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Teen Rights & the LawMs. Stewart
Basics of US Court System
Prepared by Andy AustinUnited States Magistrate Judge
Three Branches of Government
Three Branches of Government
US Supreme Court - Judicial Branch US Capitol -
Legislative Branch
White House - Executive Branch
Three Branches of Government
Three Branches of Government
United States PresidentBarack ObamaExecutive Branch
United States CongressmanLloyd DoggettLegislative Branch
United States Supreme CourtChief Justice John RobertsJudicial Branch
State vs. Federal Government
Branches of government - Texas
Branches of government - Texas
Governor Rick Perry Executive Branch
Texas Senator Kirk Watson Legislative Branch
Texas Supreme Court Former Chief Justice Wallace JeffersonJudicial Branch
Branches of government
Judicial Branch
Branches of governmentExecutive Branch
Executive branch – federal system
Criminal cases
Executive branch – federal system
Criminal cases
Eric Holder Attorney General of United States
Executive branch – state systemCriminal cases
Executive branch – state systemCriminal cases
Greg AbbottAttorney General of Texas
Rosemary LehmbergTravis County District Attorney
State vs. Federal Court -Austin courts for field trip
State Court
• Courts of general jurisdiction• Can file any civil or criminal charge in state
court unless statute prohibits that• Certain cases can only be filed in state court:
family law cases (divorce, custody); probate cases (wills)
• In Texas, state judges are elected• Organized by county – court held in county seat
Federal Court
• Courts of limited jurisdiction• You can only bring a case in federal court if
there is a statute/law giving you the right to file charges or suit in federal court
• Judges are appointed • Divided into geographic districts - 94 districts
in total
What or who
creates the
federal courts?
Article III, Section 1US Constitution
• “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.”
Article III, Section 1US Constitution
• Federal judges are:– Appointed for life (or until they retire)– Cannot be removed except for bad behavior
(through impeachment proceedings)– Cannot have their compensation (pay) diminished
(lowered) during their time in office
• Why have these rules?
The Federal Courts
U.S. Supreme Court
(9 judges)
12 U.S. Circuit Courts of Appeal
(179 judges)
U.S. Magistrate Courts
(523 judges)
U.S. District Courts (94)
(667 judges)
U.S. Bankruptcy Courts
(352 judges)
Texas State Courts
Texas Supreme Court
(9 judges)14 Regional Courts
of Appeal (80 judges)
County Courts (504 judges)
District Courts (454 judges)
Probate Courts(18 judges)
Texas Court of Criminal Appeals
(9 judges)
Trial courtQuestion: How many judges?
Court of Appeals Question: How many judges/justices?
Western District of Texas trial court divisions
Question: Which division of the Western District of Texas serves Austin?
Question: Which US Court of Appeals serves Texas?
United States Supreme CourtQuestion: How many judges/justices?
United States Supreme CourtQuestion: How many judges/justices?
United States Supreme Courthttp://www.supremecourt.gov/about/biographies.aspx
• Chief Judge John Roberts • Antonin Scalia
• Anthony Kennedy • Clarence Thomas
• Ruth Bader Ginsburg • Stephen Breyer • Samuel Alito
• Sonia Sotomayor • Elena Kagan
Your Supreme Court Justice http://www.supremecourt.gov/about/biographies.aspx
• Name• Where/when born
• Current age• Race/ethnicity, sex
• When appointed and by which president (who is affiliated with which political party)• Years on US Supreme Court so far
• Job history before became justice (generally)• University/college and law school attended
• Interesting other facts (at least five)
US Supreme Court’s (very small) docket
82 cases decided
10,000 cases filed
(2010 term)
Separation of PowersWhat does each branch of government do in relation to our laws?
Separation of PowersWhat does each branch of government do in relation to our laws?
(1) The legislative branch WRITES the law.
Separation of PowersWhat does each branch of government do in relation to our laws?
(1) The legislative branch WRITES the law.
(2) The executive branch ENFORCES the law.
Separation of PowersWhat does each branch of government do in relation to our laws?
(1) The legislative branch WRITES the law.
(2) The executive branch ENFORCES the law.
(3) The judicial branchINTERPRETS the law.
Role of Supreme Court
• Interpret laws adopted by Congress– If a law is not clear, it is left to the Courts to
determine the proper way to apply the law to a particular fact scenario
• Interpret the Constitution– The Supreme Court is the final decision maker
with regard to the meaning of the Constitution
Constitutional interpretation
• How does a court decide what the Constitution means?
• What do you do when you need to figure out what is meant by a particular piece of writing?– Ask the person who wrote it what they meant– Look up the meaning of the words in a dictionary– Try to figure out why the author was writing what
was written– Look at other similar writings to help you
interpret the piece you’re reviewing
Constitutional interpretation
• All of these are models for ways in which judges have interpreted our Constitution– Original meaning
• What did the drafters think the language meant?
– Perfectionist (the “Living Constitution”)• What is the best way to interpret the language to get
the best result for society?
– Pragmatic or minimal interpretation• What is the most limited way to read the language so
that we don’t change a lot of prior decisions?