The Federal Courts. Chapter 16

Transcription

1 The Federal Courts Chapter 16

2 Section 1: Characteristics of the Federal Court System Chapter 16

3 Characteristics of the Federal Court System Adversarial Place for two parties to bring conflicts before an impartial arbiter, or judge Plaintiff brings a charge Defendant is the one being charged Passive Federal judges are restrained by the Constitution to deciding actual disputes or cases, not hypothetical ones Thus, the judiciary is passive and depends on others to take initiative

4 Characteristics of the Federal Court System Two types of law/cases: Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law: The court resolves a dispute between two parties and defines the relationship between them.

5 Characteristics of the Federal Court System Dual Court System Because of its federal system, the U.S. has two separate court systems Each of the 50 states has its own system 97% of all cases Federal judiciary spans the entire county

6 Characteristics of the Federal Court System The U.S. Supreme Court is often called the High Court, because it is the final, the last, court to hear a case.

7 Characteristics of the Federal Court System Participants in the Judicial System Litigants Plaintiff - the party bringing the charge Defendant - the party being charged Jury People (normally 12) who often decide the outcome of a case

8 Characteristics of the Federal Court System Participants: Groups Use the courts to try to change policies Amicus Curiae briefs used to influence the courts friend of the court briefs used to raise additional points of view and information not contained in briefs of formal parties

9 Characteristics of the Federal Court System Participants: Attorneys 800,000 lawyers in United States today Legal Services Corporation: lawyers to assist the poor Access to quality lawyers is not equal.

10 Characteristics of the Federal Court System Terms Standing to Sue plaintiffs have a serious interest in the case; have sustained or likely to sustain a direct injury from the government Justiciable Disputes a case must be capable of being settled as a matter of law.

11 Characteristics of the Federal Court System Terms Jurisdiction The court s authority to hear a case

12 Characteristics of the Federal Court System Types of Jurisdiction 1. Original Jurisdiction: court in which a case is first heard 2. Appellate Jurisdiction: courts that hear cases brought to them on appeal from other courts 3. Exclusive jurisdiction: cases that can only be heard in certain courts 4. Concurrent jurisdiction: cases that can be heard in either a federal or state court

13 Questions Explain the difference between criminal law and civil law. What is meant by justiciable disputes? What is original jurisdiction? What is appellate jurisdiction? Who are the four participants in the federal courts? What is the difference between a plaintiff and defendant?

14 Section 2: Structure of the Federal Court System Chapter 16

15 The Structure of the Federal Court System The Supreme Court is the only court specifically mentioned in the Constitution. The Constitution gives Congress the power to create all other federal courts.

16 The Structure of the Federal Court System The Judiciary Act of 1789 Established the basic threetier structure of federal courts that exist today. Set the size of the Supreme Court to six justices. Later expanded to nine in 1869.

17 The Structure of the Federal Court System

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20 The Structure of the Federal Court System District Courts (94 federal courts) Original Jurisdiction: courts that hear the case first and determine the facts - the trial court 80% of the federal court caseload Deals with the following types of cases: Federal crimes, civil suits under federal law and across state lines, supervise bankruptcy and naturalization, review some federal agencies, admiralty and maritime law cases, supervision of naturalization of aliens Most cases end in plea bargains Only 2% actually go to trial

21 The Structure of the Federal Court System Courts of Appeal Appellate Jurisdiction: reviews the legal issues in cases brought from lower courts Hold no trials and hear no testimony 12 circuit courts U.S. Court of Appeals for the Federal Circuit specialized cases Focus on errors of procedure and law

22 The Structure of the Federal Court System

23 The Structure of the Federal Court System The Supreme Court 1. Ensures uniformity in interpreting national laws Final arbiter of the Constitution Established precedents that binding on the entire nation 2. Resolves conflicts among states 3. Maintains national supremacy in law 4. Marbury v. Madison 1. Judicial review Power of the Supreme Court to declare federal legislation invalid if it violates the Constitution.

24 The Structure of the Federal Court System Nine justices 1 Chief Justice, 8 Justices court of last resort Decides which cases to hear, control its own agenda Some original jurisdiction Mostly appellate jurisdiction Most cases come from federal courts Mostly civil cases

25 The Structure of the Federal Judicial System

26 The Structure of the Federal Court System

27 The Structure of the Federal Court System

28 Questions What are the four levels of the federal court system and what jurisdiction does each level apply? Does the Supreme Court hear more original jurisdiction or appellate jurisdiction cases? Explain judicial review. Which landmark court decision established the principle of judicial review?

29 Section 3: The Selection of Judges Chapter 16

30 The Selection of Judges All federal judges are appointed by the president and confirmed by a majority vote of the Senate. Presidents appoint members of the federal courts with advice and consent of the Senate.

