The Judicial Department
Article III The Judicial Department Establishes Supreme Court
Judicial Review Final say in all matters (ex: reviewing laws) dealing with the United States Constitution Highest Court in the Federal Government. Hear appeals from lower courts Also Authorizes Congress to create ALL US Courts BELOW Supreme Court 1st Type Article III Courts
2nd Type Article I or Legislative Courts - United States Court of Appeals 13 Appellate Courts 12 Regional Circuits United States Court of Inter-national Trade United States Tax Court Magistrate Courts Bankruptcy Courts 1 per district Article III Courts Basics
Derive power from Constitution All Judges are appointed by the President of the United States with the advice and consent of the Senate Hold Office during good behavior for LIFE Article III Courts Basics
Jurisdiction? Section 2 of US Constitution *Cases that arise under the Constitution *Laws of United States *Treaties made with authority of US *Civil Cases residents of different States and amt > $75,000 (set by federal law) *Suits between States *Bankruptcy *Patent, copyright, and trademark cases *Securities and banking regulation *Cases involving ambassadors or other high-ranking public figures *Federal Crimes (treason, piracy, counterfeiting, crimes against the law of nations and crimes relating to the federal governments authority to regulate interstate commerce) *most crimes are State matters Federal Courts (Type I)
U.S. District Courts 94 federal judicial districts Every State has at least 1 PA 3 Districts Eastern Philadelphia Middle Scranton, Harrisburg, Williamsport, and Wilkes-Barre Western Erie, Johnstown, and Pittsburgh Trial Courts (or courts of Original Jurisdiction) Hear CIVIL AND CRIMINAL CASES JUDGE determines issues of law while the JURY (or JUDGE sitting without a jury) determines findings of fact Judge Arthur J. Schwab The trial, which is set to begin TODAY (12/14) will determine whether Starr Insurance Company can cancel its policy issued to Heinz based on material misrepresentations or omissions in Heinzs application. If the policy is rescinded, potential coverage of $25 million for claims involving lead contaminated baby cereal that Heinz sold in China would be negated. The dispute concerns Heinzs claim for coverage under a Starr product contamination policy for losses- Starr denied coverage for the claim and Heinz filed a complaint for breach of contract, declaratory judgment and bad faith. https://www.youtube.com/watch?v=Yu8qbJBBFyw US Post Office and Courthouse--Pittsburgh Federal Courts (Type 1) US Circuit Courts of Appeal
13 Courts in the US Divided into 12 regional circuits in various cities throughout the country 13th Washington D.C. Any party (except if found not guilty) who is dissatisfied with the judgment of the US District Court may appeal Panel of 3 Judges Federal Courts (Type 1) Supreme Court Only 1 (Washington D.C.)
Composed of 9 Judges (JUSTICES) Presided over by a CHIEF JUSTICE Parties who are NOT satisfied with the decision of a US Circuit Court of Appeal (rare cases US District Court) or a State Supreme Court* can petition the US Supreme Court to hear the case Known as WRIT OF CERTIORARI (CERT.) Known as GRANT CERT Federal Courts (Type 1) How decided?
Supreme Court cont Court can decide whether or not to accept the cases ACCEPT of the some 7000 cases it is asked to hear for argument per year How decided? 4 JUSTICES MUST AGREE TO HEAR THE CASE Known as GRANT CERT Primarily an APPELLATE COURT - HOWEVER court does have originally jurisdiction over cases involving ambassadors and two or more states Supreme Court today (from left) Clarence Thomas, Sonia Sotomayor, Antonin Scalia, Stephen Breyer, Chief Justice John Roberts, Samuel Alito, Anthony Kennedy, Elena Kagan and Ruth Bader Ginsburg. NAME APPOINTED BY LEANING? Clarence Thomas George HW Bush (91) Right NAME APPOINTED BY LEANING? Antonin Scalia Ronald Reagan (86) Right John Roberts (Chief Justice)
NAME APPOINTED BY LEANING? John Roberts (Chief Justice) George W. Bush (05) Right NAME APPOINTED BY LEANING? Anthony Kennedy Ronald Reagan (88) Moderate NAME APPOINTED BY LEANING? Ruth Bader Ginsburg Bill Clinton (93) Left NAME APPOINTED BY LEANING? Sonia Sotomayor Barack Obama (09) Left NAME APPOINTED BY LEANING? Stephen Breyer Bill Clinton (94) Left NAME APPOINTED BY LEANING? Samuel Alito George W. Bush (06) Right NAME APPOINTED BY LEANING? Elena Kagan Barack Obama (10) Moderate How do you get to the Supreme Court? Qualifications?
