The Judicial Branch. The National Judiciary During the years the Articles of Confederation were in force there was no national court system. The laws

The Judicial Branch

The National Judiciary

• During the years the Articles of Confederation were in force there was no national court system.

• The laws of the United States were left up to the courts of each state to interpret.

• Often, decisions in one state were ignored by other states.


• Article III, Section 1 of the Constitution says:

– “The judicial power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

– The idea was to establish a national court system that had the final say on the law.


• What exists in the United States today is a dual-court system.

• There are over 100 federal courts across the country, and each state has their own system of courts as well.

• Most cases heard today take place in state courts.


• The Constitution created the Supreme Court and allows Congress to create inferior federal courts.

• There are two types of federal courts – constitutional courts, and special courts.

• The constitutional courts hear most cases tried in federal courts.

The National Judiciary• Before a case is heard in court – jurisdiction must

be decided – that is which court will the case be heard in.

• Usually states have jurisdiction and that is why most cases are heard in state courts.

• The Constitution however gives federal courts jurisdiction because of subject matter or the parties involved.


• In terms of subject matter the federal courts may hear a case if it involves a “federal question”.

• Is the interpretation of the Constitution needed?

• If yes, than the case may be heard in a federal court.


• In terms of the parties involved – federal courts hold jurisdiction over a case if one of the parties is…

• 1. The United States or one of its officers or agencies.

• 2. An ambassador or other official representative of a foreign government.


• 3. One of the 50 states suing another state, resident of another state, or a foreign government.

• 4. A citizen of one state suing a citizen of another state.

• 5. An American citizen suing a foreign government or a subject of that government.


• 6. A citizen of one state suing a citizen of the same state where both claim title to land grants from different states.

• Besides these situations, state courts hold jurisdiction over all other legal matters.

• However, there are exceptions.


• Example: Tony robs a bank in California.

• Jurisdiction: Federal

• Why: Bank robbery violates a federal law, regardless of the state in which the crime was committed.


• Example: Lisa from Michigan sues Jane from Ohio for $80,000 in damages caused as a result of a car accident.

• Jurisdiction: Concurrent – Both

• Why: When a citizen from one state sues a citizen from another state for damages greater then $75,000 the case can be heard in both.


• Example: Mitch has his car repaired at a local repair shop. His car breaks down after he pays the bill so he sues for breach of contract.

• Jurisdiction: State

• Why: A purely local matter where nothing from the case is related to federal law.


• There is also a difference between original jurisdiction and appellate jurisdiction.

• The court where the case is first heard has original jurisdiction.

• Appellate courts handle appeals – or protests to the original court’s outcome.


• Appellate courts do not retry cases – instead they determine whether a court acted in accord with the law.

• If the appellate court decides that the original court did not act within the law a decision can be overruled.

YOUR TURN TO WRITE

• What does Article III of the Constitution establish?

• What does we mean when we say that the United States has a dual-court system?

• What does jurisdiction mean, and in the U.S. which courts hold the most jurisdiction over court cases?

Federal Judges and Officers

• The Constitution explains the manner in which federal judges are chosen, how long they serve, and how much they get paid.

• The President is in charge for nominating judges – and the Senate must approve all nominations with 2/3 majority vote.


• Although the Constitution sets qualifications for presidents and representatives from Congress – it does not list any qualifications for federal judges.

• Tradition alone dictates that all federal judges chosen should posses education and training experience.


• Choosing a federal judge is a very political process.

• We see interest groups once again come alive in this process to try to influence the President’s choice.

• Political parties also play a role in choosing – Democrat Presidents choose Democrat judges.


• The role of a federal judge is very important.

• They are responsible for interpreting the Constitution and therefore shaping public policy.

• So, a judges’ decision making process plays a valuable role in determining U.S. policy.


• Some judges believe in judicial restraint.

• They believe that cases should be decided by:

– 1. The original intent of the framers of the Constitution.

– 2. precedent, or how similar cases have been decided on in the past.


• The opposite philosophy is called judicial activism.

• Activists believe that judges should be more influential in making policy through decisions.

• They believe that the Constitution should be interpreted in light of changes in society and values.


• Article III of the Constitution also points out that federal judges hold their offices during good behavior.

• This means that once appointed, judges hold their office until they resign, retire, or die in office.

• They can be removed only through the impeachment process.


• Congress sets the salaries for federal judges – and their retirement benefits are outstanding.

• Federal judges just hear the cases and make decisions.

• Court officers handle all of the supportive work – clerks, bailiffs, reporters, officers.


• Magistrates are also considered officers of the court.

• U.S. magistrates are justices that help run federal district courts. They handle minor civil complaints and misdemeanor cases.

• They also issue warrants for arrest and set bail in federal criminal cases.


• The President and Senate also appoint U.S. Attorneys who serve as the country’s prosecutors.

• U.S. Marshals are also appointed to serve as a “sheriff” for the country – make arrests, keep order in court, and hold suspects in custody.

YOUR TURN TO WRITE

• How are federal judges selected?

• What is the difference between judicial restraint and judicial activism?

• What are the roles of U.S. Magistrates, U.S. Attorneys, and U.S. Marshals?

The Inferior Courts

• Inferior means lower – and inferior courts are federal courts that are lower than the Supreme Court.

