InstitutionsInstitutions

National JudiciaryNational Judiciary

American Legal SystemAmerican Legal System Criminal Law CasesCriminal Law Cases

An individual violating a An individual violating a specific law based on specific law based on regulating moralityregulating morality

Misdemeanor Misdemeanor Less serious crime; less than 1 Less serious crime; less than 1

year incarceration; finesyear incarceration; fines FelonyFelony

More serious crime; more than More serious crime; more than 1 year incarceration1 year incarceration

Varying degrees of crimes Varying degrees of crimes based on intentbased on intent

Civil Law CasesCivil Law Cases Involving a perceived Involving a perceived

violation of civil rights or violation of civil rights or legal relationshipslegal relationships

i.e. contractsi.e. contracts LawsuitsLawsuits

Class action involves a one Class action involves a one or a few representing or a few representing many affectedmany affected

Basic Structure of a CourtBasic Structure of a Court LitigantsLitigants

Plaintiff – brings up charges, Plaintiff – brings up charges, suessues

Burden of proofBurden of proof Defendant/respondent – Defendant/respondent –

answering chargesanswering charges LawyersLawyers

Prosecution – government Prosecution – government lawyers accusing of criminal lawyers accusing of criminal chargescharges

Public defenders – government-Public defenders – government-paid lawyers for criminally-paid lawyers for criminally-charged individualscharged individuals

JuryJury Trial by jury; one may request Trial by jury; one may request

a bench trial or trial by jurya bench trial or trial by jury JudgeJudge

Presides over the case; rules on Presides over the case; rules on objections; final ruling; passes objections; final ruling; passes sentencesentence

PublicPublic Audience members, interest Audience members, interest

groups, relations to litigantsgroups, relations to litigants

Constitutional StructureConstitutional Structure Article III establishes the judicial branchArticle III establishes the judicial branch United States Supreme CourtUnited States Supreme Court Congress establishes lower federal courtsCongress establishes lower federal courts

Judiciary Act of 1789Judiciary Act of 1789 Also set number of SC justices, position of Chief justiceAlso set number of SC justices, position of Chief justice

Constitutional CourtsConstitutional Courts District CourtsDistrict Courts (original jurisdiction) – 1789 (original jurisdiction) – 1789

Each state has at least one district courtEach state has at least one district court 94 district courts94 district courts

Courts of AppealsCourts of Appeals (appellate jurisdiction) – 1891 (appellate jurisdiction) – 1891 13 Courts of Appeals separated by geographic circuits13 Courts of Appeals separated by geographic circuits

Legislative CourtsLegislative Courts Agency reviews (taxes, trade, bankruptcy)Agency reviews (taxes, trade, bankruptcy) Not subject to Article III parametersNot subject to Article III parameters

Court of AppealsCourt of Appeals

JurisdictionJurisdiction Original JurisdictionOriginal Jurisdiction

Court is the first to hear the caseCourt is the first to hear the case Appellate JurisdictionAppellate Jurisdiction

Reviewed by a higher/alternate courtReviewed by a higher/alternate court Supreme Court’s JurisdictionSupreme Court’s Jurisdiction

Original jurisdiction involving cases with ambassadors, Original jurisdiction involving cases with ambassadors, foreign ministers, consuls, state is a partyforeign ministers, consuls, state is a party

Appellate jurisdiction in all other casesAppellate jurisdiction in all other cases From federal district or appeals courts, or state supreme From federal district or appeals courts, or state supreme

courts involving federal law or Constitutioncourts involving federal law or Constitution Concurrent JurisdictionConcurrent Jurisdiction

Cases may be tried in state or federal courtsCases may be tried in state or federal courts

Dual Court SystemDual Court System Federal Court Federal Court

SystemSystem Federal-Question Federal-Question

casescases Arising under the Arising under the

Constitution, the law of Constitution, the law of the U.S., and treatiesthe U.S., and treaties

Diversity casesDiversity cases Involving different Involving different

states or citizens of states or citizens of different statesdifferent states

Dual SovereigntyDual Sovereignty Either state or federal Either state or federal

court can review case court can review case if both state and if both state and federal laws brokenfederal laws broken

State Court State Court SystemsSystems Circuit court system Circuit court system

with original and with original and appellate appellate jurisdiction courtsjurisdiction courts

