INTRODUCTION TO THE JUDICIAL BRANCH

In brief…

Judicial system in brief

The judicial system functions on 2 levels:› Federal› State

Overwhelming majority of cases are heard at the state and local court level.

Criminal cases: fraud, bribery, violent crimesCivil cases: involve disputes over property, $, contracts & personal injury

State and federal courts are organized in a hierarchal way.

Supreme Court

court of appeals

trial courts

Review cases if there are matters of legal procedure or law is an issue

Jury or judges decides case; all cases start here

Which courts hear which cases?

Federal Courts have jurisdiction over cases that involve:

- a federal crime

- the federal government

- Constitutional rights

- if one party is in a dispute with a stateMOST

CASES GO TO STATE COURTS

•Crimes under state legislation.

•State constitutional issues and cases involving state laws or regulations.

•Family law issues.•Real property issues•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.

•Bankruptcy matters.•Disputes between states

•Admiralty cases.•International trade law matters.

•Patent, copyright, and other intellectual property issues.

•Crimes punishable under both federal and state law.

•Certain civil rights claims.

•"Class action" cases.•Environmental regulations.

•Certain disputes involving federal law

CASES IN FEDERAL OR STATE COURT?

STATE FEDERAL BOTH

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The barest outline of organization & responsibilities

Mentions Supreme Court but no qualifications, requirements, or number of justices

Left it to Congress to establish federal courts below the Supreme Court

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Supreme Court has original jurisdiction in cases involving:› Involving a state and the U.S. government› 2 or more states› Ambassadors, diplomats

› Appellate jurisdiction over cases from lower courts

District courts

Appeals courts

U.S. Supreme Court

STRUCTURE OF THE FEDERAL COURT

SYSTEM

94 district courtsEach state has at least 1

Courts of original jurisdictionVast majority deal with civil matters

Have jury trials – only federal courts that do

Appeals Courts

Immediate court of appeals from district courtsTotal of 13

1 for each of the 11 circuits (1 for District of Columbia only 1 for specialized issues like patents & copyrights

Decisions are made by 3 judge panel of circuit court judges; decisions are binding in that circuit ONLY

Focus on legal arguments & procedures

only – facts of case assumed

true

How appeals courts work…

No witnesses No evidence No jury

Rather…lawyers present written arguments called briefs (summarize their views of legal issues of case)

Decisions are made by a panel of 3 justices from that circuit

Judges in circuit courts are rotated from case to case prevent bias

Appellate courts activity…

Safford Unified School District #1 v. Redding,› http://

www.youtube.com/watch?v=t9QQCiT1e_w

An introduction to U.S. Supreme Court

http://education-portal.com/academy/lesson/overview-of-the-us-supreme-court.html#lesson

U.S. Supreme Court

Supreme Court of the United States (from left to right) Clarence Thomas, Sonia Sotomayor, Antonin Scalia, Stephen Breyer, John G. Roberts, Samuel A. Alito, Anthony Kennedy, Elena Kagan, Ruth Bader Ginsburg.

Justices & Appointment• 9 justices (8 associate judges & 1 chief justice)• Appointed for life by the president; confirmed by the Senate

Why for

life?

Senatorial courtesy: tradition – Senate will not approve a nominee for a federal district position if a senior senator from nominee’s state & member of president’s party objects to appointment.

Supreme Court in action

The work of the Supreme Court can be split into 2 phases:

• Determining which of the cases the court will hear

Selection

• The ruling of the court & the written opinionsDecision

The Selection Process…which cases are picked?

Parties submit briefs to the court

Briefs: written documents that summarize the main points of the legal arguments.

3rd parties (advocacy groups) can submit briefs too – amicus curiae

At conference…if four judges vote to hear a case (rule of four)Then…a writ of certiorari is issued (writ of certiorari: formal document stating

to lower court that SC will hear the case)

Judges & clerks review cases to be consideredSignificant ones place on “discuss list” Remainder…placed on “dead list”

Justices meet in conference - opinions

The opinion (written version of decision)

Dissenting opinion – may be written by justices in minority to

reflect positions

Oral arguments scheduled Attorneys for each side have 30 minutes to present case

Judges often interrupt with questions

Review Video links

http://education-portal.com/academy/lesson/what-is-the-jurisdiction-of-the-supreme-court.html#lesson

http://www.annenbergclassroom.org/page/interactive-diagram-of-the-federal-court-system