The National Judiciary
Jurisdiction: the authority of the courts to hear certain casesOriginal jurisdiction- lower courts have
authority to hear cases for the first time. Trial are conducted, evidence is presented, and juries determine the outcome of the case.
Appellate jurisdiction- courts that hear reviews or appeals of decisions from the lower courts. Court of Appeals & the Supreme Court have appellate jurisdiction
Concurrent jurisdiction- allows certain types of cases to be tried in either the federal or state courts.
The Federal Court System
Constitutional CourtsFederal courts created by Congress in Article
III of the Constitution & the Supreme CourtIncludes district courts, Courts of Appeals
Legislative CourtsHears cases given to Congress under Article I
of the ConstitutionExamples: Territorial Courts, U.S. Tax Courts, U.S.
Court of Appeals for the Armed ForcesHave a more narrow range of authority than
Constitutional
Structure of the Judicial System
Judiciary Act of 1789Created the district courts to serve as trial
courts on the federal levelCurrently 94 Districts
Each state has at least 1Have original jurisdiction, do not hear
appealsDecide civil and criminal casesHear more than 80% of all federal cases
District Courts
State Courts Federal Courts State or Federal Courts• Crimes under state legislation.• State constitutional issues and
cases involving state laws or regulations.
• Family law issues.• Real property issues.• Most private contract disputes
(except those resolved under bankruptcy law).
• Most issues involving the regulation of trades and professions.
• Most professional malpractice issues.
• Most issues involving the internal governance of business associations such as partnerships and corporations.
• Most personal injury lawsuits.• Most workers' injury claims.• Probate and inheritance
matters.• Most traffic violations and
registration of motor vehicles.
• Crimes under statuses enacted by Congress.
• Most cases involving federal laws or regulations (for example: tax, Social Security, broadcasting, civil rights).
• Matters involving interstate and international commerce, including airline and railroad regulation.
• Cases involving securities and commodities regulation, including takeover of publicly held corporations.
• Admiralty cases.• International trade law matters.• Patent, copyright, and other
intellectual property issues.• Cases involving rights under
treaties, foreign states, and foreign nationals.
• State law disputes when "diversity of citizenship" exists.
• Bankruptcy matters.• Disputes between states.• Habeas corpus actions.• Traffic violations and other
misdemeanors occurring on certain federal property.
• Crimes punishable under both federal and state law.
• Federal constitutional issues.• Certain civil rights claims.• "Class action" cases.• Environmental regulations.• Certain disputes involving
federal law.
State vs. Federal Court
Read pages 17-20 in the Constitution & the Federal Judiciary packet
Create a t-chart detailing characteristics of both courts
Respond: Is it possible to be tried in both courts for the same crime? Why or why not?
Criminal vs. Civil Court
Created in 1891 to help lessen the work load of the Supreme Court
Decides appeals from the U.S. District courts13 U.S. Courts of AppealsStates are divided into circuits (districts)Have appellate jurisdiction onlyA panel of judges decides cases in the courts
of appeals
Courts of Appeals
Only court actually created in the ConstitutionHighest court in the federal judicial systemHas final authority in dealing with all questions arising
from the Constitution, federal laws, and treatiesHas both original and appellate jurisdictionMost cases heard are on appeal from the appellate courtsDecisions made in the S.C. may have a strong impact on
social, economic, & political forces in our societyCongress establishes the size of the S.C., and has the
power to change the number of justicesThe current size was set in 1869 at _____ justicesAll are nominated by the president, and confirmed by the
Senate
Supreme Court
The president appoints federal judges, with confirmation by the Senate
There are no formal Constitutional qualifications for federal judges
Federal judges serve a “during good behavior” (life) termThe life term was meant to allow judges to be free
from political pressures when deciding casesFederal judges may be removed from office
through impeachment & conviction
Judicial Selection
The Dept. of Justice and White House staff handle most appointments to the lower courts, due to the large number
Senatorial Courtesy is the practice of allowing individual senators who represent the state where the district is located to approve or disapprove potential nomineesOnly plays a major role in district courts, not
appellate courts
Lower Courts
Presidents only make appointments to the SC if a vacancy occurs during their term in officeTimeline of Appointments
When making appointments, presidents often consider:Party affiliation Judicial philosophyRace, gender, religion, region Judicial experience“litmus test”- a test of ideological purity toward a liberal or
conservative stand on certain issues such as abortionAcceptability
American Bar AssociationInterest groupsOther Justices
Judicial Selection to the Supreme Court
I. Biographical Information Education: List each college and law school you have attended, including dates of attendance, degrees
received and dates degrees were granted. Employment record: List (by year) all governmental agencies, businesses or professional corporations,
companies, firms, or other enterprises, partnerships, institutions, and organizations, nonprofit or otherwise, with which you are or have been connected as an officer, director, partner, proprietor, or employee.