President USUALLY take the recommendation and evaluation of the ABAs Standing Committee on the Federal Judiciary No constitutional requirements Have to be experts on the Constitution, Constitutional law, and federal law all past and present members of the Supreme Court have been attorneys Informal Qualifications: Good standing in the state bar (>5 yrs) Practicing trial attorney and/or trial judge (>12 yrs) Competent citizen of good character, integrity, reason, intelligence, and judgment Distinguished accomplishments How do you get to the Supreme Court?
Go to one of the major law schools. How do you get to the Supreme Court?
Clerk for the Supreme Court How do you get to the Supreme Court?
Be a judge, law professor, or a lawyer who has argued before the Supreme Court before. Supreme Court nominees are political appointments.
Not easySometimes they dont get past the background checks or Senate questioning! . Anita Hill testified in 1991 about claims of sexual advances from then-Supreme Court nominee Clarence Thomas Bush nominated Harriet Miers (2005)
Close But DENIED Example Bush nominated Harriet Miers (2005) Miers was widely perceived as unqualified for the position - Later emerged that she had allowed her law license to lapse for a time. The nomination was immediately attacked by politicians and commentators (both sides) At Miers' request, Bush withdrew her nomination on October 27 4 days later, Bush nominated Samuel Alito to the seat. - was confirmed in 2006 - a corporate attorney from Texas - Bush's private attorney - White House Counsel. apparently to avoid violating executive privilege by disclosing details of her work at the White House. Supreme Court hears Constitutional Issues that can affect the entire country
Marbury v. Madison Case Established Judicial Review
Supreme Court hears Constitutional Issues that can affect the entire country Case Established Judicial Review forever after the Supreme Court has had the power to rule laws unconstitutional (void acts of Congress) BEFORE this power was NOT given in Constitution Only Original and Appellate Jurisdiction Interpret the Constitution Marbury v. Madison For Example The Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. right of the people to keep and bear arms - understood
But what was meant by adding well-regulated militia and necessary to the security of a free state? Does it mean that you can only carry arms if you are in the militia? Can guns only be used for national defense, or does that mean self-defense? right of the people to keep and bear arms
Is the militia in 2014 mean the same thing as it did in 1787? CENTRAL ARGUMENT! Whether people have a right to bear arms as INDIVIDUALS, rather than just as part of an official militia. Collective Rights v. Individual Rights:
Some think the 2nd Amendment was designed ONLY to protect the rights of the states to have militias. NOT the right of individuals to bear arms for their own self-defense. well-regulated militia and security of a free state prove their point. Restrictions on hunting and self-defense. What happens if Congress passes a Federal Law concerning the Amendment andsomeone disagrees with it (or is charged under it)? THEN Supreme Court steps in and does it thing!
Abramski v. United States -report from the AP A federal gun law on "straw purchases" has been upheld by the U.S. Supreme Court, preventing buyers from purchasing a gun just to transfer it to someone else. In a 5-4 decision, the High Court determined that even if the ultimate recipient of the firearm is legally permitted to own a gun, federal laws intended to prevent sham transactions known as "straw purchases" are still valid Purchased a gun in Virginia using his police discount with the intention of transferring it to his uncle in Pennsylvania. Bruce Abramski On a form required by federal regulations, Abramski falsely answered that he was the "actual buyer" of the gun and was convicted for making false statements under this "straw purchaser" law (18 U.S.C. 922(a)(6)). Under the age of 18 for long gunsUnder the age of 21 for hand guns.
