The National JudiciaryThe National Judiciary

Chapter 18Chapter 18

Dual Court SystemDual Court System

National JudiciaryNational Judiciary and and State Court SystemState Court System– NationalNational: more than 120 courts: more than 120 courts– StateState: own system of courts; hears most cases: own system of courts; hears most cases

Types of Types of Federal CourtsFederal Courts (AKA Inferior Courts: (AKA Inferior Courts: lower courts beneath Supreme Court)lower courts beneath Supreme Court)– Constitutional courtsConstitutional courts: formed under Article III to : formed under Article III to

exercise “the judicial Power of the United States”exercise “the judicial Power of the United States”– Special courtsSpecial courts: narrower range– hear cases : narrower range– hear cases

arising out of some of the expressed powers given arising out of some of the expressed powers given to Congress in Article Ito Congress in Article I

The Federal Judicial The Federal Judicial System: Appellate CourtsSystem: Appellate Courts

Supreme Court– “Court of Last Resort” in US Supreme Court– “Court of Last Resort” in US (Highest Constitutional Court)(Highest Constitutional Court)

US Court of Appeals for the Armed Forces US Court of Appeals for the Armed Forces (Special Court)(Special Court)

12 US Courts of Appeals (CC)12 US Courts of Appeals (CC)

Court of Appeals for the Federal Circuit (CC)Court of Appeals for the Federal Circuit (CC)

The Federal Judicial System:The Federal Judicial System:US Court of Appeals for the Armed US Court of Appeals for the Armed

ForcesForcesHear cases on appeal from the Military Hear cases on appeal from the Military Courts (SC)Courts (SC)– Cases dealing with Army, Navy, Marine Cases dealing with Army, Navy, Marine

Corps, Air Force, and Coast GuardCorps, Air Force, and Coast Guard– Courts of military reviewCourts of military review

The Federal Judicial System: The Federal Judicial System: 12 US Courts of Appeals12 US Courts of Appeals

Hear cases on appeal from 5 types of lower courtsHear cases on appeal from 5 types of lower courts94 District Courts (CC)94 District Courts (CC)– hears 90% of federal cases firsthears 90% of federal cases first– At least one in each stateAt least one in each state– Mostly trial courtsMostly trial courts

US Tax Court (SC)US Tax Court (SC)– Handles disputes between IRS and citizensHandles disputes between IRS and citizens

Territorial Courts (SC)Territorial Courts (SC)– Courts for Virgin Islands, N. Mariana Islands, and GuamCourts for Virgin Islands, N. Mariana Islands, and Guam

Federal Regulatory Agencies (SC)Federal Regulatory Agencies (SC)– Courts for investigative bodies like FCC, SEC, etc.Courts for investigative bodies like FCC, SEC, etc.

Courts of District of Columbia (SC)Courts of District of Columbia (SC)

The Structure of the Federal The Structure of the Federal Judicial SystemJudicial System

The Federal Judicial Circuits (Figure 16.2)The Federal Judicial Circuits (Figure 16.2)

The Federal Judiciary: The Federal Judiciary: Court of Appeals for the Federal Court of Appeals for the Federal

CircuitCircuitHear cases on appeal from 3 different Hear cases on appeal from 3 different types of lower courtstypes of lower courts

Court of International Trade (CC)Court of International Trade (CC)– Issues dealing with customs or imports/exportsIssues dealing with customs or imports/exports

Federal Claims Court (SC)Federal Claims Court (SC)– Claims of damages against US government, Claims of damages against US government,

such as unlawful seizure of private propertysuch as unlawful seizure of private property

Court of Veterans Appeals (SC)Court of Veterans Appeals (SC)

Jurisdiction: authority of a court to Jurisdiction: authority of a court to hear (try and decide) a casehear (try and decide) a case

Federal Court Jurisdiction: power of federal courts to Federal Court Jurisdiction: power of federal courts to hear certain caseshear certain casesSubject MatterSubject Matter– Interpretation of Constitution, treaty, or federal lawInterpretation of Constitution, treaty, or federal law– Question of admiralty or maritime lawQuestion of admiralty or maritime law

Parties InvolvedParties Involved– US, one of its officers, or one of its agenciesUS, one of its officers, or one of its agencies– Ambassadors or other foreign government officialsAmbassadors or other foreign government officials– One of the 50 States, a resident of another State, a foreign One of the 50 States, a resident of another State, a foreign

government, or one of its subjectsgovernment, or one of its subjects– US Citizen suing a foreign government or its subjectsUS Citizen suing a foreign government or its subjects– Citizens of the same State where both claim land from Citizens of the same State where both claim land from

different Statesdifferent States

Exclusive and Concurrent Exclusive and Concurrent JurisdictionJurisdiction

Exclusive Jurisdiction: cases that can ONLY be Exclusive Jurisdiction: cases that can ONLY be heard in certain courtsheard in certain courts– Trial of a person charged with a federal crimeTrial of a person charged with a federal crime– Case involving a foreign officialCase involving a foreign official– Case involving a matter arising out of an act of Case involving a matter arising out of an act of