Writings and Speeches: (a) List the titles, publishers, and dates of books, articles, reports, letters to the editor, editorial pieces, or other published material you have written or edited. Please supply one copy of all published material to the Committee.
Citations: Please provide: (a) Citations for all opinions you have written (including concurrences and dissents).
II. Financial Data and Conflict of Interest (Public) List sources and amounts of all income received during the calendar year preceding your nomination and for
the current calendar year, including any salaries, fees, dividends, interest, gifts, rents, royalties, patents, honoraria, and other items of $500 or more.
Have you ever held a position or played a role in a political campaign? If so, please identify the particulars of the campaign, including the candidate, dates of the campaign, your title and responsibilities.
The American Bar Association's commentary to its Code of Judicial Conduct states that it is inappropriate for a judge to hold membership in any organization that . . . discriminates on the basis of race, sex, or religion. Please list all business clubs, social clubs or fraternal organizations to which you belong or have belonged since graduating from law school . . . .
Has anyone involved in the process of selecting you as a judicial nominee (including, but not limited to a member of the White House staff, the Justice Department, or the Senate or its staff) discussed with you any specific case, legal issue or question in a manner that could reasonably be interpreted as seeking any…assurances concerning your position on such case, issue, or question? If so, please explain fully.
Please discuss your views on the role of the judiciary in our governmental system and the . . . criticism involving "judicial activism."
Senate Judiciary QuestionnaireLink
Chief Justice John Roberts' Nomination Hearing
Have extensive legal trainingHave held positions in governmentHave served as lawyers for leading law firmsLBJ appointed the first African American
Justice _____Ronald Raegan appointed the first woman
_____Barack Obama appointed the first Hispanic
_____
Background of Judges
The term of the Supreme Court begins on the first Monday in October and generally lasts until June or July of the following year
The Supreme Court at Work
Thousands of cases are appealed to the SC every yearOnly a few hundred are actually heard
Most are denied because the justices either agree with the decision of the lower court, or believe the case does not involve a significant point of law
Cases that are accepted must pass the Rule of 4, where at least 4 of the 9 justices agree to hear the case
Cases presented to the SC may be appealed throughWrit of certiorari- an order by the court directing a lower
court to send up the records of a case for reviewCertificate- a lower court may ask the SC about a rule of
law or procedures in specific cases
Accepting Cases
Once a case reaches the SC, lawyers for each party to the case file a written brief (a detailed statement of the facts of the case supporting a particular position by presenting arguments based on relevant facts and citations from previous cases)
Interested parties (interest groups) may also be invited to write amicus curiae briefs (support of or rejecting arguments of the case)
Oral arguments allow both sides to present their positions to the justices during a 30 minute periodJustices may interrupt the lawyers, asking questions
or challenging points of the law
Briefs & Oral Arguments
Justices use law clerks to research the info. presented in oral arguments & briefs
Throughout the term, justices meet in private conferences to consider cases heard in oral argument, with the chief justice presiding over the conferences
Each justice has the opportunity to speak about the cases under discussion
Research & Conferences
Once the SC has made a decision in a case, the decision is explained in a written statement, called an opinionMajority opinion- a majority of the justices agree on the
decision and its reasonsConcurring opinion- a justice who agrees with majority
opinionDissenting opinion- a justice or justices who disagree
with the majority opinion
Majority opinions become precedents (standards or guidelines) to be followed in deciding similar cases in the future
Writing Opinions
Judicial Activism Judicial intervention, the idea that the court should play
an active role in determining national policies.Advocates applying the Constitution to social and political
questions, especially where Constitutional rights have been violated
Judicial RestraintHolds that the court should avoid taking the initiative on
social and political questions, operating strictly within the limits of the Constitution
Involves only a limited use of judicial powers and advocates the belief that the court should be more passive, allowing the executive & legislative branches to lead the way in policy making
Judicial Philosophy
The Oyez ProjectSupreme Court of the United StatesTextbook PowerPoint
Websites