An unlawful user of, or addicted to, any controlled substance. Been committed to any mental institution for inpatient care and treatment A person who is the subject of an active protection from abuse order Discharged from the Armed Forces under dishonorable conditions Has renounced his US citizenship. Ever been convicted of a misdemeanor crime of domestic violence Argued that the federal law wasn't concerned with "straw purchasers" and even if it was, his uncle could legally purchase a gun for himself. Despite the fact that the federal law in question didn't contain the phrase "actual purchaser," the Supreme Court was convinced that Congress' intent of this federal gun law was to know who would eventually own them. In order to keep guns out of the hands of felons and prohibited buyers, it seems perfectly reasonable to prevent "straw purchasers" from concealing the actual purchaser, the Court explained. After all, what would be the point of a gun background check if the actual purchaser could just avoid it by having a "straw" buyer pick up the gun? Doesn't Matter If Actual Purchaser Is Legit
OK...all lies on federal forms aside, what really matters is that the actual purchaser is legally allowed to own a gun. After all, the uncle could have purchased the gun legally on his own, but his nephew wanted to get him that sweet police discount The statute establishes an elaborate system to verify a would-be gun purchasers identity and check on his background. It also requires that the information so gathered go into a dealers permanent records. Doesn't Matter If Actual Purchaser Is Legit Im not buying it Justice Kagan writing for the Court's majority Even when the actual purchaser could legally own the gun, the straw purchaser is nonetheless preventing the gun dealer from complying with federal law which requires documenting the true owner and running a background check. This is what the Majority was looking at Regarding straw purchases, Form 4473 is clear
Regarding straw purchases, Form 4473 is clear. You cant acquire a firearm on behalf of another person. On behalf implies you are standing in for another. As far as straw purchases go, you stand in for someone. You are the original buyer, yet you have no intent to own the gun. Your intent is to act as the agent. It is this intent that matters in straw purchase prosecutions. More details on the case
Abramski had previously been a policeman but had been fired from the Roanoke, Va., police department for alleged theft. After he was cleared by the federal database, Abramski gave the gun to his uncle, deposited the uncle's $400 check, and gave him a receipt. Police later found the receipt after searching Abramski's home in connection with another crime (bank robbery) WHICH MEANS. NOT A GIFT Theres no federal law that prohibits a gift of a firearm to a relative or friend that lives in your home state.Abramski v. United States, a recent Supreme Court decision involving a straw purchase of a firearm did not change the law regarding firearms as gifts. Why the law in the first place
Why the law in the first place?Add to the more than 20,000 different gun laws on the books ATF found that straw purchasing was the most common channel of illegal gun trafficking, accounting for almost one-half (46%) of all investigations, and associated with nearly 26,000 illegally trafficked firearms. Target Gun Shows ATF investigations at gun shows from 2004 2006 uncovered widespread straw purchasing at shows, where guns were diverted to convicted felons and local and international gangs However - "gun show loophole," most states do not require background checks for firearms purchased at gun shows from private individuals -- federal law only requires licensed dealers to conduct checks Violations of dealer record keeping requirements are punishable by a penalty of up to $1000 and one year`s imprisonment I am in agreement with wisdom of a straw purchase ban
BUT Wording of the Law The purchaser at the time is the legal purchaser Nothing in existing lawthat Congress enacted to support the majoritys straw purchase ban Writing for the four dissenters, Justice Scalia accused the court majority of making it "a federal crime for one lawful gun owner to buy a gun for another lawful gun owner." Antique firearms and replicas are exempted from the restrictions.
Antique firearms are defined as: any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898, and any replica of a firearm as designed above if the replica is not designed or redesigned for using rimfire or conventional centerfire ammunition, or uses fixed ammunition, which is no longer manufactured in the United States and which is not readily available in the ordinary channels or commercial trade, any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. Pennsylvania (and other States) Program
https://www.youtube.com/watch?v=RYxmwhDkaaY Inter-family transfers
Remember, you can never transfer a firearm directly to another person who is a resident of a different state. In that case, you must transfer the firearm through a licensed dealer in the state where the person receiving the gift resides Again, in most states, theres no law that says you cant, but some states require even inter-family transfers to go through a licensed dealer. Federal Courts (Type 1) Special Article III Courts
US Court of Federal Claims Washington D.C. Cases AGAINST the Government US Court of International Trade New York Cases involving tariffs and international trade disputes Article I or Legislative Courts Basics
