Federal Court System

The Role of Precedence

The Federal Courts

• Three level system: – District– Court of Appeals– Supreme Court

• The federal courts hear cases; their verdicts set precedence– Precedence influences how future cases will be decided

• It also interprets the constitution and the numerous controversial clauses

• It can be reversed by new cases that change or create new precedence.

Types of Jurisdiction

• Original – First Court to hear and decide case

• Exclusive– Only that court can hear the case

• Concurrent– Both levels of governments can hear and decide

case• Appellate– Hear and decide a case from a lower court

Jurisdiction: Article III

• Federal Courts have exclusive jurisdiction: – The Constitution– Federal Laws– Disputes between states– Citizens from Different States– Cases involving Federal Government– Foreign Governments and Treaties– Admiralty and Maritime Laws– US Diplomats

Organization

• District Courts– Holds most original

jurisdiction– 94 district courts– Each state has at least one– Trial courts for both

criminal and civil matters– Goal is to determine facts

of case– Only court with juries,

witnesses, and reach verdicts

• US Court Appeals– Appellate Jurisdiction– Reviews decisions made in lower

courts– Looks at procedure, not facts of case– Looks to see if rights of defendant – Will consider new evidence– 12 courts that are in charge

geographic districts– 13th is for entire nation that sees

special cases– Do not hold trials – Decide a case in 3 ways:

• Up hold a decision• Reverse • Or remand-send back to lower court for

retrial

Judges• Chief Justice: appointed by

president and confirmed by Senate. There is no requirement such as tenure as associate judge.

• Associate judges are appointed by president and confirmed by Senate

• There are currently nine associate justices and one chief justice– Congress has the power to

change the number of judges.

• There are no qualifications to be a judge but most have been trained in law.

• There is no term limit– “shall hold their offices in good

behavior”– This means they have it for life unless

they retire or are impeached by Congress

• How does the design of the Supreme Court , specifically the structure of the terms, execute the four main functions of government? Think about what it protects the court from!

• What checks and balances on the judicial branch are apparent in this slide?

Jurisdiction • Original

– Disputes between states– Involving diplomats from foreign countries– Why is it important for the S.C. to have original jurisdiction in the above

areas? (think functions of government)• Appellate

– Any case appealed that involves:• Federal law• US Government• Citizens from different states• The Constitution• US Diplomats• Admiralty and Maritime Laws

– How does appellate jurisdiction influence your natural, civil, and legal rights?

Powers and Limitations• Judicial Review

– Courts review the constitutionality of a law or executive action; if found unconstitutional a law or action is nullified or canceled

– Marbury Versus Madison established three principles that gave the Supreme Court the power to review the constitutionality of law• Constitution is Supreme Law of Land• If there is a disagreement between

Constitution and any other law, the Constitution wins

• Judicial Branch’s job is to uphold Constitution; thus, judicial review

– How does judicial review help the judicial branch execute the four main functions of government?

– How much authority does it give them over your rights?

• The Supreme Court is limited by its need of enforcement, for it depends on the executive branch to enforce rulings

• Congress may go around a ruling by making a new law or changing the old one

• States can always amend the constitution to make something constitutional.

• Finally it is limited by its own jurisdiction and the fact that it can only hear a case that comes to it.

• Should the S.C. be limited; why?

Supreme Court at Work• Court Procedures

– A term refers to the nine month period beginning in October in which cases are heard

– Court hears a case if four of nine justices agree to hear it

– Cases that are heard go onto a docket-calendar.

– A caseload refers to the number of cases scheduled and heard for a term

– Types of Cases• Deal with Constitutional Questions• Involve real disputes with

adversaries • Involve legal rather than political

questions and deal with entire nation not a state or region

• Writ of Certiorari-directs a lower court to send its records on a case for review.

• Steps in Making a Decision– Written Arguments: lawyers prepare a brief

(written document that explains one position) . Justices study the briefs.

– Oral Arguments: Next, lawyers for each side present oral arguments; each side only gets 30 minutes to present case; justices typically ask tough questions

– Conference: Fridays the justices get together to make their first decisions about the cases they have been studying ; they are secret meetings; it takes five judges for a majority; at least six justices have to be present.

– Opinion Writing: One judge writes the majority opinion (presents majority opinion); Concurring opinion (agrees with majority but for different reasons) ; Dissenting opinion: oppose decision

– Announcement: Once opinion writing is completed, Court announces its decision; the opinions are used to guide new court cases; the majority opinion creates precedent.

– Should the S.C. be so tightly procedural; why or why not?

Reason For Decisions • The Law

– It is the foundation for deciding a case.– Stare Decisis: “let the decision stand” refers to the ability of precedent to make

the law predictable by guiding future cases and legislation

• Changing Social Conditions– As the times change, law and its interpretation changes along with it, for just the

constitution must adapt to the times, so must the law and precedent– Examples; Plessey v Fergusson overturned by Brown v Board of Education

• Differing Legal Views– Different judges have varying views of the law and the role of the court; some

view judicial review as sweeping tool to affect change and check the other branches, while others feel it should be used sparingly

• Personal Beliefs– Justices are people and therefore carry into their judgments their own

experiences and biases

Landmark Cases: How are these evidence of the essential questions; how may you use this in an short answer response

• Federal Power– Marbury v Madison (1803)

• Established Supreme Courts power of Judicial Review

– McCulloch v Maryland (1819)• affirmed supremacy clause

– Gibbons v. Ogden• Established that Congress has sole

authority to regulate commerce• Civil Liberties

– Brown V Board of Education (1954)• Overturned separate but equal

– Reed v Reed (1971)• State laws that discriminated against

women were unconstitutional– Roe v Wade (1973)

• Legalized a women’s right to abortion under certain circumstances

• First Amendment Rights– Brandenburg v Ohio (1969)

• Expanded political speech by allowing all, unless it led to immediate lawless behavior

– Near v Minnesota (1931)• Ruled against censorship of information, defining

prior restraint of written material as unconstitutional

– DeJonge v. Oregon (1937)• Reinforced peaceable assembly and association

protection of the first amendment

– Engel v. Vitale (1962)• Public school starting the day with a prayer violated

the establishment clause

– United States v. Eichman (1960)• Struck down Federal Flag Protection Act; flag

burning is a form of free speech

• Rights of the Accused– Gideon v. Wainwright (1963)

• A person accused of a major crime had the right to legal council during trial

– Miranda v. Arizona (1966)• At time of an arrest a suspect cannot be question

until informed of their legal rights