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Federal JudiciaryFederal Judiciary
Lesson 12Lesson 12
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Role of the CourtsRole of the Courts
What is the role of courts - resolve What is the role of courts - resolve political issues?political issues?
Presidential electionPresidential electionPower of the President in Time of war Power of the President in Time of war
- Rights of Detainees- Rights of DetaineesShivo Case – the right to dieShivo Case – the right to dieSame Sex MarriageSame Sex Marriage
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Common LawCommon Law
1. Basis of our system: English legal 1. Basis of our system: English legal systemsystem
Judge/Case made tradition – Judge/Case made tradition – Common LawCommon Law
Precedent – stare decisis follow Precedent – stare decisis follow prior caseprior case
Predictable, efficient, stablePredictable, efficient, stable
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American LawAmerican Law
1. Constitutions (federal and state)1. Constitutions (federal and state)2. Statutes & Administrative 2. Statutes & Administrative
RegulationsRegulations3. Case Law (appellate cases)3. Case Law (appellate cases) The interpretations of the The interpretations of the
constitutions, statutes & constitutions, statutes & administrative regulations, both administrative regulations, both federal and statefederal and state
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JURISDICTIONJURISDICTION
A Dual Court System – federal & A Dual Court System – federal & statestate
each with trial courts and appellate each with trial courts and appellate courtscourts
Jurisdiction of a courtJurisdiction of a courtAuthority of this court to hear this caseAuthority of this court to hear this case(Marbury v. Madison, 1803) Supreme (Marbury v. Madison, 1803) Supreme
Court original jurisdiction set by the Court original jurisdiction set by the ConstitutionConstitution
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Federal Court SystemFederal Court System
1. Federal Jurisdiction (basic to all 1. Federal Jurisdiction (basic to all cases)cases)
a. A federal question: U.S. a. A federal question: U.S. Constitution, federal law or treaties.Constitution, federal law or treaties.
b. Diversity Jurisdiction: citizens of b. Diversity Jurisdiction: citizens of different states different states andand $75,000.00; $75,000.00; foreign nation or individual.foreign nation or individual.
c. c. Standing to sueStanding to sue: real harm to the : real harm to the person bringing suit!person bringing suit!
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Federal CourtsFederal Courts
1. U.S. District Court: trial court, at least 1. U.S. District Court: trial court, at least one per state (CA has 4) N, S, C, E.one per state (CA has 4) N, S, C, E.
2. U.S. Courts of Appeals: appellate 2. U.S. Courts of Appeals: appellate courts for 12 circuits; 13courts for 12 circuits; 13thth Circuit in Circuit in Washington, DC. Panel of judges Washington, DC. Panel of judges review for review for legallegal error. error.
3. U.S. Supreme Court: hears appeals 3. U.S. Supreme Court: hears appeals from both state and federal courts; nine from both state and federal courts; nine (9) justices(9) justices
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Other Federal CourtsOther Federal Courts
1. Foreign Intelligence Surveillance Act 1. Foreign Intelligence Surveillance Act of 1978 (FISA Courts) secret issue of 1978 (FISA Courts) secret issue warrantswarrants
2. Anti-Terrorist and Effective Death 2. Anti-Terrorist and Effective Death Penalty Act of 1996 (deportations)Penalty Act of 1996 (deportations)
3. Tax Court, Court of Claims, 3. Tax Court, Court of Claims, Bankruptcy, Patent Court, Court of Bankruptcy, Patent Court, Court of Federal Claims, etc.Federal Claims, etc.
(courts with limited jurisdiction)(courts with limited jurisdiction)
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LitigationLitigation
Plaintiff/DefendantPlaintiff/DefendantCross Complainant/Cross DefendantCross Complainant/Cross Defendant InterpleaderInterpleaderAmicus CuriaeAmicus CuriaeClass-ActionsClass-ActionsCivil contempt – criminal contemptCivil contempt – criminal contempt
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The Supreme CourtThe Supreme Court
1. First Monday in October to late June1. First Monday in October to late June2. Decide what cases to review, 2. Decide what cases to review,
schedule oral argument, read briefs, schedule oral argument, read briefs, meet in conference, draft opinions, final meet in conference, draft opinions, final opinion.opinion.
