4.16: Intro to Federal JudiciaryAP U. S. GOVERNMENT

The Judicial BranchThe judicial branch of the federal government consists of all federal courts.

Article III of the Constitution established the U.S. Supreme Court and then gave Congress the authority to create lower federal courts as it saw fit.

The American Court StructureThe U.S. has a dual court system.

dual court

One system of state and local courts and another

system of federal courts.

The Judicial BranchThe main source of power for the judicial branch is judicial review, yet that concept is not in the Constitution.

The power of judicial review – to determine whether acts of Congress or the president are constitutional – was discussed at the constitutional convention and ultimately omitted (it is neither endorsed nor banned).

The Judicial BranchJudicial review is derived from the Supreme Court’s ruling

in Marbury v. Madison (1803).

Chief Justice John Marshall (a leading Federalist) declared in the court’s opinion that the judicial branch had the power and duty to “say what the law is.”

The act of judicial review requires a court to interpret the meaning of the Constitution as it applies to a particular situation.

Eras in Supreme Court History

Eras and Issues Handled by the U.S. Supreme CourtFrom the beginning, the Supreme Court of the United States (SCOTUS) has had an important role in shaping the policies and history of our country.

There have been several “eras” during which a number of cases related to some issue have been decided and made a lasting impact.

Eras and Issues Handled by the U.S. Supreme CourtFrom the 1780s until the 1860s, the Court decided important cases clarifying the powers of the national government and the state governments.

◦McCulloch v. Maryland (1819)◦ SCOTUS held that Congress has the implied powers derived from Article 1,

Section 8 – “necessary & proper clause” gave Congress ability to establish 2nd

national bank

◦Dred Scott v. Sanford◦ SCOTUS ruled that slaves were property, not citizens & had no right to sue in federal

courts & state laws applied to Scott remaining a slave in Missouri

Eras and Issues Handled by the U.S. Supreme CourtFrom the 1880s to the 1930s, the Court dealt with issues arising from rapid industrialization and economic growth taking place.

These cases often dealt with conflicts between business and labor or between state and employer.

Eras and Issues Handled by the U.S. Supreme CourtThe Court during this period maintained a laissez-faire economic philosophy and frequently struck down laws regulating working conditions.

The Court was activist in frequently overturning laws passed by democratically elected legislatures, but it was conservative in its beliefs.

Examples: the Court struck down laws that were designed to protect the right to join a union and to prevent child labor.

Eras and Issues Handled by the U.S. Supreme CourtWhen the New Deal first began, the Court continued striking down many of the laws as it had been doing.

Part-way through the New Deal, the Court reversed itself – partially pressured by FDR’s “court-packing scheme” – and began upholding regulations.

From the 1930s to the present, the Court’s most notable cases have mostly dealt with individual rights and discrimination against various groups.

Eras and Issues Handled by the U.S. Supreme CourtIn the “modern” era…◦ 1950s-1970s: Civil rights

◦ 1960s-1970s: Speech and religion; privacy; expanding rights for criminal defendants

◦ 1980s: Rulings that bolstered law enforcement

◦ 1990s – present: Rulings restricting federal power, cases about abortion, affirmative action, gun control, and other controversial issues

Structure of Federal Court System

Structure of the Court System

Federal State

U.S. District Courts

(91)

U.S. Claims Court

U.S. Tax Court

U.S. Bankruptcy Court

Court of Int'l Trade

Unites States Courts of Appeals

First Circuit through Eleventh Circuit

D.C. Circuit

Federal Circuit

United States Supreme Court

State Trial Courts

(limited and general jurisdiction)

State Intermediate Appellate Courts

State Supreme Courts

Structure of the Federal Courts

Structure of the Federal Courts

U.S. Supreme Court

U.S. Courts of Appeals

(12 Regional Circuit Courts plus

the Federal Circuit)

Specialty Courts

Administrative agency decisions

94 U.S. District Courts

The Federal Court System

• The United States has a dual court system.

• The Judiciary Act of 1789 organized the federal courts into

three tiers. Today these tiers consist of the district courts, the

courts of appeals, and the Supreme Court.

• Through its powers of judicial review, the judicial branch plays

a critical role in the system of checks and balances.

The Federal Court System

The Federal Court System (cont.)The allocation of original vs. appellate jurisdiction in today’s federal courts:

◦ District courts: 100% original

◦ Courts of Appeal: 100% appellate

◦ Supreme Court: ~ 99.9% appellate, ~0.1% original

State court cases that raise “federal questions” they may be appealed to the U.S. Supreme Court.

As previously noted, state court systems typically follow the same three-tiered structure as the federal system.

Federal Court - Levels

United States District Courts

United States Courts of Appeals

United States Supreme Court

Structure of the Federal CourtsThere are 94 federal District Courts, which is where most federal cases begin.

Arranged geographically; at least one within each state.◦But NOT connected with state government.

Cases from those District Courts can be appealed up to the Court of Appeals in which they are located, and all decisions made by a Court of Appeals are binding on all of the District Courts in that circuit.

U.S. District CourtsSample name: United States District Court for the Middle District of Florida.

Parties:◦ Plaintiff (initiates action).

◦ Defendant (person being sued).

One judge presides over the case.◦ Case may be tried to a jury or may be a “bench trial.”

Structure of the Federal CourtsThere is one U.S. Supreme Court, which can hear appeals from the U.S. Courts of Appeals and from the state supreme courts (and a small percentage of cases that originate there).

