The Judicial Branch Chapter 18. Part 1 What is the US Court System?

The Judicial Branch

Chapter 18

Part 1

What is the US Court System?

Basic Vocabulary• Jurisdiction: the limits or territory within which authority

may be exercised • Circuit: The area or district covered under the jurisdiction

of a judge • Plaintiff: person who files the suit• Defendant: person whom the complaint is against• Docket: list of cases to be heard in a court• Appeals: The transfer of a case from a lower to a higher

court for a new hearing• Habeas Corpus: “unlawful detention” a person under arrest

must be seen by a judge.• Writ: Legal action

Types of Jurisdiction

• Exclusive:– Cases only heard in

either the State or Federal Courts

• Concurrent:– Cases that can be heard

in either the State or Federal Courts

• Original: – The court in which a

case is first heard

• Appellate:– A court that hears a case

on appeal from a lower court

2 Separate Court systems in the US

National/Federal

120 Courts throughout the Country

State

Each state has their own system

They hear most of the cases

Federal vs. State Jurisdiction State Federal

• Cases involving state laws• Family law issues• Real property issues• Most private contract disputes• most professional malpractice issues• most personal injury lawsuits• Most workers’ injury claims• Probate and inheritance matters• Most traffic violations and registration of vehicles

•Crimes under statuses enacted by congress•Most cases involving federal laws•Matters involving interstate and international commerce•Cases involving securities and commodities regulations•Patent, copyright and other intellectual property issues•Cases involving rights under treaties•Bankruptcy matters•Disputes between states•Habeas Corpus actions•Traffic violations on certain federal properties

Federal Courts broken down further

Supreme Court (Created by the Constitution

Inferior Courts (Created by Congress)

Constitutional Courts Special Courts

Constitutional Courts

• Federal courts that Congress has formed under Article III

• “Judicial Power of the United States”• Includes:– 94 District Courts– 12 US Courts of Appeals– US Courts of Appeals for the federal Circuit– US Court of International Trade

Special Courts

• Created to hear cases arising out of the expressed powers of congress

• More narrow range• Includes:– US court of Federal claims– Territorial Courts– Courts of DC– US Tax Court– US Court of Appeals for Armed Forces– US Court of Appeals for veterans claims

Part 2

Judges

Basics

• Why does the Judicial branch need to be more or less independent from political parties?

• President with the Senates help chooses federal judges– Usually whomever the Senate from the state where

the judge will serve is nominated• Anyone can be chosen– Usually: lawyer, legal scholars, law school professors,

former members of congress, state court judges

Two types of judges

• Judicial activists:– Believe they should use their position to promote

desirable social ends• Judicial restraint:– Believes in making decisions judges should defer

to the actions of the executive and legislative branch

Terms

• Supreme Court Justices serve for life– Removed by impeachment

• Constitutional Court Justices serve for life– Removed by impeachment

• Special Court Judges serve for a certain term length

Court Officers

• Judge: – With clerks, bailiffs, court reporters etc

• Magistrate:– Appointed by district court judge (400)– 8 year term– Do smaller things that the judge doesn’t have time for

• Bankruptcy Judge:– Each federal district has at least 1 (350)– 14 year term

• US attorney:– President and Senate appoints 1 for each district– The Government’s prosecutor

Part 3

Inferior Courts

Federal District Courts300,000 cases a year

Federal Courts of Appeals55,000 cases a year

US Supreme Court100 cases a year

8000cases

1. The District Courts

• Created by the Judicial act of 1789

Federal Judicial Districts

• 89 Federal Judicial Districts – Each state has at least 1– A district may have several judges

• Cases are heard by either 1 judge or a 3 judge panel

• Original Jurisdiction over most federal cases – Both criminal and civil cases

• If appealed it goes to the court of appeals for that judicial circuit

2. The Courts of Appeals

• Created by Congress in 1891– Used to relieve some of the burden on the Supreme

Court (gatekeepers)• 12 courts of appeal– Judicial Circuits

• 179 judges and a Supreme Court Justice is assigned to one of the circuits– 3 judge panel (sometimes all of them)

• Decisions are final unless the Supreme Court decides to hear the case

US Supreme Court

• 94 District Courts• Courts of DC

• Territorial Courts• US Tax Courts

12 US Courts of Appeals

Appeals from Highest State

Courts

US Court of Appeals for the Armed Forces

Military Courts

US Court of Appeals for the Federal

Circuit

• US Court of International Trade

• US Court of Federal Claims

• US Court of Appeals for Veterans Claims

Other Constitutional Courts

• Court of International trade– 9 judges – Civil cases from tariffs and other trade issues

• Court of Appeals for the Federal Circuit– 12 judges – Nationwide jurisdiction

Part 4

The Supreme Court

Basics

• Only court specifically created by the Constitution

• Judicial Review– The deciding if something is constitutional or not– Marbury v. Madison

John Roberts• Chief Justice since 2005

•Appointed by George W. Bush• US Court of Appeals for DC

Clarence Thomas• Associate Justice since 1991•Appointed by George H. W. Bush• US Court of Appeals for DC

