The Judicial BranchThe Judicial Branch Federal CourtsFederal Courts

The Supreme CourtThe Supreme Court Types of Law (Ch. 15 & 16)Types of Law (Ch. 15 & 16)

The Federal Court SystemThe Federal Court System

Article III of the Article III of the Constitution Constitution established the established the Federal Court Federal Court system w/ the system w/ the Supreme Court as Supreme Court as the final authority the final authority on the lawon the law

Federal Court CasesFederal Court Cases JurisdictionJurisdiction-a court’s authority to hear -a court’s authority to hear

and decide casesand decide cases Article III gives the federal courts Article III gives the federal courts

jurisdiction over 8 kinds of cases:jurisdiction over 8 kinds of cases: Cases involving the ConstitutionCases involving the Constitution Violations of Federal lawsViolations of Federal laws Controversies between statesControversies between states Disputes between parties from different statesDisputes between parties from different states Suits involving the fed gov’tSuits involving the fed gov’t Cases involving foreign gov’ts & treatiesCases involving foreign gov’ts & treaties Cases based on maritime laws (naval)Cases based on maritime laws (naval) Cases involving U.S. diplomatsCases involving U.S. diplomats

Types of JurisdictionTypes of Jurisdiction

Exclusive jurisdictionExclusive jurisdiction--only federal courts may only federal courts may hear & decide a casehear & decide a case

Concurrent Concurrent jurisdictionjurisdiction-a case may -a case may be heard in either state be heard in either state or federal courtsor federal courts

Constitutional CourtsConstitutional Courts

Congress has created three types of Congress has created three types of lower federal courts:lower federal courts: Federal district courtsFederal district courts Circuit court of appealsCircuit court of appeals Federal appeals courtFederal appeals court

94 Federal District Courts94 Federal District CourtsDistrict courtsDistrict courts-where -where

trials are held and trials are held and lawsuits are begun (at lawsuits are begun (at least 1 per state, D.C., least 1 per state, D.C., Puerto Rico, Virgin Puerto Rico, Virgin Islands, Guam, N. Islands, Guam, N. Mariana Islands)Mariana Islands)

1 judge & jury decide 1 judge & jury decide case based on case based on evidence presentedevidence presented

District courts have District courts have original jurisdictionoriginal jurisdiction--the authority to hear a the authority to hear a cases for the first timecases for the first time

Federal Court Law EnforcementFederal Court Law Enforcement

The law enforcement The law enforcement branch for the US branch for the US District Courts are the District Courts are the US MarshalsUS Marshals

Marshals’ jobs:Marshals’ jobs: Deliver subpoenasDeliver subpoenas Track down fugitivesTrack down fugitives Protect judges and Protect judges and

court officials, jurorscourt officials, jurors

Federal Court AttorneysFederal Court Attorneys

US Attorneys US Attorneys work work for the fed gov’t as for the fed gov’t as prosecutors in prosecutors in criminal cases and criminal cases and defense attorneys for defense attorneys for civil suitscivil suits

Federal Magistrate JudgesFederal Magistrate Judges Officers of a federal district court Officers of a federal district court

(independent, unbiased view of case (independent, unbiased view of case according to the law) according to the law) conduct initial proceedings in felony cases conduct initial proceedings in felony cases

(warrants, bail/bond hearings, subpoenas)(warrants, bail/bond hearings, subpoenas) decide misdemeanor cases (traffic cases)decide misdemeanor cases (traffic cases) conduct many pretrial civil and criminal matters conduct many pretrial civil and criminal matters decide civil cases with the parties’ consent (small decide civil cases with the parties’ consent (small

claims court under $5000)claims court under $5000)

Full-time magistrate judges serve eight-year Full-time magistrate judges serve eight-year terms & can be reappointed by their district court.terms & can be reappointed by their district court.

