Chapter 13Federal and State Federal and State Courts SystemsCourts Systems

The Role of the Judicial Branch

To interpret and define law This involves hearing

individual cases and deciding how the law should apply

Remember federalism – there are federal courts for federal law, and state courts for state laws!

Two basic types of Cases 1) Criminal Law An individual is

charged with violating a specific law and provides punishment for that law

Felony (penalty over 1 year jail time) and Misdemeanor (less than 1 year jail time)

98% heard in state and local level courts

2) Civil Law2) Civil LawDoes not involve a charge of criminality; instead, it concerns a dispute between two parties and defines relationships between them Examples: Divorce, Custody, Property, Contracts

Principles of Democracy in the Judiciary

Fairness-every person should have a free and equal opportunity to pursue individual goals and desires

Rule of Law- no individual, group, organization, or government entity is above the law

Principles of Democracy in the Judiciary(cont)

Accountability-power of the judicial branch is checked by the legislative and executive branches

Judicial Independence-courts must act impartially, and make fair decisions

Controls on Abuse of Power-courts are limited in the types of cases they can hear

Jurisdiction Jurisdiction – the authority of

a court to hear (try and decide on) a case

4 Types of Jurisdiction:1) Exclusive Jurisdiction – only federal court has authority to hear, state court cannot

Jurisdiction (cont)

2) Concurrent Jurisdiction – federal or state court could hear3) Original Jurisdiction – court is the first one to hear a case4) Appellate Jurisdiction – court can only hear a case on appeal

Jurisdiction (cont)

U.S. District Courts have original jurisdiction

The Court of Appeals has appellate jurisdiction

Supreme Court has both

The adversarial system is characterized by a set of legal procedures used in Common Law countries to determine the truth during adjudication whereby the prosecution and defense counsel compete against each other while the judge insures fairness and adherence to the rules.

The Adversarial System

The Inquisitorial SystemThe Inquisitorial system found in both

Civil Law and Socialist Law countries is characterized by extensive pretrial investigation and interrogations that

are designed to ensure that no innocent person is brought to trial;

i.e., an official inquiry. A trial continues the investigative process with a procedurally active judiciary

and passive lawyers.*

* Under Socialist Law, an agent of the police or prosecution takes the investigative role.

Adversarial and Inquisitorial Systems

AdversarialAdversarial Accusation

Judge as referee

Emphasis on trial stage and rules of procedure to ensure a fair trial.

Judiciary restricted in investigatory and adjudicatory process

Defendant is neither required nor expected to cooperate. Prosecutor is responsible for burden of proof.

Checks and balances among courtroom participants – shared power.

InquisitorialInquisitorial Inquiry

Judge as inquisitor

Emphasis on screening phase and factual guilt.

Judiciary directly involved

Defendant is expected (although not required) to cooperate during investigations and at trial.

Judge has the power to investigate and to decide outcome of the case.

Steps of a Trial

Bailiff/clerk opens the court session.

Opening statements for the

plaintiff/prosecution and the defense.

Judge enters the courtroom and

provides introductory remarks

to jury.

Plaintiff’s/Prosecution’s direct examination

of witness.

Defense’s cross examination of

witness for the

plaintiff/prosecution.

Defense’s direct examination.

Plaintiff’s/Prosecution’s cross examination of

witness for the defense.

Closing arguments for the

plaintiff/prosecution and the defense.

Plaintiff/prosecution gives rebuttal

(optional).

 

Judge provides specific jury

instructions prior to jury deliberation.

Jury deliberates and determines verdict.

Decision is announced.

The Sixth Amendment to the t to the U.S. ConstitutionU.S. Constitution

Applies to all criminal prosecution Guarantees the right to:

a speedy and public trial, by an impartial jury of the state and district where the crime was committed

Be informed of the nature and cause of the accusation

Be confronted with witnesses in his favor Have the assistance of counsel for his

defense

BUT the accused may choose to be tried before a judge only

What Is A Jury? Jury- is a panel of everyday citizens that are summonsed by a court to determine the verdict of a case in which one of their peers from society is on trial. Jury duty- is part of our responsibility as citizens & you are fined if you do not attend when you are called for duty.