• They handle nearly all of the cases tried in federal courts.

• The first group of inferior courts are district courts.

The Inferior Courts

• The district courts handle over 80 percent of all federal cases – 667 judges, 300,000 cases per year.

• There are 94 U.S. district courts.

• The 50 states are divided up into 89 federal districts – Missouri has two districts.

The Inferior Courts

• Cases are mostly heard by a single judge – although some cases have a three judge panel.

• Cases are either a criminal case or a civil case.

• Criminal case is one in which a defendant is tried for committing an action that is against federal law.

The Inferior Courts

• A federal civil case involves a non-criminal matter – usually a suit where money is involved.

• The U.S. always serves as the prosecutor for a criminal case – the U.S. can be the prosecutor or a defendant in a civil case.

The Inferior Courts

• Federal criminal cases include: bank robbery, kidnapping, mail fraud, counterfeiting, terrorism and tax evasion.

• Civil cases include: bankruptcy, postal, tax, public lands, and civil rights.

• Most decisions made in the 94 district courts are final – but some are appealed.

The Inferior Courts

• The courts of appeals were created by Congress in 1891.

• There are 13 courts of appeals in the U.S. – and they are assigned appeals from selected parts of the U.S.

• Each court of appeals has 6-28 judges – 179 total – and a Supreme Court justice is assigned to each.

The Inferior Courts

• Usually the court of appeals hears a case in a three judge panel – sometimes if case is important enough all judges will sit on case.

• Again – the 13 appellate courts hear appeals – they do not retry the case.

• They review the court record and review the arguments made by the attorneys.

The Inferior Courts

• If they find that the original court acted or made a decision without following the proper rules – the appeal is accepted and can be overturned.

• The last of the inferior courts is the Court of International Trade – often called Trade Court.

The Inferior Courts

• Trade Court hears all civil cases – not criminal – that deal with nation’s customs and trade laws.

• They work in three judge panels and often hold jury trials in major U.S. ports such as New Orleans, San Francisco, Boston and New York.

YOUR TURN TO WRITE

• Which courts handle most federal cases?

• A Supreme Court justice is assigned to which courts?

• What would a federal appeals court do when hearing a case?

The Supreme Court

• Supreme Court is located in Washington D.C. – on the building quote reads “Equal justice under the law.”

• The Court consists of one Chief Justice – the head honcho – and eight associate judges.

• It is part of the three branches of government in the U.S. – Legislative, Executive, Judicial.

The Supreme Court

• Framers of the Constitution gave all three branches power over each other – checks and balances.

• The Supreme Court’s power is judicial review.

• It has the final say on all matters relating to the interpretation of the Constitution.

The Supreme Court

• Judicial review was established in 1803 as a result of Marbury v. Madison – a court case.

• Dispute over the 1800 election in which Anti-Federalist Thomas Jefferson won the presidency and they also controlled Congress.

• President John Adams – a Federalist – tried to add Federalist judges to the Supreme Court before his term was over.

The Supreme Court

• An argument followed and the case was decided upon by the Supreme Court – which gave the Court power to determine laws and policies of other branches as “unconstitutional.”

• This is important – if two or more laws conflict each other – Supreme Court decides which law stands.

The Supreme Court

• Today, most cases heard in the Supreme Court are appeals.

• These cases were tried in lower federal courts or high state courts and their outcome is challenged.

• More then 8,000 cases are appealed to the Supreme Court each year – only a few hundred are actually heard – most are denied.

The Supreme Court

• The “rule of four” is used to determine which cases will be heard.

• 9 judges – a minimum of 4 judges must agree that case is worthy of being heard.

• Most of the cases that reach the Supreme Court are from the “writ of certiorari”.

The Supreme Court

• It is Latin for “to be made more certain”.

• This happens when either the prosecution or the defendant asks the Supreme Court to interpret the Constitution.

• The other cases that reach the Supreme Court do so as a “certificate” – where the judge requests Court interpretation.

The Supreme Court

• Supreme Court is in session from October to July – they set dates for the cases they hear.

• When your case is heard – you must submit a written brief – your argument about the case.

• Briefs sometimes reach 100+ pages in length.

The Supreme Court

• After brief is submitted, you get to appear before the judges in Court and present your argument verbally – called the oral argument.

• You have 30 minutes to speak – white light shines for 5 minute warning – red light shines you must end.

The Supreme Court

• After the hearing, judges meet in private conference to make their decision.

• This is where judicial restraint or judicial activism is used.

• Majority is needed – so 5 out of 9 judges is minimum needed to make a ruling.

The Supreme Court

• Once decision is made, the Chief Justice issues a written document called the “majority opinion”.

• It summarizes the view of the Court and explains the reasons for their decision.

• This helps to create precedent down the road for future cases.

The Supreme Court

• In addition to the majority opinion – a “dissenting opinion” can be issued as well.

• This is submitted by the judges on the losing side and explains their position.

• This can also be used later in the future to help judges make decisions for cases later on.

YOUR TURN TO WRITE

• What power did Marbury v. Madison give to the Supreme Court, and why is this power important?

• What is the difference between a writ of certiorari and a certificate?

• Why would a dissenting opinion be issued?

Documents

The Judicial Branch. The National Judiciary During the years the Articles of Confederation were in force there was no national court system. The laws