Circuit Courts of AppealsCircuit Courts of Appeals The job of the The job of the appeals appeals

courtcourt is to review is to review decisions made in decisions made in lower district courtslower district courts Appellate Appellate

jurisdictionjurisdiction-authority -authority of the court to hear a of the court to hear a case appealed from a case appealed from a lower courtlower court

Appeal-Appeal-to review a to review a case to see if defendant case to see if defendant received due processreceived due process

12 Circuit Courts of Appeals12 Circuit Courts of Appeals

Each one covers a Each one covers a particular particular geographic area geographic area called a called a circuitcircuit

Roughly divided by Roughly divided by populationpopulation

1212thth is a special is a special federal circuit of federal circuit of appealsappeals

Circuit Courts of AppealsCircuit Courts of Appeals

Each court has three judges (majority rule)Each court has three judges (majority rule) Appeals courts Appeals courts do notdo not hold trials. These hold trials. These

courts may decide an appeal in one of 3 courts may decide an appeal in one of 3 ways:ways: Uphold the original decision (you got a fair trial)Uphold the original decision (you got a fair trial) Reverse that decision Reverse that decision RemandRemand the case (send the case back to the the case (send the case back to the

lower court to be heard again)lower court to be heard again)

Circuit Courts of AppealsCircuit Courts of Appeals When an appeals court When an appeals court

makes a decision, one makes a decision, one judge writes an judge writes an opinionopinion (a detailed (a detailed explanation of the legal explanation of the legal thinking behind the thinking behind the court’s decision)court’s decision)

PrecedentPrecedent-a ruling -a ruling that is used as the that is used as the basis for a judicial basis for a judicial decision in a later, decision in a later, similar casesimilar case

4 Legal System Principles4 Legal System Principles

1. Equal Justice under the 1. Equal Justice under the LawLaw-every person is -every person is entitled to full protection of entitled to full protection of the law regardless of the law regardless of wealth, ethnic group, wealth, ethnic group, gender, or age gender, or age

Right to due process, trial Right to due process, trial by peers, ability to sue in by peers, ability to sue in court, fair punishment (5court, fair punishment (5thth through 8through 8thth amendments) amendments)

4 Legal System Principles4 Legal System Principles

2. Due process of the 2. Due process of the lawlaw- law must be - law must be applied in fair manner applied in fair manner (5(5thth & 14 & 14thth ) )

Procedural- the way Procedural- the way the law is the law is administered to avoid administered to avoid violating person’s violating person’s basic freedomsbasic freedoms

4 Legal System Principles4 Legal System Principles

3. Adversary system3. Adversary system- - arena in which arena in which lawyers from lawyers from opposing sides opposing sides present their present their strongest casesstrongest cases

Prosecutor= stateProsecutor= state Defense= Defense=

defendantdefendant

4 Legal System Principles4 Legal System Principles

4. Presumption of 4. Presumption of InnocenceInnocence- person is - person is innocent until proven innocent until proven guiltyguilty

Burden of proof falls Burden of proof falls on the prosecutionon the prosecution

Innocence Project- Innocence Project- Barry ScheckBarry Scheck

The Supreme CourtThe Supreme Court

Article III created Article III created Supreme Court as Supreme Court as coequal branch of coequal branch of govt with Congress govt with Congress & president& president

Last resort in all Last resort in all questions of law-questions of law-final decisionfinal decision

The Supreme CourtThe Supreme Court

Jurisdiction- both original (>1%) & Jurisdiction- both original (>1%) & appellate (99%)appellate (99%) Cases involving reps from foreign countries & Cases involving reps from foreign countries &

certain cases involving 2 or more states certain cases involving 2 or more states (original)(original)

Cases appealed from lower cts & high state ctsCases appealed from lower cts & high state cts

Authority to rule on federal issue only Authority to rule on federal issue only (Constitution/federal laws)(Constitution/federal laws)

The Supreme CourtThe Supreme Court

Criteria for cases heardCriteria for cases heard

1. Only cases where decision will make a 1. Only cases where decision will make a difference in society (end segregation; difference in society (end segregation; right to choose)right to choose)

2. Person/group bringing case must have 2. Person/group bringing case must have suffered real harm (civil rights/$ loss) suffered real harm (civil rights/$ loss)

3. Only cases that involve a substantial 3. Only cases that involve a substantial federal question (constitutionality) federal question (constitutionality)

4. Court doesn’t deal with political 4. Court doesn’t deal with political questionsquestions

Powers of the Supreme CourtPowers of the Supreme Court

Judicial reviewJudicial review-the power of the -the power of the Supreme Court to say whether any Supreme Court to say whether any federal, state or local law or federal, state or local law or government action goes against the government action goes against the ConstitutionConstitution

Advisory opinions-Advisory opinions- rule on a law or rule on a law or action that has not been challengedaction that has not been challenged

Limits on Supreme Court’s PowerLimits on Supreme Court’s Power

The President does not have to enforce the The President does not have to enforce the court’s opinioncourt’s opinion

