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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