1. FEDERAL COURT SYSTEM
Chapter 16
p. 430

2. DUAL COURT SYSTEM 51 Courts
Virginia State Courts
1.General District Cts.
a. misdemeanors small
crimes
2.Circuit Court
a. felonies, large
crimes (murder)
3.Va.Court of Appeals
4.Virginia Supreme Ct.
Federal Courts
1.Federal District Court
a. Federal crimes,
tax or mail fraud
2.U.S.Court of Appeals
3.U.S.Supreme Court – if
a federal quesiton is involved, state case goes straight here

3. II. The U.S. Supreme Court

4. A. The Nine Supreme Court Justices
1. Who are they? You will get a hand out that gives
a brief biography of each
2. How do they get their job?
a. President appoints/criteria
1) age
2) experience
3) Does he/she think like him?
4) Demographics – Does the court look like
America?
b. Senate must approve

5. B. Terms and salary Serve for life because
2. Salary cannot be reduced because

6. III. Supreme Court Procedure
A. Writ of Certiorari: A court order by the Court to send a case up for review (to be made more certain
1. Takes the “rule of four” – four justices
must agree to hear case
2. Must raise an important constitutional
issue. Only about 150 heard out of
8,500

7. B. Briefs are filed – each side files their side
of the case with supporting cases (stare
decisis)
1. Amicus curiae (friends
of the court: Those
people not actually a
party to the case but
have an interest in its
outcome.
2. Example: N.O.W.files
concerning no Medi-
caid for abortions.

8. C. Oral Arguments: Each side gets 30 minutes to present his side of the case
1. Heard in two week cycles. Two weeks
listening, two weeks writing
2. Opinions are not fast.

9. D. Conferences: In closest secrecy, cases are discussed and voted on
1. Chief justice presides –
He gives his opinion first
followed by the others
2. A vote is tallied as they
speak.
3. Only those cases that
pose difficult questions
or where the lower
court disagree reach
the Supreme Court.

10. E. Opinions: How and why the court decided the way it did.
1. If Chief Justice is in
majority, he assigns
who writes the
majority opinion
2. Senior justice who voted with minority assigns the dissenting opinion

11. G. Types of opinions
1. Majority opinion: the official published
opinion of the Supreme Court
2. Concurring opinion: Justice voted with
the majority but for different reasons
3. Dissenting opinion: Justices give their
reasons for disagreeing. The minority
opinion of today could be the majority
opinion of tomorrow.

12. H. Why are Supreme Court decisions so
important?
Opinions set the precedents that all states must follow. Each decisions has the strength of law. Examples are Roe vs.
Wade, Miranda vs. Ariz., and Brown vs. State Board of Topeka, Kansas.

13. IV. Power of the Court Court has overturned over 160 laws
(abortion, school segregation, etc)
1. All congress has to do is pass a
revised law such as restrictions
on recent voting restrictions

14. B. Frequency Court Reverses itself
Usually Court decides based on “stare
decisis” (let the decision stand) Why?
a. Keeps law stable and not chaotic.
b. Maintains equal justice: That which is
fair for one must be fair for another
2. Court has overruled itself over 260 times
which shows its power.

15. 3. Another measure of Court’s power is agreeing to hear “political questions such gerrymandering or the 2000 election

16. 4. And finally the Court’s power is measured by kinds of “remedies it imposes. examples: Prison reform or requiring all schools to teach English to foreign students

17. IV. Judicial Restraint vs. Judicial Activism
Definitions:
1. Judicial Restraint: Deciding cases on
precedent and original intent. Legis-
ture should make changes because
they are controlled by elections
2. Judicial Activism: Deciding cases in a
way that changes direction of gov’t
policy.

18. IV. Judicial Restraint vs. Judicial Activism