State supreme State supreme court decisions final court decisions final law in respective law in respective statestate

May be appealed to May be appealed to U.S. Court of Appeals U.S. Court of Appeals and Supreme Court and Supreme Court if a constitutional if a constitutional questionquestion

Federal JudgesFederal Judges Serve “during good behavior” – Article Serve “during good behavior” – Article

IIIIII Life termsLife terms

AppointmentAppointment Not elected hence not directly subject to Not elected hence not directly subject to

political pressurespolitical pressures President appoints with advice and President appoints with advice and

consent from the Senateconsent from the Senate Senatorial courtesySenatorial courtesy

Nominating a Supreme Court JusticeNominating a Supreme Court Justice Presidential Presidential

appointments politicizedappointments politicized Party AffiliationParty Affiliation Political IdeologyPolitical Ideology

Litmus TestLitmus Test Asking questions about Asking questions about

stance on major issues, i.e. stance on major issues, i.e. abortionabortion

Race, Gender, Religion, Race, Gender, Religion, RegionRegion

Judicial and Legal Judicial and Legal Experience and RecordExperience and Record

Political AcceptabilityPolitical Acceptability Legal organizations Legal organizations

American Bar AssociationAmerican Bar Association Interest groupsInterest groups U.S. SenateU.S. Senate

Simple majority requiredSimple majority required Other justicesOther justices

Checking and Balancing JudgesChecking and Balancing Judges Adversarial SystemAdversarial System

Issue between two parties settled by an impartial judge or juryIssue between two parties settled by an impartial judge or jury Justiciable DisputeJusticiable Dispute

Based on an actual situation and not a hypothetical testBased on an actual situation and not a hypothetical test Political QuestionsPolitical Questions

Disputes between Congress and the President or a matter left to a branch of Disputes between Congress and the President or a matter left to a branch of governmentgovernment

AppointmentsAppointments President appoints with Senate approvalPresident appoints with Senate approval

ImpeachmentImpeachment House of Representatives may impeach a federal judge and the Senate triesHouse of Representatives may impeach a federal judge and the Senate tries

Structure of the CourtsStructure of the Courts Congress may alter the number of district or appellate courts, number of SC Congress may alter the number of district or appellate courts, number of SC

justicesjustices AmendmentsAmendments

Overrule a federal court decision by amending the Constitution or bounding the Overrule a federal court decision by amending the Constitution or bounding the courts to the supreme law of the landcourts to the supreme law of the land

The U.S. Supreme CourtThe U.S. Supreme Court

Currently made of 9 justices, including a Chief Currently made of 9 justices, including a Chief Justice and 8 associate justicesJustice and 8 associate justices

Congress determines the number of justicesCongress determines the number of justices $217,400 salary for Chief Justice$217,400 salary for Chief Justice $208,100 salary for Associate Justices$208,100 salary for Associate Justices

The Supreme CourtThe Supreme CourtAccepting CasesAccepting Cases

Original JurisdictionOriginal Jurisdiction Cases involving ambassadors, foreign ministers, Cases involving ambassadors, foreign ministers,

consuls, or state a partyconsuls, or state a party Very few cases are reviewed by the SCVery few cases are reviewed by the SC

Only a 100 out of 10,000 cases a yearOnly a 100 out of 10,000 cases a year Lower court decision stands if SC refuses to hear caseLower court decision stands if SC refuses to hear case Justices may recuse themselves if conflict of interestJustices may recuse themselves if conflict of interest

Rule of FourRule of Four Four of the nine justices must agree to hear/review a Four of the nine justices must agree to hear/review a

casecase Writ of CertiorariWrit of Certiorari

SC directs lower court to provide all records regarding a SC directs lower court to provide all records regarding a case when petitioned for reviewcase when petitioned for review

The Supreme CourtThe Supreme CourtReviewing and Hearing a CaseReviewing and Hearing a Case

Case BriefsCase Briefs Written arguments provided to SC prior to oral Written arguments provided to SC prior to oral

argumentsarguments Cites legal arguments, legal precedents, previous Cites legal arguments, legal precedents, previous

court decisionscourt decisions Amicus curiae brief Amicus curiae brief (friend of the court)(friend of the court)

Used by interest groups with a vested interest in case Used by interest groups with a vested interest in case providing an additional legal perspectiveproviding an additional legal perspective