31 The Selection of Judges The Constitution sets forth no specific requirements for the selection of judges. However, members of Congress, who typically recommend potential nominees, and the Department of Justice, which reviews nominees' qualifications, have developed their own informal criteria.

32 The Selection of Judges Unlike the president or members of Congress, Supreme Court Justices, indeed all federal judges, once selected, serve for life. Does this make our justice system undemocratic?

33 The Selection of Judges THE LOWER COURTS 1. Senatorial courtesy: unwritten tradition whereby the Senate will not confirm nominations for lower court positions that are opposed by a senator of the president s own party from the state in which the nominee is to serve. 2. President s frequently consult with their own party senators before nominating a lower court judge. 3. Has the effect of the president approving the Senate s choice President has more influence on appellate level

34 The Selection of Judges THE SUPREME COURT Fewer constraints on president to nominate persons to Supreme Court President relies on attorney general and DOJ to screen candidates 1 out of 5 nominees will not make it Presidents with minority party support in the Senate will have more difficulty. Chief Justice can be chosen from a sitting justice, or as a new member to the Court

35 The Selection of Judges

36 The Selection of Judges Understanding that justices serve for life, the selection process becomes especially important. Imagine that you are advisers to the president. An opening has just occurred on the Supreme Court. Establish criteria for filling the position What are the most important attributes needed in order to be an effective Justice?

37 The Selection of Judges THE SUPREME COURT Nomination Criteria 1. Competence 2. Ideology and policy preferences 3. Race, ethnicity and gender

38 The Selection of Judges Characteristics: Generally white males Lawyers with judicial and often political experience Other Factors: Generally of the same party and ideology as the appointing president Judges and justices may not rule the way presidents had hoped they would have.

39 The Selection of Judges

40 The Selection of Judges Chief Justice John Roberts (Bush 43) Associate Justices Antonin Scalia (Reagan) Anthony Kennedy (Reagan) Clarence Thomas (Bush 41) Ruth Bader Ginsburg (Clinton) Stephen Breyer (Clinton) Samuel Alito (Bush 41) Sonia Sotomayor (Obama) Elena Kagan (Obama) The Roberts Court, 2010

41 Questions Explain Senatorial Courtesy. What vote in the Senate is required for the approval of a judicial nominee? What are three common criteria for the nomination of Supreme Court Justice? Who assists the president in screening and selecting nominees to the High Court? What are the formal requirements for federal judges?

42 Section 4: How the Supreme Court Works Chapter 16

43 How the Supreme Court Works: Selecting Cases Original Jurisdiction State v. state Federal v. State U.S. Government v. foreign ambassadors and diplomats Only generates 2-3 cases a year Writs of certiorari An order by the Court directing a lower court to send up the record of a given case for review Allows the Court to control its own caseload

44 How the Supreme Court Works: Selecting Cases The Rule of Four Supreme Court clerks screen approximately 9, 000 petitions each term. Justices conduct weekly conference meetings where they discuss petitions prepared by the clerks. For a case to be heard, at least four of the nine justices must agree. This is the Rule of Four.

45 How the Supreme Court Works: Selecting Cases Supreme Court usually hears less than 100 cases per year. Additionally, the Supreme Court issues an additional couple dozen or so per curiam decisions which means decision without explanation or opinion.

46 How the Supreme Court Works: Selecting Cases

47 Test Tip The Supreme Court agrees to hear very few lower court appeals. Be sure that you can identify a writ of certiorari and the Rule of Four and explain their role in the case selection process.

48 How the Supreme Court Works: Selecting Cases Neal Katyal Solicitor General Presidential appointee and fourth ranking office in the DOJ. Handles all appeals on behalf of the U.S. Government to the Supreme Court Plays an important role in influencing the Court s decisions on which cases to hear.

49 How the Supreme Court Works: Selecting Cases 1. Original Jurisdiction 2. Writs of Certiorari 3. Rule of Four 4. Solicitor General

50 How the Supreme Court Works: Filing Briefs Each party is required to file a brief a written argument. Briefs cite relevant facts, legal principles, and precedents that support their argument Interested persons and groups that are not actual parties may file amicus curiae (friend of the court) briefs. Controversial cases (affirmative action, abortion) attract large numbers of amicus curiae briefs. SIGS uses amicus curiae briefs to lobby the Court.

51 How the Supreme Court Works: Oral Arguments Oral arguments are open to the public. Attorneys are allowed exactly 30 minutes to present their case. Justices may interrupt with questions.

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53 How the Supreme Court Works: Discussion and Voting The justices discuss each case in a closed meeting held on Fridays. The Chief Justice presides over the meeting. Chief Justice Roberts is known to encourage discussion.

54 How the Supreme Court Works: Writing Opinions After reading a decision, the justices must write a formal opinion. Opinions present the issues, establish precedents and set guidelines for lower courts. Types of opinion: 1. Majority opinion: the opinion of the court law of the land 2. Concurring opinion: supports the majority opinion but emphasizes different Constitutional or legal reasoning. 3. Minority or dissenting opinion: expresses a point of view that disagrees with the majority opinion. These have no legal standing.