Ruth Bader Ginsburg• Associate Justice since 1993• Appointed by Bill Clinton• US Court of Appeals for DC

Stephen Breyer• Associate Justice since 1994• Appointed by Bill Clinton

•US Court of Appeals for the 1st Circuit

Anthony Kennedy• Associate Justice since 1988• Appointed by Gerald Ford

• US Court of Appeals for the 9th Circuit

Samuel Alito• Associate Justice since 2006•Appointed by George W. Bush•US Court of Appeals for the 3rd

Circuit

Sonia Sotomayor• Associate Justice since 2009• Appointed by Barack Obama• US Court of Appeals for the

2nd circuit

Elena Kagan• Associate Justice since 2010• Appointed by Barack Obama• Solicitor General of the US

Antonin Scalia• Associate Justice since 1986• Appointed by Ronald Reagan• US Court of Appeals for DC

Jurisdiction

• Both appellate and original jurisdiction– Most are appellate

• 2 types of cases can be heard as original jurisdiction– Those in which the state is the party– Those affecting ambassadors, or other public

ministers and consuls

The Rule of Four

• How they choose cases to hear– At least 4 of the 9 Justices must agree that the

case should be put on the docket• Most cases reach the Supreme Court by – Writ of Certiorari – An order by the court directing the lower court to

send up the record in a given case for its review • Most writ are denied by the Sfupreme Court

How the Supreme Court Operates

1. The Supreme Court accepts a case and sets a date– 2 week cycles• Hear cases for two weeks and then recess to consider

the cases for two weeks

– Oral arguments• Limited to 30 minutes• Briefs: written documents filed before the oral

arguments

2. Solicitor General: The Attorney for the US

3. Conference– Consider the Cases they heard– Chief Justice in charge

4. Opinion– After a vote and decision is made it is written in

the form of an opinion– Chief Justice assigns who writes the courts opinion

Types of Opinions

• Majority Opinion:– This is the opinion of the court.– The Ruling– Precedents: examples for lower courts

• Concurring Opinion:– Add or emphasize a point from the Majority Opinion

• Dissenting Opinion:– Written by those Justices who don’t agree with the

Majority

Part 5

Rights of the Accused

• “It is better that ten guilty persons go free than that one innocent person be punished”

• Any person who is suspected or accused of a crime is innocent until proven guilty

• To make sure this happens an accused person has a number of rights: – Habeas Corpus– Bills of Attainder – Ex Post Facto – Grand Jury– Double Jeopardy– Speedy and Public Trial– Trial By Jury– Right to an Adequate Defense– Self -Incrimination

1. Habeas Corpus

• Prevent unjust arrests and imprisonments• Person must be taken before the court and

just cause must be shown why they are being accused

• Lincoln suspended the Writ of Habeas Corpus in 1861– Taney: Unconstitutional– New law: Habeas Corpus Act– 1866: Unconstitutional again

2. Bills of Attainder

• A legislative act that inflicts punishment without a court trial– Neither Congress nor the States are allowed to do

this• Legislative branch can define laws but not

declare someone guilty– Keeps people from being punished without a trial

3. Ex Post Facto Laws

• A law passed after the fact– A criminal law, one defining a crime or providing

for its punishment– Applies to an act committed before its passage– Works to the disadvantage of the accused

• Neither Congress nor States can pass such laws

4. Grand Jury

• The formal device by which a person can be accused of a serious crime

• 16-23 people with a vote of 12 to bring and indictment– Indictment: a formal complaint that the

prosecutor lays before a grand jury• Only the prosecution is present• Protect the accused from over zealous

prosecutors

5. Double Jeopardy

• Once a person has been tried for a crime they cannot be tried again for the same crime – Exception Federal vs state– If it is a hung jury

• Protect the accused from having to go back to trail over and over again

6. Speedy and Public Trial

• The government will try someone without undue delay and it a public trial

• Protects the accused from– Being arrested and sitting in jail for years with no

idea when your trial will be– The government doing something shady and not

being held accountable• Can’t be too speedy or too public

7. Trial by jury

• Impartial jury• Trial jury is often called a petit jury• The trial is held where the accused did the

crime• Defendant may request a bench trial– No jury only the judge hears the case

8. Right to an adequate defense

• The accused has the right to the best possible defense that circumstances will allow

• Defendants have the right to– Be informed of the nature and cause of the

accusation– To be confronted with the witnesses against him– To have compulsory process for obtaining

witnesses in his favor– To have the Assistance of counsel for his defense

9. Self-Incrimination

• No person can be compelled in any criminal case to be a witness against himself

• The prosecution has the burden of proof in criminal cases

• Miranda v. Arizona– Right to remain silent– Anything you say may be used against you– Right to an attorney– One will be provided if they can’t afford it– May end police questioning at any time

Part 6

Almost finished

You must know judicial review!!!!

• Constitutionality• Marbury vs. Madison

You must know Due Process

• The Federal Government cannot deprive any person of “life, liberty, or property, without due process of law.” 5th amendment

• 14th amendment puts the same restrictions on States and Local Governments

• Due process is defined on a case by case basis