Oral ArgumentsOral Arguments 30 minutes for each party counsel30 minutes for each party counsel Justices may ask questions during oral argumentsJustices may ask questions during oral arguments

Solicitor GeneralSolicitor General Argues on behalf of the United StatesArgues on behalf of the United States

The Supreme CourtThe Supreme CourtDeciding a CaseDeciding a Case

ConferencesConferences Justices discuss the case on Wednesday Justices discuss the case on Wednesday

afternoons and Fridaysafternoons and Fridays Writing OpinionsWriting Opinions

Most opinions written by justice’s law clerksMost opinions written by justice’s law clerks Majority opinionMajority opinion

The official opinion of the court, the supreme rulingThe official opinion of the court, the supreme ruling Outlined by legal reasonsOutlined by legal reasons

Dissenting opinionDissenting opinion Justices who disagree with the majority opinion write a Justices who disagree with the majority opinion write a

dissent outlined by legal reasonsdissent outlined by legal reasons Concurring opinionConcurring opinion

If a justice concurs with the majority but disagrees If a justice concurs with the majority but disagrees with the legal reasonswith the legal reasons

The Supreme CourtThe Supreme CourtPolicymaking and PhilosophyPolicymaking and Philosophy

Judicial Restraint - OriginalismJudicial Restraint - Originalism Limit the initiative on social and political questionsLimit the initiative on social and political questions Passive on policymakingPassive on policymaking Strict interpretation of the ConstitutionStrict interpretation of the Constitution ““The Constitution is not an empty bottle…it is like a The Constitution is not an empty bottle…it is like a

statue, and the meaning doesn’t change.” – Antonin statue, and the meaning doesn’t change.” – Antonin ScaliaScalia

Judicial Activism – Living ConstitutionJudicial Activism – Living Constitution Active role in society and politicsActive role in society and politics Judicial interventionJudicial intervention Loose interpretation of the ConstitutionLoose interpretation of the Constitution ““We are under a Constitution, but the Constitution is We are under a Constitution, but the Constitution is

what the judges say it is.” – Charles Evans Hugheswhat the judges say it is.” – Charles Evans Hughes

Supreme Court HistorySupreme Court History Marshall Court (early 19Marshall Court (early 19thth century) century)

Marbury v. Madison Marbury v. Madison (1803) – judicial review; constitutionality of (1803) – judicial review; constitutionality of laws and policieslaws and policies

Pro-Federalist decisions – expansion of national government power and Pro-Federalist decisions – expansion of national government power and influenceinfluence

Taney Court (mid 19Taney Court (mid 19thth century) century) Scott v. Sanford Scott v. Sanford (Dred Scott decision) (1857)(Dred Scott decision) (1857) Pro-Democratic decisions – states’ rights and limited governmentPro-Democratic decisions – states’ rights and limited government

Late 19Late 19thth Century-Early 20 Century-Early 20thth Century Century Wake of 14Wake of 14thth Amendment – Amendment – incorporationincorporation Plessy v. FergusonPlessy v. Ferguson (1896) (1896) Pro-business, pro-laissez-faire decisions during Gilded Age-Progressive EraPro-business, pro-laissez-faire decisions during Gilded Age-Progressive Era

New Deal (1930s)New Deal (1930s) FDR’s FDR’s court-packingcourt-packing to save New Deal policies from conservative rulings to save New Deal policies from conservative rulings

Warren Court (1950s-1960s)Warren Court (1950s-1960s) Active in civil rights and civil liberties decisions; Active in civil rights and civil liberties decisions; “most liberal court ever”“most liberal court ever” Brown v. Board of EducationBrown v. Board of Education, , Miranda v. ArizonaMiranda v. Arizona

Burger Court (late 1960s- early 1980s)Burger Court (late 1960s- early 1980s) More conservative regarding rights of defendantsMore conservative regarding rights of defendants Roe v. WadeRoe v. Wade, , Regents of UC v. BakkeRegents of UC v. Bakke

Rehnquist and Roberts Courts (late 1980s-2010s)Rehnquist and Roberts Courts (late 1980s-2010s) Continues the conservative ideologyContinues the conservative ideology McDonald v. ChicagoMcDonald v. Chicago, , Citizens United v. FECCitizens United v. FEC