CongressCongress

Concurrent Jurisdiction: cases that may be tried Concurrent Jurisdiction: cases that may be tried in either a federal court or a State court; sharing in either a federal court or a State court; sharing the power to hear casesthe power to hear cases– Disputes involving citizens of different States Disputes involving citizens of different States

FederalFederalCrimes under Congressional Crimes under Congressional statutesstatutesCased involving federal laws Cased involving federal laws or regs.or regs.– TaxTax– Social SecuritySocial Security– Civil rightsCivil rights– BroadcastingBroadcasting

Matters of interstate and int’l Matters of interstate and int’l commercecommerce– Airline regulationAirline regulation– Railroad regulationRailroad regulation

Cases involving securities Cases involving securities and commodities (takeovers)and commodities (takeovers)Admiralty casesAdmiralty casesInternational trade law International trade law mattersmatters

Admiralty casesAdmiralty casesInternational trade law International trade law mattersmattersPatent, copyright, and Patent, copyright, and intellectual prop. issuesintellectual prop. issuesCases involving treaties, Cases involving treaties, countries, foreignerscountries, foreignersState law disputes when State law disputes when there is “diversity of there is “diversity of citizenship”citizenship”Bankruptcy mattersBankruptcy mattersDisputes between statesDisputes between statesHabeas corpus actionsHabeas corpus actionsTraffic violations and Traffic violations and misdemeanors occurring on misdemeanors occurring on federal propertyfederal property

StateStateCrimes under state Crimes under state legislationlegislation

State constitutional State constitutional issues, state laws or issues, state laws or regulationsregulations

Family law issuesFamily law issues

Real property issuesReal property issues

Landlord and tenant Landlord and tenant issuesissues

Private contract Private contract disputes (except disputes (except those resolved under those resolved under bankruptcy law)bankruptcy law)

Regulation of trade Regulation of trade and professionsand professions

Professional Professional malpracticemalpractice

International International governance of governance of business associationsbusiness associations

Personal injury suitsPersonal injury suits

Workers’ injury claimsWorkers’ injury claims

Probate and Probate and inheritance mattersinheritance matters

Traffic violations and Traffic violations and motor vehicle reg.motor vehicle reg.

Concurrent: State or FederalConcurrent: State or Federal

Crimes punishable under both federal or Crimes punishable under both federal or state lawstate law

Federal constitutional issuesFederal constitutional issues

Certain civil rights claimsCertain civil rights claims

““class action” casesclass action” cases

Environmental regulationsEnvironmental regulations

Certain disputes involving federal lawCertain disputes involving federal law

Original and Appellate JurisdictionOriginal and Appellate Jurisdiction

Original Jurisdiction: possessed by a court in which a Original Jurisdiction: possessed by a court in which a case is first heardcase is first heard

Appellate Jurisdiction: possessed by a court that hears Appellate Jurisdiction: possessed by a court that hears a case on appeal from a lower courta case on appeal from a lower court– May uphold lower court’s rulingMay uphold lower court’s ruling– May overrule lower court’s ruling (reverse)May overrule lower court’s ruling (reverse)– May modify the lower court’s rulingMay modify the lower court’s ruling

Federal Courts and Original JurisdictionFederal Courts and Original Jurisdiction– District Courts: only original jurisdictionDistrict Courts: only original jurisdiction– Courts of Appeals: only appellate jurisdictionCourts of Appeals: only appellate jurisdiction– Supreme Court: both original AND appellate jurisdictionSupreme Court: both original AND appellate jurisdiction

Supreme Court JurisdictionSupreme Court Jurisdiction

Both original and appellate jurisdictionBoth original and appellate jurisdictionOriginal Jurisdiction (very rare: 2%)Original Jurisdiction (very rare: 2%)– Cases in which a State is a partyCases in which a State is a party– Those affecting ambassadors, public Those affecting ambassadors, public

ministers, and consulsministers, and consuls

Original AND Exclusive JurisdictionOriginal AND Exclusive Jurisdiction– Controversies involving two or more StatesControversies involving two or more States– All cases brought against ambassadors or All cases brought against ambassadors or

other public ministersother public ministers

Appointment of JudgesAppointment of Judges

President appoints ALL federal judges, President appoints ALL federal judges, Senate approvesSenate approves

Senatorial Courtesy: President nominates Senatorial Courtesy: President nominates someone recommended by the senators someone recommended by the senators from the State involved (if senators are from the State involved (if senators are from same party as the President)from same party as the President)

Supreme Court JusticesSupreme Court JusticesJohn RobertsJohn Roberts: Chief Justice, 55, Catholic, white: Chief Justice, 55, Catholic, whiteAntonin ScaliaAntonin Scalia: 74, Catholic, white: 74, Catholic, whiteAnthony KennedyAnthony Kennedy: 73, Catholic, white, swings : 73, Catholic, white, swings conservativeconservativeClarence ThomasClarence Thomas: 61, Catholic, black: 61, Catholic, blackRuth Bader GinsburgRuth Bader Ginsburg: 77, Jewish, white: 77, Jewish, whiteStephen BreyerStephen Breyer: 71, Jewish, white: 71, Jewish, whiteSamuel AlitoSamuel Alito: 60, Catholic, white: 60, Catholic, whiteSonia SotomayerSonia Sotomayer: 55, Catholic, Hispanic, : 55, Catholic, Hispanic, swings liberalswings liberalElena KaganElena Kagan: 50, Jewish, white: 50, Jewish, white