Congress can get around a court’s decision Congress can get around a court’s decision by passing a new law or changing a law by passing a new law or changing a law ruled unconstitutional by the Courtruled unconstitutional by the Court

Justices can be impeachedJustices can be impeached The court can only hear & decide those The court can only hear & decide those

cases that come to itcases that come to it

Supreme Court JusticesSupreme Court Justices Supreme Court justices- 9 Supreme Court justices- 9

justices – 8 associates & 1 justices – 8 associates & 1 chief justice chief justice $208,100/yr assoc; $217,400/yr $208,100/yr assoc; $217,400/yr

chiefchief Appointed by Pres & approved Appointed by Pres & approved

by Senateby Senate Can be impeachedCan be impeached Law degree, state or federal Law degree, state or federal

judgeship (influential positions)judgeship (influential positions) American Bar Association American Bar Association

(ABA)-Nat’l organization for (ABA)-Nat’l organization for lawyers-rates qualifications of lawyers-rates qualifications of supreme ct nominees- helps supreme ct nominees- helps president make decisionpresident make decision

Supreme Court JusticesSupreme Court JusticesDuties-Duties- Decide which cases to hear for the termDecide which cases to hear for the term Deciding the case itself Deciding the case itself Determining an explanation for the decisionDetermining an explanation for the decision Each justice presides over 12 circuit courts of Each justice presides over 12 circuit courts of

appeals (request for special action)appeals (request for special action) Extra duties-Nuremberg trials, Kennedy Extra duties-Nuremberg trials, Kennedy

assassinationassassination

Law clerks- top law students aid the justicesLaw clerks- top law students aid the justices Read all appeals & summarize key issuesRead all appeals & summarize key issues

Supreme Court Case ProceduresSupreme Court Case Procedures Supreme court term- 8 months (Oct-July) sits 2 weeks Supreme court term- 8 months (Oct-July) sits 2 weeks

per month & hears oral argumentsper month & hears oral arguments 7,500 cases appealed in 20047,500 cases appealed in 2004 @ 500 cases are decided upon@ 500 cases are decided upon 74 cases receive full hearings & written opinions74 cases receive full hearings & written opinions

On appeal-On appeal- case heard when lower fed court or high case heard when lower fed court or high state court has ruled law unconstitutionalstate court has ruled law unconstitutional Only about 10% come by appeal and most are dismissedOnly about 10% come by appeal and most are dismissed

Writ of Certiorari-Writ of Certiorari- order from the supreme ct to lower ct order from the supreme ct to lower ct to send up records on a case for reviewto send up records on a case for review Over 90% of cases are rejectedOver 90% of cases are rejected

Per Curiam opinion-Per Curiam opinion- brief unsigned statement of the brief unsigned statement of the court’s decisioncourt’s decision

BriefBrief- written statement sets forth the legal arguments, - written statement sets forth the legal arguments, relevant facts, & precedents supporting each side of relevant facts, & precedents supporting each side of the case.the case.

Supreme Court DecisionsSupreme Court DecisionsOpinionsOpinions Unanimous- all vote the same wayUnanimous- all vote the same way Majority- expresses views of the majority Majority- expresses views of the majority Concurring- agree with majority’s Concurring- agree with majority’s

conclusions but for different reasonsconclusions but for different reasons Dissenting- disagree with the majorityDissenting- disagree with the majority

5 factors shaping court decisions5 factors shaping court decisions1. Existing laws (1. Existing laws (Stare DecisisStare Decisis- “let the - “let the

decision stand”)decision stand”)2. Justices’ personal views2. Justices’ personal views3. Justices’ interactions with each other3. Justices’ interactions with each other4. Social forces & public attitudes4. Social forces & public attitudes5. Congress & President5. Congress & President

Amicus Curiae-Amicus Curiae- “friend of the court” “friend of the court” individuals orindividuals or

group that have an interest in a particulargroup that have an interest in a particularoutcome of a decision (lobbying)outcome of a decision (lobbying)

TYPES OF LAWTYPES OF LAW Due ProcessDue Process

Civil Law & Criminal LawCivil Law & Criminal Law Trials & SentencingTrials & Sentencing

Due Process of LawDue Process of Law

1. Federal Magistrate views evidence 1. Federal Magistrate views evidence against a suspect prior to grand jury, to against a suspect prior to grand jury, to see if it has enough credibility to be see if it has enough credibility to be taken to the grand jurytaken to the grand jury

