The Court System. The US Federal Court System The Current Supreme Court The court has final authority on cases involving the constitution, acts of Congress,

The Court System

The US Federal Court

System

The Current Supreme Court

The court has final authority on cases involving the constitution, acts of Congress, and treaties.

Eight associate justices and one chief justice make up the supreme court.

•The president appoints Supreme Court justices, with Senate approval. The president's decision may be influenced by the Justice Department, American Bar Association, interest groups, and other Supreme Court justices.

Background of the Supreme Court

1789 -The Judiciary Act of 1789 established a 3-level structure of federal court system Supreme Court Court of Appeals District Courts

--First Chief Justice John Jay

Background of the Supreme Court

1800--John Marshall was appointed Chief Justice (1801-1835)

Marbury v. Madison established Judicial Review

Marshall made the Supreme Court a powerful force in government

The court could now influence Congress and the President

The Supreme Court

Qualifications There are no Constitutional requirements or

qualifications No professional requirements

The Supreme Court

Size The Constitution does not set a size for the Supreme

Court The number is set by Congress The Judiciary Act set the number at 6 we have 9 Supreme Court Justices Justices can be impeached for high crimes and

misdemeanors

The Supreme Court

Terms Term begins on the first Monday in October Justices hear cases throughout the year until summer

recess (last week in June) Justices serve on the bench for life

The Supreme Court

Appointments Justices and the Chief Justices are appointed by the

President and approved by the Senate because they serve long terms they can influence

national policy for years after the president leaves

The Supreme Court at Work

Purpose of the Court The Supreme Court is an appeals court reviewing

cases that have been tried and appealed in lower courts

They have Original Jurisdiction in Diplomatic representatives Disputes between states Disputes between states and the federal government

The Supreme Court at Work

How does a case get through the Courts1. File Briefs-arguments by both sides2. Oral Arguments-approximately 30min.- justices may interrupt

and ask questions3. Conference-justices meet in private Conference twice a week

to discuss cases4. Prepare opinions-preparing opinions

1. Majority opinion-views of the majority2. Concurring opinion-agree with the outcome, but for different reasons3. Dissenting opinion -disagrees with the majority**They rarely reverse other decisions because of stare decisis -upholding

precedents--legal principle by which judges are obliged to respect the precedents established by prior decisions.

5. Decision is announced

The Lower Courts of the Federal System

Role of the Courts Resolving disputes- only people who suffer injury can

bring suit Setting precedents- the courts rule on specific cases,

but their decisions can be much broader and have far-reaching consequences

Interpreting the law- strict v. loose strict constructionist- laws and the Const. should be

strictly interpreted loose constructionist- Const. and other laws must be

interpreted in light of current political and social conditions

The Lower Courts of the Federal System

Lower Court Organization Congress is given the power to set up a system of

federal courts under the Judiciary Act of 1789 District Courts

Trial courts of the federal system Handle disputes based on facts

Courts of Appeals Handles appeals from US district courts There are 13 US. Court of Appeals each handle an area

called a circuit They do not review the facts, only issues of law Decisions are made based on written information; they

do not hold separate trials

The Lower Courts of the Federal System

Federal judges Federal judges serve for life Federal judges are appointed by president and

approved by Senate Most appointments are made to district courts

because there are so many

The Adversarial System

Courts settle civil disputes between private parties, a private party and the government, or the United States and a state or local government.

Each side presents its position. The court applies the law and decides in favor of one or the other.

Prosecuting the accused

Courts also hold criminal trials for people accused of crimes.

Witnesses present evidence and a jury or a judge delivers a verdict of guilt or innocence.

Rights of the Accused

All accused people have the right to a public trial and a lawyer. If they cannot afford a lawyer, the court will appoint and pay for one. (Gideon v. Wainwright, 1963)

Accused people are considered innocent until proven guilty. They may ask for a review of their case by a higher court if they think thecourt has made a mistake. This review is called an appeal.

The American Legal System

The goal of the legal system is equal justice under the law.

This goal is difficult to achieve.Why is the goal of equal justice under the law

difficult to achieve?

U.S. District CourtsDistrict courts are the

federal courts where trials are held and lawsuits are begun.

All states have at least one.

For all federal cases, district courts have original jurisdiction, the authority to hear the case for the first time. • District courts hear both civil and criminal

cases.• They are the only federal courts that involve

witnesses and juries.

U.S. Courts of Appeals

People who lose in a district court often appeal to the next highest level—a U.S. court of appeals.

Appeals courts review decisions made in lower district courts. This is appellate jurisdiction—the authority to hear a case appealed from a lower court.

The US Circuit Court of Appeals

Each of the 12 U.S. courts of appeals covers a particular geographic area called a circuit. A thirteenth appeals court, the Court of Appeals for the Federal Circuit, has nationwide jurisdiction.

Appeals courts do not hold trials. Instead, a panel of judges reviews the case records and listens to arguments from lawyers on both sides.

The judges may decide in one of three ways: uphold (AGREE) the original decision, reverse (disagree) the decision, or remand the case—send it back to the lower court to be tried again.

The Supreme Court Justices The main job of the nation's top

court is to decide whether laws are allowable under the Constitution.

The Supreme Court has original jurisdiction only in cases involving foreign diplomats or a state. All other cases come to the Court on appeal.

The Court chooses the cases it hears through the writ of Certiorari- an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review.

The Court chooses the cases it hears. In cases the Court refuses to hear, the decision of the lower court stands.

Limits on the Courts' PowerThe Court depends on the executive branch and state

and local officials to enforce its decisions. Usually they do.

Congress can get around a Court ruling by passing a new law, changing a law ruled unconstitutional, or amending the Constitution.

The president's power to appoint justices and Congress's power to approve appointments and to impeach and remove justices serve to check the power of the Court.

The Court cannot decide that a law is unconstitutional unless the law has been challenged in a lower court and the case comes to it on appeal. The Court accepts only cases that involve a federal question. It usually stays out of political questions. It never considers guilt or innocence.