Created pursuant to the authority given to Congress in Article I, Section 8, Clause 9- to constitute Tribunals inferior to the Supreme Court Judges are appointed by the President of the United States with the advice and consent of the Senate *Hold office - SET NUMBER OF YEARS (15 yrs) Reduce the workload of federal courts
Federal Courts (Type 2) Special Courts Created by Congress FEDERAL Magistrate Judges Handle certain criminal and civil matters w/ consent of both parties Magistrate judges are assigned duties by the district judges in the district in which they serve. May preside over most phases of federal proceedings, except for criminal felony trials. Reduce the workload of federal courts Option 1 - Counsel questions witnesses and both parties makes arguments. The judge then makes the ultimate finding of probable cause. Option 2 - The grand jury hears only from the prosecutor. The grand jury may call their own witnesses and request that further investigations be performed. The grand jury then decides whether sufficient evidence has been presented to indict the defendant. Pre-Trial Motions Pre-trial motions are brought by both the prosecution and the defense in order to resolve final issues and establish what evidence and testimony will be admissible at trial. Federal Courts (Type 2) Ex: Initial Appearance as soon as possible after arrest advises of rights, financial ability to hire lawyer, bond Ex: Detention Hearing Evidence about the accuseds risk of flight, danger to community (detained or released before trial) Ex: A preliminary hearing Should Government bring criminal charges? Option 1 -. The judge (hearing from both parties and questions witnesses) then makes the ultimate finding of probable cause. Option 2 - The grand jury then decides whether sufficient evidence has been presented to indict the defendant. Ex: Pre-Trial Motions and petitions Suppression of evidence guns or drugs seized in search, statements (confession) Ex: Arraignment read the charges against the person, enter plea Option 1 - Counsel questions witnesses and both parties makes arguments. The judge then makes the ultimate finding of probable cause. Option 2 - The grand jury hears only from the prosecutor. The grand jury may call their own witnesses and request that further investigations be performed. The grand jury then decides whether sufficient evidence has been presented to indict the defendant. Pre-Trial Motions Pre-trial motions are brought by both the prosecution and the defense in order to resolve final issues and establish what evidence and testimony will be admissible at trial. Federal Courts (Type 2) Special Courts Created by Congress
FEDERAL Magistrate Judges Handle certain criminal and civil matters w/ consent of both parties Magistrate judges are assigned duties by the district judges in the district in which they serve. May preside over most phases of federal proceedings, except for criminal felony trials. Ex: Initial Appearance as soon as practible after arrest advises of rights, financial ability to hire lawyer, bond A preliminary hearing Government brings criminal charges Option 1 -. The judge then makes the ultimate finding of probable cause. Option 2 -The grand jury then decides whether sufficient evidence has been presented to indict the defendant. Ex: Pre-Trial Motions and petitions Ex: Arraignment Reduce the workload of federal courts Option 1 - Counsel questions witnesses and both parties makes arguments. The judge then makes the ultimate finding of probable cause. Option 2 - The grand jury hears only from the prosecutor. The grand jury may call their own witnesses and request that further investigations be performed. The grand jury then decides whether sufficient evidence has been presented to indict the defendant. Pre-Trial Motions Pre-trial motions are brought by both the prosecution and the defense in order to resolve final issues and establish what evidence and testimony will be admissible at trial. SERVE 8 YEARS AND BE A LAWYER
Hon. Susan Paradise Baxter(Erie) Hon. Cynthia R. Eddy (Pgh) Hon. Maureen P. Kelly (Pgh) Hon. Lisa Pupo Lenihan (Pgh) Chief Magistrate Judge Hon. Robert C. Mitchell (Pgh) Hon. Keith A. Pesto (Johnstown) SERVE 8 YEARS AND BE A LAWYER Western District U.S. Magistrate Judges - Appointed by majority vote of the active District Judges of the court. - A U.S. magistrate judge is appointed based upon the recommendations of a citizen's merit screening committee. Federal Courts (Type 2) Special Courts Created by Congress
US Court of Military Appeals Final Appellate Court for cases arising under the Uniform Code of Military Justice US Tax Court Cases arising over alleged tax deficiencies US Court of Veterans Appeals Cases arising from the denial of veterans benefits Intermediate Appellate Courts
State Courts Most are NOT appointed for life Elected (or appointed) for a certain # of years No two State courts are exactly the same but there are similarities Highest State Courts (aka Supreme Court, Court of Appeals) Intermediate Appellate Courts (aka Superior Court and Commonwealth Court) Trial Courts of General Jurisdiction (aka Circuit Courts, Superior Courts, Courts of Common Pleas) Trial Courts of Limited Jurisdiction (aka Minor Courts) Magistrates + others Intermediate Appellate Courts
State Courts No two State courts are exactly the same but there are similarities Highest State Courts (aka Supreme Court, Court of Appeals) Intermediate Appellate Courts (aka Superior Court and Commonwealth Court) Trial Courts of General Jurisdiction (aka Circuit Courts, Superior Courts, Courts of Common Pleas) Trial Courts of Limited Jurisdiction (aka Minor Courts) Magistrates + others Butler County Magistrates
