1. Chapter 18

2.  Dual Court System  The United States has a two court system  The National Judiciary (Federal)  The State Court  Ran by the 50 states  Most serious cases are heard in the Federal Court System  Examples of Federal Crimes:  aggravated assault, battery, arson, burglary, illegal drug abuse/sales, embezzlement, grand theft, treason, espionage, racketeering, robbery, murder, rape, kidnapping and fraud. aggravated assaultbatteryarsonburglaryillegal drug abusesalesembezzlementgrand thefttreason espionageracketeeringrobberymurderrape kidnappingfraud

5.  Jurisdiction : The authority of the Federal Court to hear a case  Literally means: “to say the law”

6.  Reason #1: The Subject Matter of a Case  “The interpretation and application of a provision in the Constitution in any federal statue or treaty”  A question admiralty of law (matters that occur on the sea)  Ex: Collision at sea or a crime committed on a ship

7.  Reason 2: The Parties involved in the Case  If any of the parties in the case is:  The United States or one of its officers or agencies  An ambassador or other representative of a foreign gov’t  One of the 50 states suing another state  A citizen of one state suing the citizen of another state  U.S. citizen suing a foreign gov’t or one of its subjects  A citizen of one state suing a citizen of that same state where both claim land under grants from different states

8. Exclusive and Concurrent Jurisdiction  Some cases can only be heard in federal courts. In that case, federal courts have exclusive jurisdiction.  Many cases may be tried in a federal court or a State court. In such an instance, the federal and State courts have concurrent jurisdiction. Original and Appellate Jurisdiction  A court in which a case is first heard is said to have original jurisdiction over that case.  A court that hears a case on appeal from a lower court has appellate jurisdiction over that case.  The Supreme Court exercises both original and appellate jurisdiction.

9. Federal JurisdictionConcurrent Jurisdiction State Jurisdiction A state may have concurrent jurisdiction with a federal court, for example, when a crime defined under state law is committed on federal property.

10.  The President has the power to appoint Supreme Court Justices and Federal Court Judges  The Senate confirms the appointments  Most Judges come from backgrounds of:  Leading Attorneys  Legal Scholars  Law School Professors  State Judges  Former Congress Members

11.  Judicial Restraint: Judges should always make decisions based on  The original intent of those who wrote the Constitution  Precedent (how previous cases have been ruled)  Judicial Activism: Judges should be more bold  The law should be interpreted and applied in light of ongoing changes in our American lifestyles  Ex: Civil Rights, Social Welfare Issues

12.  Supreme Court Judges and Inferior Court Judges are appointed for LIFE  Until….they retire, resign, or die  Only removed through the impeachment process  Judges in Special Courts do NOT serve for LIFE (See Slide 3 for the Diagram)  Ranges from 4-15 years depending on the specific court (See page 510)

13.  Congress sets the pay for Judges  Retirement Option 1 : Judges may retire at 70 and if they served 10 years they receive their full salary for the rest of their life  Retirement Option 2: Judges may retire at 65 is they have served 15 years they receive their full salary for the rest of their life

14. Federal judges have many levels of support in order to fulfill their roles: U.S. magistrates are appointed by each federal district court judge to handle duties ranging from issuing warrants to setting bail in federal criminal cases. Each federal district judge appoints one bankruptcy judge for their district. The President nominates, and the Senate approves, a United States attorney for each federal judicial district. The President and the Senate also select a United States marshal to serve each of the district courts. Marshals act much like county sheriffs in regard to federal crimes.

15.  The Inferior Courts Handle most of the cases tried in the Federal level  United States District Court, Texarkana  This Courthouse sits evenly on top of the Texas Arkansas border in Texarkana. It is the only Federal courthouse in the United States built in two states.

16. Federal Judicial Districts  The 94 federal judicial districts  one district in each State,  the District of Columbia  and Puerto Rico.  Larger and more populous States are divided into two or more districts, reflecting the larger amount of judicial work done there.  Note: 300,000 cases/yr which is 80% of the federal caseload

17.  District courts have original jurisdiction over most cases that are heard in federal courts. (80% of all cases)  District courts hear criminal cases and civil cases.  A Federal Criminal Case: a defendant is tried for committing some action that Congress declared by law to be a federal crime.  Ex: Bank Robbery, Mail Fraud, Counterfeiting  A Federal Civil Case : involves noncriminal matters.  Ex: Contract between two people or a claim of patent infringement  **Docket: The list of cases to be heard**

18.  The courts of appeals were created in 1891 to manage the burden that the Supreme Court faced in ruling on appealed cases.  There are 12 Courts of Appeals today  These were originally called “Circuit Court of Appeals”  Congress in 1948, changed the name from the “Circuit Court” to the “Court of Appeals”

19.  179 circuit judges in the 12 appeals courts.  A Supreme Court justice is also assigned to each of the circuits.  Example: US Court of Appeals for the 11 th Circuit  The circuit covers three states Alabama, Georgia and Florida  The court is composed of 12 judges and Sup. Court Justice, Anthony Kennedy is assigned to this circuit

20.  See Previous Slide  Follow the Diagram  Veteran Claims, Federal Claims, and Trade Claims appeal to the US Court of Appeals for the Federal Circuit  Then onto the supreme court if they are appealed again

21.  What do you notice about the symbol of justice?  What is she implying?

22.  The ultimate power to decide the constitutionality rests with the Supreme Court  The Supreme Court is the FINAL authority on the meaning of the Constitution  The Supreme Court first asserted its power of judicial review in the case of Marbury v. Madison (1803).  (Page 518-519)

24.  The Supreme Court has both original and appellate jurisdiction.  The Court has original jurisdiction over cases involving two or more States and all cases brought against ambassadors or other public ministers.  Most cases heard by the Court are appeals cases. The Court hears only one to two cases in which it has original jurisdiction per year.

25.  About 8,000 cases per year  Of these 8,000 the court only accepts a few hundred  In most cases petitions for review are denied because most of the justices agree with the lower court decision For a case to be heard by the Court, four of nine judges must agree that it should be placed on the Court’s docket.  Quick Quiz: What is a DOCKET?

26.  The Supreme Court also holds the power to REMAND or return the case to a lower court  Most cases reach the Supreme Court via writ of certiorari, an order to a lower court to send a case to be reviewed at Supreme level  Either party to a case can petition the Supreme Court to issue a Writ  Cases can reach the Supreme Court by certificate when a lower court asks for the Court to certify the answer to a specific question in the matter.

28. Oral Arguments Once the Supreme Court accepts a case, it sets a date on which lawyers on both sides will present oral arguments. Briefs Briefs are written documents filed with the Court before oral arguments begin. The Court in Conference The Chief Justice presides over a closed-door conference in which justices present their views on the case at hand.

29. Once the Court finishes its conference, it reaches a decision and its opinion is written