Judicial Activism and Judicial Judicial Activism and Judicial RestraintRestraint

Activism: Judge should use his or her Activism: Judge should use his or her position to promote desirable social endsposition to promote desirable social ends

Restraint AKA Strict Constructionist: Restraint AKA Strict Constructionist: judges should defer to the actions of the judges should defer to the actions of the executive and legislative branches in executive and legislative branches in making their decisionsmaking their decisions

Terms and Pay of JudgesTerms and Pay of Judges

Terms: “times of good behavior”– life Terms: “times of good behavior”– life termsterms– May resign, retire, or dieMay resign, retire, or die– Removed only through impeachment processRemoved only through impeachment process

Congress sets salaries and retirement Congress sets salaries and retirement arrangements for federal judgesarrangements for federal judges

Judicial ReviewJudicial Review

Power to decide the constitutionality of an act of Power to decide the constitutionality of an act of governmentgovernment

SC is final authority on meaning of the ConstitutionSC is final authority on meaning of the Constitution

Marbury v. MadisonMarbury v. Madison: established judicial review: established judicial review– Marbury appointed to justice of the peace, confirmed; Marbury appointed to justice of the peace, confirmed;

President Adams signs commissionPresident Adams signs commission– Incoming President tells new Secretary Madison not to Incoming President tells new Secretary Madison not to

deliver commission for Marburydeliver commission for Marbury– Marbury asks SC to force delivery via a Marbury asks SC to force delivery via a writ of writ of mandamus, mandamus,

based on Judiciary Act of 1789based on Judiciary Act of 1789– Chief Justice Marshall refuses Marbury’s request, found part Chief Justice Marshall refuses Marbury’s request, found part

of Judiciary Act in reference unconstitutional of Judiciary Act in reference unconstitutional

How Cases Reach the CourtHow Cases Reach the Court

Approximately 8000 requests received a yearApproximately 8000 requests received a year

Usually reach SC by Usually reach SC by writ of certiorariwrit of certiorari– An order by the Court directing a lower court to An order by the Court directing a lower court to

send up a case for reviewsend up a case for review– 98% denied, lower court’s decision stands98% denied, lower court’s decision stands

No real harm, political questionNo real harm, political question

No strong Constitutional issueNo strong Constitutional issue

A few reach SC by A few reach SC by certificatecertificate– Request by a lower court to certify an answer about Request by a lower court to certify an answer about

a procedure or rule of law applying to a casea procedure or rule of law applying to a case

How Cases Reach the Court: How Cases Reach the Court: Rule of FourRule of Four

Four out of nine justices agree that case Four out of nine justices agree that case should be put on the docketshould be put on the docket

Most requests are deniedMost requests are denied

How Cases Reach the Court: How Cases Reach the Court: The DocketThe Docket

List of cases the Supreme Court is going List of cases the Supreme Court is going to hearto hear

Only about 100 casesOnly about 100 cases

How Cases Reach the Court: How Cases Reach the Court: BriefsBriefs

Written documents in support of one side Written documents in support of one side of a case of a case

Filed with the Court before oral argumentsFiled with the Court before oral arguments

Amicus curiaeAmicus curiae briefs: “Friend of the court” briefs: “Friend of the court”– Not actual parties but have a key interestNot actual parties but have a key interest– Highly charged mattersHighly charged matters

How Cases Reach the Court: How Cases Reach the Court: Oral ArgumentsOral Arguments

October-early MayOctober-early May

Presentations limited to 30 minutesPresentations limited to 30 minutes

Includes questions from justicesIncludes questions from justices

How Cases Reach the Court: How Cases Reach the Court: ConferenceConference

Justices meet in secretJustices meet in secret

Chief Justice presidesChief Justice presides

Discuss oral arguments and debateDiscuss oral arguments and debate

6 must be present to vote6 must be present to vote

5 needed for a majority5 needed for a majority

Tie– refer back to lower CourtTie– refer back to lower Court

How Cases Reach the Court: How Cases Reach the Court: OpinionOpinion

Chief Justice assigns if in majority, or senior Chief Justice assigns if in majority, or senior associate justice if in minorityassociate justice if in minorityMajority opinion: announces Court’s decision Majority opinion: announces Court’s decision and sets out reasoningand sets out reasoning– Serve as PRECEDENTS for future casesServe as PRECEDENTS for future cases– Examples to be followed in similar cases in lower Examples to be followed in similar cases in lower

courts or future Supreme Court casescourts or future Supreme Court cases

Concurring opinion: agree with majority but Concurring opinion: agree with majority but written to emphasize a point not made in the written to emphasize a point not made in the majority opinionmajority opinionDissenting opinion: written when justices do not Dissenting opinion: written when justices do not agree with majority decisionagree with majority decision