There are 13 Courts of Appeals – States are divided into 11 geographic “Circuits” plus 1 for Washington, D.C. and 1 for the “Federal Circuit.” ◦ Courts of Appeals are sometimes called Circuit Courts.

Structure of the Federal Courts

U.S. Courts of AppealsParty who loses in district court has an AUTOMATIC right to an appeal.

13 U.S. Courts of Appeals.◦ 12 are geographic.

◦ One is a specialty court (Federal Circuit).

Sample name: United States Court of Appeals for the Eleventh Circuit (“Eleventh Circuit”).

U.S. Courts of AppealsParties:◦ Appellant

◦ Appellee

Three judges (“the panel”) hear legal arguments only.◦ No jury.

◦ No new evidence/no witnesses.

U.S. Courts of AppealsTypes of relief:◦ Affirms / Upholds = agrees with decision in trial court.

◦ Reverses / Overturn = disagrees with decision in trial court.

◦ Remands = sends back to trial court for further proceedings (probably with some instructions).

What happens to the party who loses in the appellate court?

• Court of last resort in all questions of

federal law and U.S. Constitution.

• The court may hear cases:

Appealed from federal courts of appeal.

Appealed directly from federal district courts.

Appealed from the high court of a state, if claims under federal law or the Constitution are involved.

The United States Supreme Court

U. S. Supreme CourtHighest court in the land◦ Final court where a lower court case can be appealed

◦ Decisions of the USSC are final

USSC is an appeals court – no juries

Supreme Court JusticesA member of the USSC is called a Justice◦ 9 Justices on USSC (8 associate, 1 chief)

◦ Current Chief Justice is John Roberts (2005 by President George Bush

◦ 1967 – Johnson appointed 1st African American to USSC–Thurgood Marshall

◦ 1981 – President Reagan appointed 1st woman to USSC – Sandra Day O’Connor

Supreme Court JusticesThere are currently 6 men and 3 women on USSC

USSC Justices are appointed by President for life◦ Must be approved by the Senate

There are no set qualifications to be a USSC Justices◦ Many have been lower court judges

◦ All have been lawyers

The United States Supreme Court

The U.S. Supreme Court is composed of:

• A chief justice

• Eight associate justices

Each member of the court is appointed for life

by the president and affirmed by the Senate.

Appealing Cases to Higher CourtsWhile SCOTUS is primarily an appeals court, it can review only a tiny fraction of the cases that it might review.

Most cases are resolved at the trial (district) court level.◦ Most criminal cases are resolved by plea bargain, so there is no trial and no appeal.

◦ Most criminal defendants who go to trial are convicted, but often the case is pretty open-and-shut, so there is little basis for appeal.

◦ If there is a trial and the defendant is found to be not guilty, the prosecution cannot appeal.◦ Many civil cases are settled out-of-court before trial.

◦ But if a civil case goes to trial, the loosing party can usually appeal and often does so.

Appeals from Federal District Courts to the Court of Appeals are fairly automatic if requested.

But appeals from the (federal) Courts of Appeal or from state Supreme Courts to the SCOTUS are rarely automatic.

Operation of Federal Courts

Operation of the Federal CourtsBefore a case can even be heard by a court, it must be determined which court is the proper one to handle the case. That is a matter of jurisdiction – the geographic and subject-matter limitations of which courts hear which cases.

In addition to location, there are two basic types of jurisdiction: original and appellate.

Operation of the Federal CourtsOriginal jurisdiction is when a court hears a case for the first time; courts with original jurisdiction are also known as “trial courts” because that is where trials take place.

Appellate jurisdiction is when a court hears a case only after a lower court has made a ruling and the losing side “appeals” it. There are legal arguments, but no trial.

Operation of the Federal CourtsDistrict courts only have original jurisdiction.

Courts of Appeals only have appellate jurisdiction.

The Supreme Court has both original and appellate jurisdiction, but more than 95% of its cases come via appellate jurisdiction.

Federal CourtsWhat kinds of cases can a federal court hear?

The court must have jurisdiction:◦ “The power, right, and authority to interpret the law.”

Two types of federal-court jurisdiction:◦ Federal-question jurisdiction.

◦ Diversity jurisdiction.

Federal Court JurisdictionJurisdiction – the authority to hear and decide a case

Times when a case goes to federal court and not to our state courts◦ Most cases go to state court

Federal Court JurisdictionSpecial situations:

◦Cases involving the Constitution (i.e., freedom of speech)

◦Cases involving breaking of federal laws (i.e., tax evasion, kidnapping, treason)

◦Cases involving admiralty and maritime laws (i.e., jewels in the Titanic)

◦Cases involving disagreement or dispute with the U. S. government (i.e., U. S. Army van hits your vehicle)

Federal Court Jurisdiction◦Cases involving disputes between states

◦Cases involving disputes between citizens of different states

◦Cases involving disputes between the U. S. government and a foreign government

◦Cases involving U. S. Diplomats serving in a foreign country

Federal Question JurisdictionCase involves:◦ Federal statute or law.

◦ U.S. constitution.

Examples:◦ Johnson vs California

◦ Legitimacy of laws ( violent video games)

◦ Furman vs. Georgia

Diversity JurisdictionFederal courts can hear questions of state law, IF:◦The parties are citizens of different states, AND

◦The value of the case EXCEEDS $75,000 (the “amount in controversy” requirement).