APPEALS Appellate Jurisdiction 13 Circuits created by Congress in 1891

United States Federal Court Districts for the State of Texas

Federal Courts of Appeals

  ◦ Created in 1891 to ease the workload on the Supreme Court 13 US courts of appeals 1 appellate court for each region & 13 th court appeals court w/ national jurisdiction • 12 Courts across the United States (hear appeals from Constitutional Courts) and 1 U.S. Court of Appeals for the Federal Circuit (hears appeals from Legislative Courts) • • • Texas is in the 5 th Appellate District in New Orleans 6 to 28 judges are assigned to each court. They usually sit in panels of three   Decisions by this court is final unless overruled by the US Supreme Court ◦ ◦ ◦ Deciding on appeal These judges do not decide guilt or innocence – they decide on questions of law Uphold original decision Reverse the decision Send the case back to the lower court to be tried again

Court of International Trade

   Jurisdiction over cases dealing with tariffs ◦ High tariffs National court – NYC Circuit Court of Appeals for the Federal Circuit hears appeals from this court

Legislative Courts

      U.S. Claims Court ◦ Handles claims against the government for money damages U.S. Tax Court ◦ Settles disputes involving payment of federal taxes Court of Military Appeals ◦ Hears appeals of convictions under military la Territorial Courts ◦ Act as district courts for U.S. territories Courts of the District of Columbia ◦ Act as the court system for the nation’s capital Court of Veterans’ Appeals ◦ Hears appeals of decisions involving veterans’ claims

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Federal Judges

Qualifications ◦ Constitution gives no qualifications President favors judges who belong to political party and share own points of view

Senatorial courtesy

-a president submits the name of a candidate for judicial appointment to the senators from the candidate’s state before formally submitting it for full Senate approval. If either or both senators oppose the president’s choice, the president usually withdraws the name and nominates another candidate.

# of women and minorities have increased All Federal judges are appointed by the President and confirmed by the Senate Serve for life (during good behavior) Leave the bench by voluntary resignation, retirement, death or impeachment Term begins: October 1 st and usually end the following June

The Supreme Court

    The Supreme Court has final authority in any case involving the Constitution, acts of Congress, and treaties with other nations.

Most of the cases heard by the Supreme Court are appeal cases from lower courts of appeals (99%)

The only court mentioned in the U.S. Constitution The Court of Last Resort

Supreme Court powers

     Interpret the Constitution ◦ The Constitution and other federal laws are referred to as “the supreme law of the land” Determine the constitutionality of state laws Uphold regulatory laws Protect civil liberties Influence public policy

U.S. SUPREME COURT

(only court mentioned in the Constitution) 

Jurisdiction

Original

 Ambassadors  Those in which a state shall be a party

Appellate – 99% of the cases

 7,000/year – 75 - 100 heard

   Located in Washington D.C.

9 Justices ◦ ◦ All Federal Judges ◦ Appointed by the President & approved by the Senate No qualifications : “shall hold office during good behavior” May be impeached ◦ The U.S. Constitution sets their term of office for supreme court justices for life ◦ Congress sets the salary ◦ Current (2010) salary for the Chief Justice is $223,500 per year, while the Associate Justices each make $213,900.

  Final Authority on the Constitution Supreme Court Justices have to decide: ◦ Which cases to hear “Rule of Four” Four justices must agree to hear a case in order for it to go before the court.

◦ The case itself ◦ Written explanation of the decision

Supreme Court Justices 2010

The current United States Supreme Court , the highest court in the United States , in 2009. Top row (left to right): Associate Justice Samuel A. Alito , Associate Justice Ruth Bader Ginsburg , Associate Justice Stephen G. Breyer , and Associate Justice Sonia Sotomayor . Bottom row (left to right): Associate Justice Anthony M. Kennedy , Associate Justice John Paul Stevens , Chief Justice John G. Roberts , Associate Justice Antonin G. Scalia , and Associate Justice Clarence Thomas .

2012 U.S. Supreme Court

Chief Justice

John Roberts

Associate Justices

Antonin Scalia Anthony Kennedy Clarence Thomas Ruth Bader Ginsburg stephen Breyer Samuel Alito Sonia Sotomayor Elena Kagan

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The Supreme Court

Characteristics of Justices They usually have a law degree and experience State or federal judge at one time In their 50’s when appointed Wealthy  ◦ ◦ Justices hire law clerks to help them with their workload. They… ◦ Read all appeals filed ◦ Summarize the key issues of the case Do research and help write court opinions Timeline of the justices http://www.supremecourt.gov/about/memb ers.aspx

STATE COURTS

State courts handle all matters not subject to federal jurisdiction.

NOTE:

All judges are elected in Texas, except municipal judges

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MUNICIPAL (City) AND COUNTY COURTS

Local Courts: -Municipal Court: city ordinance and traffic violations - Justice Court: civil cases of less than $5,001 and criminal misdemeanors punishable by fine only County Court: probate (wills), juvenile matters, civil cases of up to $100,000, and misdemeanors with fine greater than $500 or jail sentence

STATE DISTRICT COURTS

• Have original jurisdiction – with a trial and jury Felony criminal cases, civil cases dealing with more than $200, family and juvenile court.

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STATE COURT OF APPEALS (14)

Criminal & Civil An appellate court does not deal with new evidence and there is no jury. They address any legal problems that might have occurred in the jury trial.

HIGH COURTS IN TEXAS

TEXAS SUPREME COURT Civil cases only TEXAS COURT OF CRIMINAL APPEALS Criminal cases only (Hears direct appeals from District Court of all Death Penalty cases) ***From these highest state courts, one can appeal to the U.S. Supreme Court. ***

Left Side U. S. Court Structure Right Side

U. S. Supreme Court Texas Supreme Court Texas Court of Criminal Appeals State Court of Appeals U. S. Circuit Courts U. S. District Courts State District Court City & County Courts