Part B: Notes: Chapter 18 “The Federal Court System”

Section 18.1: “The National Judiciary”

Homework for tonight: READ PAGES 506-511

A. The United States represents a dual court system

1. The National Judiciary Courts (The Federal Courts): Court Systems of the National Government

2. State Court System: most cases are heard in the State Court System (50 state systems exist)

B. Types of Federal Courts (see diagram on page 507)1. The District Courts: 94 Districts Courts:

Usually is where a federal court case is heard first; Most district court decisions are final

2. U.S. Court of Appeals: (The Appellate Courts or the Circuit Courts): 13 Total Appellate Courts: Hear cases that were appealed after the district court ‘s decision

3. The U.S. Supreme Court: Highest court of the land whose decisions must be followed by both state and federal governments

United States Court System

Pennsylvania’s Federal Districts

The Court of Appeals: Thirteen total (two are in D.C.)

C. Federal Court Jurisdiction

1. Federal Courts hear cases that involve constitutional interpretation, state conflicts, matters pertaining to Federal officers, and matters pertaining to representatives of foreign governments

2. Federal Courts have exclusive jurisdiction,

concurrent jurisdiction, original jurisdiction,

and appellate jurisdiction.

The Federal District Courts and Healthcare

States in conflict and the Colorado River

D. Appointing Federal Judges: The President appoints Federal Judges with the Senate’s Consent 1. Judges of the Constitutional

Courts are appointed for life

a. Reason: so the judiciary is not influenced by outsiders

What is the following cartoon saying about appointing judges?

What does the following political cartoon imply about Supreme Court Justices?

2. Removing federal judges: The House of Representatives can impeach a judge and the Senate can remove a judge (the same is true for impeaching and removing the President)

E. Judicial Restraint vs. Judicial Activism: Used by Federal Judges 1. Judicial Restraint: Belief that judges

should always decide cases on the original content of the Constitution or written law and the precedents that already exist

regarding a case

a. when this is used, judges shape public policy less

How does the following cartoon represent judicial restraint?

2. Judicial Activism: Belief that the law should be interpreted and applied in the light of ongoing changes, conditions, and values in society

a. When this is used, judges shape public policy more

How does the following cartoon depict judicial activism?

More Contemporary Judicial Activism

Judicial Activism: Citizens United v. FEC (2010)

F. Court Officers

1. Clerks of the Federal Courts: summarize cases, review appeals,

and write the rough drafts of justices’ opinions

a. Appointed by the Federal judgesb. Recommend what cases Federal judges should hear

2. U.S. Magistrates: At least one exists in the 94 Federal District Courts

a. Issues warrants of arrest and hears evidence to decide whether or not a person who has been arrested for a federal crime should be held for action by a grand jury

b. Sets bail in Federal cases

3. U.S. Attorneys: One exists within each federal districta. Prosecutes all persons charged with Federal Crimesb. Represent the United States in all civil action brought by or against the Federal Government in their district

4. U.S. Marshals: one exists within each federal districta. Makes arrests in federal criminal cases, keep accused people in custody and execute court orders and decisions

**** N.B: U.S. Attorneys and Federal Marshals both answer to the Attorney General (who is head of the Justice Department)

++++ U.S. Attorneys and Federal Marshals are members of the Justice Department

Section 18.2: The Inferior Courts

A. District Courts: 94 District Courts, 3 in Pennsylvania

1. Hear Both criminal cases and civil cases2. Criminal Cases: Often use grand juries to issue indictments and trial juries to determine a defendant’s fate3. Civil Case: Plaintiff files a suit against a defendant4. Most District Court decisions are final5. District courts usually exercise original

jurisdiction

U.S. District Courts

Pennsylvania’s Federal Districts

B. Courts of Appeals

1. Exist to decrease the amount of cases

that exist in the Supreme Court’s Docket

2. Have only appellate jurisdiction

Title of the 1885 Political Cartoon:

“Our Overworked Supreme Court”

U.S. Court of Appeals

The Supreme Court

Section 18.3: The Supreme CourtThe Supreme Court is the final

authority in any case involving a question of Constitutional interpretation, an act of Congress, and action of the President, or a treaty of the United States

Comprises of 8 Associate Justices and 1 Chief Justice (9 total justices)–Chief Justice: John Roberts

Chief Justice John Roberts

A. Judicial Review: The Supreme Court has ultimate exercise of judicial review1. Judicial Review: the power to

decide the constitutionality of an act of government, whether executive, legislative, or judicial

2. Ultimate exercise of judicial review exists because of the precedent set in Marbury vs. Madison (1803)

3. The Court also decides how a law should be interpreted

B. Supreme Court Jurisdiction: The Supreme Court has exclusive, original, and appellate jurisdiction

1. Most cases are heard on appeal in The Supreme Court

2. 10,000 cases are appealed to the Supreme Court each year

a. approximately 100 are actually heard by The Court

b. ‘ Rule of Four’ is used to determine if the Supreme Court hears a case: At least four of the nine Supreme Court Justices agree that a case should be put heard

3. Most cases heard reach The Court through the use of a writ of cert

a. Writ of cert: a party in a court case requests the Supreme Court to answer a Constitutional question or a serious problem of statutory interpretation.

C. How the Court Operates -- The Supreme Court hears cases

in two-week cycles from October to early May

1 Part One: The Supreme Court reads a series of briefs

a. Briefs: written documents given to the Supreme Court in support of one side of a case: provided before oral arguments are given:

b. Amicus curiae briefs: ‘friend of the court briefs’: briefs filed by persons or groups who are not actual parties to a case but who, nonetheless, have a substantial interest in its outcome.

c. The Solicitor General: officer of the Justice Department: often called the Federal Government’s chief lawyer because he or she represents the National Government in the U.S. Supreme Court– Files amicus curiae briefs: on

behalf of the President: provides the Executive Branch’s views in different cases

2. Part 2: Oral Arguments: Each litigant (side) of a case gets 30 minutes to address their perspective to the Supreme Court

3. Part 3: The Conference: The Chief Justice presides over the conference – Justices share their viewpoints and develop decisions for a particular casea. Held in privateb. Approximately one-third of the

Court’s decisions are unanimous: most decisions of the Court are divided(1) Reasons why most cases are not unanimous: all cases are very controversial

4. Part 4: The Delivery of Opinions: majority opinions, concurring opinions, and dissenting opinions exist a. Majority opinions are

important because they are used as precedents in future cases by the lower courts in both the state and federal government

b. Majority opinions represent common law

How is the cartoonist critical of the Supreme Court?