2How was it created? Article III Section 1. (Courts & Terms of Office) Section 2. (Jurisdiction)Section 3. (Treason)
3US Court Systems There are two court systems in the United States: National Judiciary (spans the country)State Courts (run by each of the 50 States)Different court systems are needed in order to allow each level to interpret their laws (remember federalism)The constitution gives certain rights to the federal government while reserving other rights for the state
4Court Systems Federal State Created by the Constitution Deals with issues of law relating to powers granted in the ConstitutionStateDifferent in each stateDeal with issues of law relating to those matters that the US Constitution did not give to the federal government or deny to any state
6Criminal vs. Civil LawCriminal LawConcerns offenses against the authority of the stateViolation of a lawPunishment- Jail or prison, fine, death penaltyBurden of Proof- is on stateDefendant is innocent until proven guiltyMust prove guilty beyond reasonable doubt (98-99%)
7Criminal vs. Civil Law Civil Law Law that determines private rights and liabilitiesRelates to human conduct and disputes between private partiesPunishment- Only reimbursement for plaintiff’s lossesBurden of Proof- On Plaintiff, prove more than 50% that defendant caused injury
8State or Federal Court???Read the scenarios and figure out if the case belongs in the federal or state court and why.
9National JudiciaryThe Constitution created the Supreme Court and left Congress to establish the inferior courts—the lower federal courts.There are two types of federal courts:Constitutional CourtsSpecial Courts
11Federal Courts Constitutional Courts Special Courts Supreme Court AppealsDistrict/Trial CourtsSpecial CourtsMilitary, tax court, veterans affairs etc.More specific and narrow casesCreated by Congress
14Jurisdiction What court hears the case? Definition:Authority of a court to hear (try and to decide) a caseArticle III, Section 2 of the Constitution provides that the federal courts may hear a case because either:(1) the subject matter or(2) the parties involved in the case.
15Types of 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.Exclusive and Concurrent JurisdictionSome 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.
16Appointment & TermsFederal judges and Supreme Court Justices are appointed by the PresidentSubject to the approval of the Senate.Most federal judges are leading attorneys, legal scholars and law school professors, former members of Congress etc.Federal Judges Appointed For life (resign, retire, or die)Removal by impeachment (13 federal judges, 7 convicted)Own willSpecial Courts Appointed For 4-15 yearsCongress Determines salaries
19Federal Judicial Districts District Court Jurisdiction The District CourtsFederal Judicial DistrictsThe 94 federal judicial districts include at least 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.District Court Jurisdictionhave original jurisdiction over most cases that are heard in federal courts.The district courts hear a wide range of criminal cases and civil cases.A criminal case, in the federal courts, is one in which a defendant is tried for committing some action that Congress declared by law to be a federal crime. A federal civil case is one which involves noncriminal matters.
20The Courts of AppealsThe courts of appeals were created in 1891 to handle much of the burden that the Supreme Court faced in ruling on appealed cases.Appellate Court JudgesAltogether, 179 circuit judges sit in the 12 appeals courts.A Supreme Court justice is also assigned to each of the circuits.Appellate Court JurisdictionThe courts of appeals only have appellate jurisdiction, hearing cases on appeal from lower federal courts.
24Other Constitutional Courts The Court of International TradeThe Court of International Trade hears civil cases arising out of tariff and other trade-related laws.The Court of Appeals for the Federal CircuitThis appellate court has nationwide jurisdiction and hears cases from several different courts.Most cases heard arise from the U.S. Court of International Trade, the U.S. Court of Federal Claims, and the U.S. Court of Appeals for Veterans Claims.
25Supreme Court http://www.oyez.org/tour?item=introduction The Justices of the Supreme Court of the United States as of Top row (left to right): Stephen G. Breyer, Clarence Thomas, Ruth Bader Ginsburg, and Samuel A. Alito. Bottom row (left to right): Anthony M. Kennedy, John Paul Stevens, Chief Justice John G. Roberts, Antonin G. Scalia, and David H. Souter.
26Supreme Court- What? Only court sanctioned by the Constitution Power of Judicial Review:Determine if a law is constitutionalJurisdiction:Both Original & Appeal
28Judicial Review Judicial review power of a court to determine the constitutionality of a government actionFirst asserted power of judicial review in the case of Marbury v. Madison (1803).The Court’s decision laid the foundation for its involvement in the development of the American system of government.Chapter 18, Section 3
29Supreme Court Jurisdiction 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.Chapter 18, Section 3
30How Cases Reach the Supreme Court 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.CertificateCases can reach the Court by certificate when a lower court asks for the Court to certify the answer to a specific question in the matter.Writ of CertiorariMost cases reach the Court via writ of certiorari, an order to a lower court to send a record in a given case for its review.Cert Denied, court refuses to hear caseChapter 18, Section 3
32How the Supreme Court Operates Oral ArgumentsOnce the Supreme Court accepts a case, it sets a date on which lawyers on both sides will present oral arguments.BriefsBriefs are written documents filed with the Court before oral arguments begin.The Court in ConferenceThe Chief Justice presides over a closed-door conference in which justices present their views on the case at hand.Chapter 18, Section 3
33Opinions of the CourtOnce the Court finishes its conference, it reaches a decision and its opinion is written.
34How cases reach the Supreme Court “Rule of Four”: 4/9 judges agree for a case to be put on the Court’s docket“Writ of certiorari”: “To be made more certain”Certificate: Lower court is not clear