3. Areas free speech, civil rights, states 3. Areas free speech, civil rights, states rights, capital punishment, abortion, rights, capital punishment, abortion, privacy, school integration, term limitsprivacy, school integration, term limits
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TodayToday’’s Courts Court
John G. Roberts, Jr.John G. Roberts, Jr.Antonio Scalia; Anthony M. Kennedy; Antonio Scalia; Anthony M. Kennedy;
Clarence Thomas; Ruth Bader Clarence Thomas; Ruth Bader Ginsburg; Steven G. Breyer; Samuel Ginsburg; Steven G. Breyer; Samuel A. Alito, Jr., Sonia Sotomayor; Elena A. Alito, Jr., Sonia Sotomayor; Elena KaganKagan
http://www.supremecourtus.gov/http://www.supremecourtus.gov/
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Supreme CourtSupreme Court
Original Jurisdiction – as a trial court Original Jurisdiction – as a trial court under the Constitution, art. 3, under the Constitution, art. 3,
sec. 2sec. 2
1. A state is a party1. A state is a party2. Affecting foreign diplomats2. Affecting foreign diplomatsCan not be expanded by CongressCan not be expanded by Congress
Number of cases decided each year??Number of cases decided each year??
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Selection of CasesSelection of Cases
1. Subjective (rule of 4)1. Subjective (rule of 4)2. Factors:2. Factors: a. Two lower courts disagreea. Two lower courts disagree b. Lower court in conflict with b. Lower court in conflict with
SupremeSupreme c. Case of significancec. Case of significance d. Substantial federal questiond. Substantial federal question e. State court interpretations of e. State court interpretations of
federal lawfederal law
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Selection of CasesSelection of Cases
f. Constitutional issues in federal f. Constitutional issues in federal courtscourts
g. Actions by the Solicitor Generalg. Actions by the Solicitor General3. Opinions (a statement of the 3. Opinions (a statement of the
decision)decision) Majority AffirmMajority Affirm Dissenting ReverseDissenting Reverse Concurring RemandConcurring Remand
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Judicial AppointmentsJudicial Appointments
1. Who are they?1. Who are they?2. Senatorial Courtesy (veto - gone)2. Senatorial Courtesy (veto - gone)3. Political patronage of the President3. Political patronage of the President political party and political political party and political
philosophyphilosophy4. Senate confirmation (committee 4. Senate confirmation (committee
review and the importance of the review and the importance of the court)court)
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Judicial ConfirmationJudicial Confirmation
1. Confirmation more difficult since 1. Confirmation more difficult since the rejection of Robert Bork in 1987.the rejection of Robert Bork in 1987.
2. Politics has always played a major 2. Politics has always played a major role in approvalrole in approval
3. Most are confirmed without much 3. Most are confirmed without much dispute.dispute.
4. Those with strong ideological 4. Those with strong ideological commitments experience difficulty.commitments experience difficulty.
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Importance of the CourtImportance of the Court
1. Judicial Review1. Judicial Review Constitutionality of both federal Constitutionality of both federal
and state laws, & actions of the and state laws, & actions of the President or the CongressPresident or the Congress
2. Activism v. Restraint2. Activism v. Restraint3. Strict v. Broad Construction3. Strict v. Broad Construction4. Liberal v. Conservative4. Liberal v. Conservative
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Checks on the CourtChecks on the Court
A. Executive Checks: A. Executive Checks: Power of enforcementPower of enforcement Power of appointmentPower of appointmentB. Congressional PowerB. Congressional Power Propose Constitutional Propose Constitutional
AmendemntsAmendemnts Draft new laws around the CourtDraft new laws around the CourtC. Public OpinionC. Public Opinion
Ignore or not enforceIgnore or not enforce
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Checks on the CourtChecks on the Court
D. CitizensD. Citizens Selection of the PresidentSelection of the President Affect of the MediaAffect of the MediaE. Lower CourtsE. Lower Courts Limit scope of decisionsLimit scope of decisions
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Other ItemsOther Items
Writ of CertiorariWrit of CertiorariExtraordinary Petition to the Extraordinary Petition to the
Supreme Court to review a case – Supreme Court to review a case – most often deniedmost often denied
Class actionsClass actionsA certified group action – each A certified group action – each
member bound by the result, but can member bound by the result, but can elect not to be a part of the Classelect not to be a part of the Class