2. The grand jury will deem that the 2. The grand jury will deem that the suspect has been suspect has been indictedindicted (formally (formally accused of the crime)accused of the crime)

Due Process Cont’d.Due Process Cont’d.3. Arrest- suspect is 3. Arrest- suspect is

presented w/ arrest presented w/ arrest warrant (probable cause warrant (probable cause of a crime) & taken into of a crime) & taken into custody (danger to custody (danger to themselves/others)themselves/others)

4. Booking- gather info 4. Booking- gather info about suspect about suspect (fingerprints, photo, ID)(fingerprints, photo, ID)

Due Process Cont’d.Due Process Cont’d.5. Arraignment takes place 5. Arraignment takes place

in front of a judgein front of a judge Formally read the charges Formally read the charges

being brought against the being brought against the suspectsuspect

Formally tell the evidence Formally tell the evidence against the suspectagainst the suspect

Plead guilty or not guiltyPlead guilty or not guilty Plea bargainPlea bargain (plead (plead

guilty to a lesser crime to guilty to a lesser crime to avoid a trial)avoid a trial)

Convicted & sentenced by Convicted & sentenced by judge immediately!judge immediately!

Types of TrialsTypes of TrialsCivil trial- disputes between 2 or more Civil trial- disputes between 2 or more individuals or individual(s) & gov’tindividuals or individual(s) & gov’t Usually seeking damages (money)Usually seeking damages (money) Plaintiff- person who brings charges in civil suit/gov’tPlaintiff- person who brings charges in civil suit/gov’t Defendant- person against whom the suit is broughtDefendant- person against whom the suit is brought

Criminal trial- charged with breaking Criminal trial- charged with breaking federal/state lawfederal/state law

Prosecution- represents the federal/state gov’t to Prosecution- represents the federal/state gov’t to bringbring charges (District Attorney)charges (District Attorney)

Tax fraud, kidnapping, drug trafficking, murder, Tax fraud, kidnapping, drug trafficking, murder, Counterfeiting, mail fraudCounterfeiting, mail fraud

Types of JuriesTypes of Juries

Grand jury- 16-23 people that hear Grand jury- 16-23 people that hear charges & decide whether to person charges & decide whether to person should be brought to trialshould be brought to trial Indictment-Indictment- formal accusation by the grand formal accusation by the grand

jury charging a person with a crimejury charging a person with a crime

Petit jury- 6-12 people is a Petit jury- 6-12 people is a trial jurytrial jury that that weighs evidence to determine guilt weighs evidence to determine guilt (criminal) or responsibility (civil)(criminal) or responsibility (civil)

TrialTrial Prosecution must Prosecution must

“prove guilt beyond a “prove guilt beyond a reasonable doubt”reasonable doubt”

Defense pokes holes Defense pokes holes in the prosecutions’ in the prosecutions’ case by providing a case by providing a reasonable doubtreasonable doubt

All 12 jurors must All 12 jurors must agree the defendant agree the defendant guiltyguilty

VerdictsVerdicts

Guilty- all 12 jurors agree crime was Guilty- all 12 jurors agree crime was committedcommitted

Not Guilty- all 12 jurors agree there was Not Guilty- all 12 jurors agree there was reasonable doubt (this is not innocence!)reasonable doubt (this is not innocence!)

Hung jury/Mistrial- jurors cannot agree on Hung jury/Mistrial- jurors cannot agree on guilty or not guilty (can be re-tried!)guilty or not guilty (can be re-tried!)

SentencingSentencing Sentencing is usually Sentencing is usually

decided by judge decided by judge according to crime according to crime (punishment fits crime)(punishment fits crime)Death Penalty- can be imposed Death Penalty- can be imposed

by jury or judgeby jury or judge 5 methods still used 5 methods still used Lethal injection- most Lethal injection- most

common & primarily used if common & primarily used if other methods are other methods are determined unconstitutional! determined unconstitutional! (36 states + fed gov’t & (36 states + fed gov’t & military)military)

Gas chamber (5 states*) AZ, Gas chamber (5 states*) AZ, CA, MD, MO, WYCA, MD, MO, WY

Electrocution (9 states*) AL, Electrocution (9 states*) AL, AR, FL, IL, KY, OK, SC, TN, VA AR, FL, IL, KY, OK, SC, TN, VA

Hanging (2 states*) NH, WAHanging (2 states*) NH, WA Firing Squad (2 states*) OK, Firing Squad (2 states*) OK,

UTUT