What is the role of the jury? Listen to and weigh up the evidence and

arguments put by each side, with an impartial and unbiased mind

Listen to, and try to understand, the law as explained to them by the judge

Decide the facts of the case and apply the facts to the law to see if the case has been proved to the standard of proof

Reach a unanimous or majority verdict, and in most civil cases they decide the amount of damages

Right to Appeal The Constitution guarantees a

right to appeal. A defendant’s right to appeal,

however, has been interpreted to mean the right to one appeal.

Therefore, the U.S. Supreme Court does not hear every appeal by defendants dissatisfied with the decision of a federal appeals court.

Appeals Appeals are requests by a

defendant to a higher court asking it to review the actions of a lower court.

Some cases (involving death penalty or life sentences) are automatically appealed.

Appellate court reviews transcripts from lower trial courts and may allow both sides to make oral arguments.

Appeals: The Results Most convictions are confirmed. Some decisions are reversed and

cases remanded. Recourse may be to a state

supreme court. Generally, state supreme court is t is

the the court of last resort..

Appeals: Moving to the Federal System

Cases can be appealed to the U.S. Supreme Court if they are based on a claimed violation of the defendant’s rights as guaranteed under federal law or the

U. S. Constitution.

Supreme Court Opinions Dissenting Opinion – written or signed by any justice who disagrees with the majorityIt’s important because it can become the logic for a future group of justices to overturn this decision (losing side)

Supreme Court Opinions (cont)

Concurring Opinion – written by a justice who votes with the majority, but disagrees with their reasoning as to why

If a justice has a conflict of interest in a case, he/she may recuse himself (stay off of the case)

Supreme Court Opinions (cont)

Majority Opinion - The document announcing and usually explaining the Supreme Court’s decision in a case

Unanimous - all justices vote the same way

How are decisions made? precedent: a previous judicial

decision that serves as a rule for settling subsequent (later) cases of a similar nature (becomes important cases for later reference)

stare decisis: in Court rulings, a reliance on precedents or past decisions to make a decision in the current case (let the law stand)

Types of Courts State Court Each state has its own,

independent judicial system. Cannot be bound by the federal

courts. One state system cannot bind

another court system.. State courts divided between trial

courts and appellate courts. Structurally, each is a bit different. But, most have three levels.But, most have three levels.

Types of Courts (cont)Trail CourtState courts can hear any kind of case, unless a federal statute states otherwise.Limited v. general jurisdiction.Geographic: Usually by county.One judge.PartiesParties = Plaintiff and defendant. = Plaintiff and defendant.

Types of Courts (cont) Intermediate Appellate Courts Loser has an appeal as a right. Three judges hear case. Parties = appellant and appellee. State Supreme Courts May or may not have to hear the

case. Justices (odd number).

Judicial Selection in the States

Manner in which state court judges are selected varies not only from state to state, but also within states according to the type of court. Some similarities.

There are four methods for choosing state court judges.1. Appointments by the governor2. Election by the legislature3. Popular election4. By a combination of appointment election

and popular election

The Federal Compromise Produces a Dual Court System

Federal Courts Federal court domain includes:

Cases between states Ambassadors Federal law U.S. Constitution 94 judicial districts

Appointment of Judgeess President

nominates someone to become a judge

Senate majority vote confirms Remember –

Senatorial Courtesy!

Judges serve for lifee

Other Federal Courts Military Commissions

• Outside normal judicial system, rulings may be challenged in federal court

National Security Courts• Foreign Intelligence Surveillance Court reviews requests

to spy on “agents of a foreign power” in U.S.• Alien Terrorist Removal Court reviews requests to remove

suspected terrorists from U.S. Washington, D.C., and Territorial Courts

• Congress created trial and appellate courts in locations outside federal system

Other Federal Courts U.S. Court of International Trade

• Hears cases involving laws and rules of international trade U.S. Court of Federal Claims

• Hears cases involving disputes over veterans’ benefits U.S. Tax Court

• Hears cases involving federal tax disputes The Federal Circuit

• Hears cases involving claims over $10,000 owed by U.S. government.

• United States has sovereign immunity• In some circumstances the government can be sue

U.S. Court of Appeals for the Armed Forces• Hears cases involving appeals from courts-martial, or military

courts