Here Comes the Judge!

Article III: The Judicial Branch

Make up the 3rd branch of the federal

government Use the law to settle civil disputes (between

people, companies or organizations) Applies the law to the facts presented to

determine the guilt or innocence (Criminal)

Role of the Courts

Means that all the laws are applied equally to

every person Constitution guarantees trial by jury,

presumption of innocence, right to council, right to appeal

Why is equal justice hard to achieve?

Equal Justice Under the Law

Under the Articles of Confederation there were

no federal courts Each State had its own system What does this mean for equal justice under

the law? Supreme Court only court mentioned in the

Constitution Article III Gives Congress the power to

establish “inferior courts”

Federal Courts

District or Circuit Courts- federal cases start

here Appeals Court-when either party questions the

ruling of the lower court or (district court) Supreme Court- has final authority over legal

matters

Federal Court System

Criminal Cases

Civil Cases

Constitutional issues Breaking Federal laws (tax evasion,

kidnapping) Disputes between states ex: water rights Disputes between citizens of different

state Federal Government ex: when the Feds

bring a case against someone or entity

What type of cases go to a federal court?

Foreign governments and treaties ex:

When any foreign government is involved in a dispute with a US citizen, company or government

Admiralty or Maritime Laws – crimes on the open seas

US Diplomats: Example Ambassadors breaking laws

What type of cases go to a federal court?

Exclusive Jurisdiction: only feds hear the case Concurrent Jurisdiction: feds and state courts

may hear case

Types of Jurisdiction

Where all federal trials and lawsuits begin-

known as “original jurisdiction” Witnesses testify and juries hear cases HOW MANY DISTRICTS? WHAT DISTRICT IS NM

IN?

US District Courts

Other names: Appellate Courts, Circuit Courts Reviews the decisions of the lower courts

which is “appellate jurisdiction” No jury a panel of 3 judges reviews and makes

a decision 12 US courts of appeals has jurisdiction over a

specific region Court of Appeals for the Federal Circuit has

nationwide authority

US Court of Appeals

Upholding the findings of a lower court Reversing the findings of a lower court Remanding to send the case back to a lower

court for a retrial Rulings are only on whether any of the

defendants rights have been violated Opinion of the Court is an explanation of the

ruling Opinion often based on Precedent-prior rulings

Decisions of the Court of Appeals 3 Options

The President along with the advise and

consent of the Senate appoints federal judges It’s a political thing/usually the same party

and like philosophy of the Prez A job for life!

So You Want to be a Judge

Magistrates take care of the minor judicial

duties (issue warrants, determine whether a case should go to trial, set bail)

US Attorneys: Each district court has 1 US Attorney and several deputies-they prosecute people who are accused of breaking federal laws

US Marshalls: Collect fines, make arrests, serve legal papers

Other Jobs

Can preside over disputes between states and

cases involving foreign countries Otherwise it hears cases on appeal from lower

courts Gets to choose the cases it hears Refusal to hear a case means the decisions of

the lower court stand

Jurisdiction of the Supreme Court

8 Associate and 1 Chief Justice Main duty is to decide on cases/ but also make

policy indirectly President nominates a justice and the

individual must be confirmed by the Senate Appointed for life No constitutional requirements to be a justice

About the Court

Executive and Legislative Branches must

follow the decisions of the court Judicial Review: The court can review any

federal, state or local law or action to make sure it is constitutional Judicial Review was established in the case of

Marbury v. Madison in 1803 (page 260)

Powers of the Court

Court relies on the executive branch and local

officials to carry out its decisions (think desegregation)

Congress can change or tweek laws deemed unconstitutional

Limits to Power

Meets from the first Monday in October- until

the business of the court is complete usually late June/early July

4 of the 9 Justices must agree to hear a case before it is placed on the court docket

Many cases are appealed to the Supreme Court only a small fraction are heard and even a smaller percentage get full hearings

The Workings of the Court

Major constitutional issues Cases must deal with real people and events Legal rather than political issues Writ of Certiorari- “make more certain” directs

a lower court to send its case records to the Supreme Court

How do they decide what to hear?

Written Arguments: Briefs explain each sides

position in a case Lawyers present oral arguments (30 min)

justices then ask questions Conferences in secret to discuss the merits of

the case- 5 need a majority of justices Opinions Announcement of Opinions

The Process to Deciding a Case

Majority Opinion: written by one justice

presents the view of the majority of justices Concurrent Opinion: Justices may agree with

the majority but have different legal reasons for doing so

Dissenting Opinion: Justices who oppose the majority opinion

Unanimous Opinion: All Agree

Types of Opinions

The Law based on the concept of “stare

decisis” let the decision stand Precedent matters

Social and Political Conditions- while mostly immune from these pressures, court reinterprets laws based on social norms think Plessy v. Ferguson and Brown v. Board of Education

Differing Legal Views: Activist v. Constitutionalist

Personal Beliefs

Influences on the Justices’ Opinions