Judicial Branch:
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Transcript of Judicial Branch:
The Federal Court System
Dual Court System◦ State Courts
Deal with state and local issues
◦ Federal Courts Hear cases dealing with an array of different
FEDERAL issues
◦ Confusing? People commit crimes that break both Federal and State laws Rodney King Beating – Broke state and federal laws
Officers acquitted by the state – 2 were found guilty Federal
District Courts – Lowest level on the triangle◦ 94 Scatter across the country◦ 80% of the federal caseload (300,000 a year)◦ 1st to hear most federal cases◦ Number of judges for each court◦ Runs like most courts you see on TV – judge, jury
witnesses
Cases they hear FIRST◦ Federal Crimes, Bankruptcy, Maritime disputes
and Civil suit between 2 or more people from separate states concerning $50,000.00 or more
PA – 3 District Regions◦ http://www.pawd.uscourts.gov/Pages/district.htm◦ http://www.paed.uscourts.gov/index.htm◦ http://www.pamd.uscourts.gov/default.htm
13 Appellate Courts◦ 12 courts cover specific regions◦ 1 covers special issues
No jury, no witnesses and no evidence Panel of judges
◦ Make sure lower court proceedings were done correctly Reverse lower court Affirm lower court
Washington D.C. Highest Court in the land Final court of appeals 2001 – 9176 cases were brought to S.C. – Only
88 were heard Cases of Original Jurisdiction – 1st to hear
◦ Treaties◦ People vs. State◦ US vs. State ◦ State or Federal law is unconstitutional◦ 2 states are in a dispute ◦ Foreign ambassadors or diplomats
Federal Judges – District and Circuit Courts Justices – 9 total – Supreme Court
◦ $190,000 - $200,000 a year
No specific qualifications – age, or schooling◦ Usually former federal judges
President appoints all of the judges and justices ◦ Approved by the Senate
Serve for LIFE!
Civil Court◦ Settle
Disagreements Divorce Broken Contracts Property Damage
◦ Result = Money◦ Players
Plaintiff – brings a complaint forward
Defendant
Criminal Courts◦ Decide whether a
law was broken◦ Result = Fine,
prison, probation, community service
◦ Players Prosecution – brings
forth the criminal charges “The people”
Defendant
Get your case to the Supreme Court◦ Appeal it from lower courts◦ Original Jurisdiction cases
State vs. Citizen US vs. State
◦ Usually only hear cases that involve controversial issues
Decisions◦ Let lower court decision stand◦ Writ of Cert
Court decides to hear the case
Study Briefs◦ 100’s of pages – document evidence, testimony
and lower court rulings Hear arguments
◦ 2 Lawyers – one representing each side◦ 30 minutes – Plead your case
Discuss case in private Take a vote – privately Release their rulings to the public
◦ Opinions
Majority Opinion◦ Winning opinion
Concurring Opinion◦ Agreed with the majority but for other reasons
Dissenting Opinion◦ Losing Opinion
Precedents – influence the lower court rulings◦ A Supreme Court ruling is as powerful as a law
Judicial Review – Ability to rule on whether laws – state or federal – and other actions by government officials are constitutional
◦ they have defined what free speech means and what our other rights “really” are
Debate◦ Judicial Restraint – laws are to be created by
Congress and the president, not the Supreme Court Roe v Wade – No federal law allowing abortion but we
know the highest court said it was a women’s right◦ Judicial Activism – Take active role in policy
making through the courts So what should the courts do???
◦ Be Active or let Congress and the President decide◦ Same sex marriage◦ What is torture?
Flag Burning Student Rights
◦ Free speech and expression Civil Rights
◦ Segregation – School, and public transportation Soon
◦ Hand guns◦ Death penalty
Often cases that go to the Supreme Court are issues that involve people claiming they both had rights◦ Drive in showing nudity and the neighbor that
complained◦ Young girl under the age 18 raped and killed –
news station releases name
◦ The human cannonball and the news station
◦ The newspaper that was sued for not offering equal coverage for candidates
Why did your case go to the Supreme Court?◦ Which case did the Supreme Court have original
jurisdiction over?
Are these cases criminal or civil court cases◦ Remedy
Who is the plaintiff in each case?
Can a case be won by the plaintiff in a district court, lost in the appellate court and then won in the Supreme Court?
Edwards v Aguillard - 1987◦ Louisiana - Balanced Treatment = Evolution +
Creation in the classroom◦ Establishment Clause of the 1st Amendment –
Government cannot advance or deny religious beliefs
◦ Lower Courts – Louisiana was promoting religion◦ Supreme Court – 7/2 promoted religious
indoctrination Dissenting – Students will not become religious…
They should have the opportunity to learn all sides
Kitzmiller v Dover Area S.D. – 2005◦ Did they forget the Edwards case???◦ No, they just changed the wording
Edwards – Creation Dover – Inteligent Design
◦ District Court – Middle District of PA http://www.pawd.uscourts.gov/Pages/district.htm
◦ Parents sued the School – School Board had required religion be part of curriculum
◦ Teachers refused ◦ School board members in favor were NOT re-elected◦ Ruled in favor of the parents
How much control do students have over the school newspaper?
Pregnant students story is removed and a story about students who had divorced parents
Students get mad Rulings
◦ http://www.landmarkcases.org/hazelwood/diagram.html
Supreme Court rules in favor of the school◦ Dissenting – newspaper is a forum for expression
St. Louis paper runs story for the kids
Oregon passes Death with Dignity Act◦ Physician assisted suicide
Terminal illness – 6 months Another doctor confirms illness Mental evaluation 2 witnesses Wait 15 days and request again
Control Substance Act 1970◦ Federal government has authority over drugs –
both legal and illegal◦ Federal government can regulate the way doctors
prescribe drugs
Government did not try to make this a moral issue
Argued that the use of the specific drugs by physicians was not a valid
Lower Courts ruled in favor of Oregon
Supreme Court◦ The drugs they wanted to use were legal ◦ It is not the federal government’s place to decide
what states want to do with them!
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