55 How the Supreme Court Works Selecting Cases 1. Original Jurisdiction 2. Writs of Certiorari 3. Rule of Four 4. Solicitor General Filing Briefs Oral Arguments Discussion and Voting Opinions

56 How the Supreme Court Works

57 Questions What is a writs of certiorari? What is the Rule of Four? Explain their role in the selection process of the Court. Who is the Solicitor General and what are his or her duties? In what types of matters does the Supreme Court have original jurisdiction? Who assists the president in screening and selecting nominees to the High Court? What is meant by majority opinion?

58 Questions What is meant by concurring opinion? What is meant by dissenting opinion?

59 Section 5: Factors that Influence Supreme Court Decision Chapter 16

60 Factors that Influence Supreme Court Decisions Precedent Judicial Philosophy Public Opinion

61 Factors that Influence Supreme Court Decisions: Precedent Precedent 1. Stare decisis: let the decision stand Vast majority of decisions based on precedent established in earlier cases Exceptions: Precedent can be overruled Plessy v. Ferguson was overruled by Brown v. Board

62 Factors that Influence Supreme Court Decisions: Precedent Precedent 2. Examples Marbury v. Madison: judicial review Martin v. Hunter s Lessee: judicial review extended to states Baker v. Carr: one person, one vote Wesberry v. Sanders: one person, one vote applied to congressional districts

63 Factors that Influence Supreme Court Decisions: Judicial Philosophy Judicial Activism Court must correct injustices when other states and other branches refuse to. Brown v. Board is cited as an example. Judicial Restraint Court should use precedent and Framer s original intent. Original Intent: the idea that the Constitution should be viewed according to the original intent of the framers Court should defer to elected institutions.

64 Factors that Influence Supreme Court Decisions: Judicial Philosophy Judicial Activism Ruth Bader Ginsburg Stephen Breyer Sonia Sotomayor Elena Kagan Judicial Restraint John Roberts Antonin Scalia Clarence Thomas Samuel Alito Anthony Kennedy Swing Vote?

65 Factors that Influence Supreme Court Decisions: Judicial Philosophy A Historical Review John Marshall and the Growth of Judicial Review Marbury v. Madison (1803) established judicial review courts determine constitutionality of acts of Congress The Nine Old Men The Warren Court The Burger Court The Rehnquist Court

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68 Test Tip Judicial restraint and judicial activism are wellknown philosophies that appear on most AP U.S. Government exams. Know these and be prepared to explain the difference.

69 Factors that Influence Supreme Court Decisions: Public Opinion Public Opinion Constitution isolated Justices from direct political pressure. 1. Life time tenure 2. Salary cannot be reduced 3. Certiorari allows Court to set its own agenda 4. Public has limited access

70 Factors that Influence Supreme Court Decisions: Public Opinion Public Opinion NTL, Court is aware of and sensitive to public opinion 1. Appointment and confirmation 2. Congress and states can amend the Constitution 3. Congress can change the Court s appellate jurisdiction 4. Congress can change the number of justices on the Court 5. Justices can be impeached.

71 Test Tip Do not overlook the ways in which the Supreme Court is insulated from public opinion and the factors that restrain the Court from straying too far from public opinion.

72 Factors that Influence Supreme Court Decision Precedent Judicial Philosophy Public Opinion

73 Questions Explain Stare decisis? What is meant by precedent? Can precedent be overruled? If so, give an example. Contrast judicial restraint and judicial activism. In what ways are Justices isolated from public opinion? In what ways is the Court sensitive to public opinion?

74 Section 6: Summary Chapter 16

75 Implementing Court Decisions Judicial implementation: how and whether court decisions are translated into actual policy, thereby affecting the behavior of others Must rely on others to carry out decisions Interpreting population: understand the decision Implementing population: the people who need to carry out the decision may be disagreement Consumer population: the people who are affected (or could be) by the decision

76 Understanding the Courts The Courts and Democracy Courts are not very democratic. Not elected Difficult to remove judges and justices The courts often reflect popular majorities. Groups are likely to use the courts when other methods fail, which promotes pluralism. There are still conflicting rulings leading to deadlock and inconsistency.

77 What Should the Courts Do? The Scope of Judicial Power Judicial restraint: judges should play a minimal policymaking role Judicial activism: judges should make bold policy decisions and even chart new constitutional ground Political questions: means of the federal courts to avoid deciding some cases

78 What Should the Courts Do? The Scope of Judicial Power Statutory construction: the judicial interpretation of an act of Congress

79 Summary Judicial policymaking and implementation occur in lower federal and state courts. Many important questions are heard by the courts. Much decision making is limited by precedent. Even the unelected courts promote democratic values.