Are the only judges that are not required to have law degrees and be a member of the Bar but are required to pass a qualifying exam. Butler Magistrate Chicora Magistrate Cranberry Township Magistrate Evans City Magistrate Saxonburg Magistrate Slippery Rock Magistrate Elected for six-year terms by the voters in the district that the magistrate judge serves In Pennsylvania Magistrate Handles
They conduct criminal arraignments and preliminary hearings Issue arrest warrants and search warrants in some cases Hear civil disputes involving $8, or less Landlord-Tenant disputes, except not matters involving title to real estate Issue temporary Protection from Abuse Act orders Decide traffic, game law, and fish and boat code cases Conduct marriages Administer oaths and affirmations, etc. Probate Court Family Court Traffic Court
Trial Courts of Limited Jurisdiction PA - Minor Courts Probate Court Family Court Traffic Court Proving a Will is valid; Distribution of assets according to provisions of the Will; What to to when no Will (State law decides distribution) Marriage, divorce, adoption, child custody, and support and domestic-relations issues Minor violations of traffic laws Juvenile Court Small Claims Court Municipal Court
Trial Courts of Limited Jurisdiction PA - Minor Courts Juvenile Court Small Claims Court Municipal Court Handles cases involving delinquent children under a certain age (18 or 21)) Handles cases between private persons of a low dollar amount (under $5,000) Handles cases involving offenses against city ordinances 13 Judges - Pittsburgh Allegheny County Courthouse, Pittsburgh
PA Courts of Common Pleas Main Trial Courts of the State PA organized into 60 Judicial districts (each district 1 93 judges) Major Civil (Tort and personal injury, Contract) and Criminal (murder, theft, breaking and entering, destruction of property, etc) Allegheny County Courthouse, Pittsburgh Trial Courts of General Jurisdiction Judges 10 year terms Elections Retirement age 70 Butler County Courthouse, Butler
PA Courts of Common Pleas cont Appeals from Minor Courts in Civil, Criminal, and traffic matters Heard by 1 Judge (issues of law) (often with jury (issues of fact)) Butler County Courthouse, Butler Trial Courts of General Jurisdiction Intermediate Appellate Courts PA - Superior Court and Commonwealth Court
Panels of 2 or 3 judges Civil Cases brought by or against the State Any party (except in a case where a defendant in a criminal trial is found not guilty) who is not satisfied with the judgment of a state trial court may appeal However, these courts only address alleged procedural mistakes and errors of law made by the trial court Wont review the facts of the case (which were established during the trial) Wont accept additional evidence Judges 10 year terms Elections Retirement age 70 Highest State Courts PA Supreme Court
3,5, 7, or 9member court All Death-penalty cases Will hear appeals about alleged mistake of law NOT fact Original Jurisdiction concerning elections and reapportionment of legislative districts (gerrymandering Congress Unit) CALLED? Last - Prosecutors Prosecutors Which court - Which attorney?
Def: One who prosecutes (take legal action against) another for a crime in the name of the government. . On the federal level, the President appoints prosecutors to represent the United States in complaints against criminal defendants State and county governments employ prosecutors to represent their local communities in complaints against criminal defendants Federal Courts Loretta E. Lynch Eric Holder
Took office in April 27, 2015. Eric Holder Attorney General of the United States In office Judicial System of Pennsylvania
At the Top Attorney General Main legal advisor to the State government, and in some jurisdictions he or she may also have executive responsibility for law enforcement, public prosecutions or even ministerial responsibility for legal affairs generally Oh noTROUBLE! FOR PA Kathleen Kane Aides stooping through computers
Charged with perjury and obstruction - allegedly leaking secret grand jury material to a newspaper and then lying about it. Aides stooping through computers PA SC - Temp suspend law license PA Senate remove from office (cant do duty- PA Constitution - Lawyer) She was investigating her Republican predecessor's delay in bringing child molester Jerry Sandusky to justice 'Porngate' investigation.
Still stirring the pot root out corruption 'Porngate' investigation. Federal Criminal Cases
Prosecutor United States District Attorneys Represent the United States Federal Government in: United States District Court United States Court of Appeals Law and Order Assistant District Attorneys United States District Attorneys
There are 93 U.S. District Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands. One U.S. Attorney is assigned to each of the judicial districts They supervise district offices of as many as 350 assistant United States attorneys, with as many as 350 more support personnel Each U.S. Attorney is the chief federal law enforcement officer within his or her particular jurisdiction United States District Attorney for the Western District of Pennsylvania
David J. Hickton was nominated for by President Barack Obama on May 20, 2010, and was confirmed by the U.S. Senate on Aug. 5, 2010. The United States Attorney's Office in Pittsburgh currently consists of more than 100 employees, including more than 50 lawyers District Attorney for: Richard A. Goldinger Butler County Allegheny
The District Attorney is the Chief Law Enforcement Officer for the County. As such, he and his assistants represent the Commonwealth in the prosecution of all misdemeanor and felony criminal cases. Richard A. Goldinger Stephen A. Zappala, Jr Which Court? Worksheet