1. The National Judiciary Chapter 18

2. Dual Court System National Judiciary and State Court System –National: more than 120 courts –State: own system of courts; hears most cases Types of Federal Courts (AKA Inferior Courts: lower courts beneath Supreme Court) –Constitutional courts: formed under Article III to exercise “the judicial Power of the United States” –Special courts: narrower range– hear cases arising out of some of the expressed powers given to Congress in Article I

3. The Federal Judicial System: Appellate Courts Supreme Court– “Court of Last Resort” in US (Highest Constitutional Court) US Court of Appeals for the Armed Forces (Special Court) 12 US Courts of Appeals (CC) Court of Appeals for the Federal Circuit (CC)

4. The Federal Judicial System: US Court of Appeals for the Armed Forces Hear cases on appeal from the Military Courts (SC) –Cases dealing with Army, Navy, Marine Corps, Air Force, and Coast Guard –Courts of military review

5. The Federal Judicial System: 12 US Courts of Appeals Hear cases on appeal from 5 types of lower courts 94 District Courts (CC) –hears 90% of federal cases first –At least one in each state –Mostly trial courts US Tax Court (SC) –Handles disputes between IRS and citizens Territorial Courts (SC) –Courts for Virgin Islands, N. Mariana Islands, and Guam Federal Regulatory Agencies (SC) –Courts for investigative bodies like FCC, SEC, etc. Courts of District of Columbia (SC)

6. The Structure of the Federal Judicial System The Federal Judicial Circuits (Figure 16.2)

7. The Federal Judiciary: Court of Appeals for the Federal Circuit Hear cases on appeal from 3 different types of lower courts Court of International Trade (CC) –Issues dealing with customs or imports/exports Federal Claims Court (SC) –Claims of damages against US government, such as unlawful seizure of private property Court of Veterans Appeals (SC)

8. Jurisdiction: authority of a court to hear (try and decide) a case Federal Court Jurisdiction: power of federal courts to hear certain cases Subject Matter –Interpretation of Constitution, treaty, or federal law –Question of admiralty or maritime law Parties Involved –US, one of its officers, or one of its agencies –Ambassadors or other foreign government officials –One of the 50 States, a resident of another State, a foreign government, or one of its subjects –US Citizen suing a foreign government or its subjects –Citizens of the same State where both claim land from different States

9. Exclusive and Concurrent Jurisdiction Exclusive Jurisdiction: cases that can ONLY be heard in certain courts –Trial of a person charged with a federal crime –Case involving a foreign official –Case involving a matter arising out of an act of Congress Concurrent Jurisdiction: cases that may be tried in either a federal court or a State court; sharing the power to hear cases –Disputes involving citizens of different States

10. Federal Crimes under Congressional statutes Cased involving federal laws or regs. –Tax –Social Security –Civil rights –Broadcasting Matters of interstate and int’l commerce –Airline regulation –Railroad regulation Cases involving securities and commodities (takeovers) Admiralty cases International trade law matters Admiralty cases International trade law matters Patent, copyright, and intellectual prop. issues Cases involving treaties, countries, foreigners State law disputes when there is “diversity of citizenship” Bankruptcy matters Disputes between states Habeas corpus actions Traffic violations and misdemeanors occurring on federal property

11. State Crimes under state legislation State constitutional issues, state laws or regulations Family law issues Real property issues Landlord and tenant issues Private contract disputes (except those resolved under bankruptcy law) Regulation of trade and professions Professional malpractice International governance of business associations Personal injury suits Workers’ injury claims Probate and inheritance matters Traffic violations and motor vehicle reg.

12. Concurrent: State or Federal Crimes punishable under both federal or state law Federal constitutional issues Certain civil rights claims “class action” cases Environmental regulations Certain disputes involving federal law

13. Original and Appellate Jurisdiction Original Jurisdiction: possessed by a court in which a case is first heard Appellate Jurisdiction: possessed by a court that hears a case on appeal from a lower court –May uphold lower court’s ruling –May overrule lower court’s ruling (reverse) –May modify the lower court’s ruling Federal Courts and Original Jurisdiction –District Courts: only original jurisdiction –Courts of Appeals: only appellate jurisdiction –Supreme Court: both original AND appellate jurisdiction

14. Supreme Court Jurisdiction Both original and appellate jurisdiction Original Jurisdiction (very rare: 2%) –Cases in which a State is a party –Those affecting ambassadors, public ministers, and consuls Original AND Exclusive Jurisdiction –Controversies involving two or more States –All cases brought against ambassadors or other public ministers

15. Appointment of Judges President appoints ALL federal judges, Senate approves Senatorial Courtesy: President nominates someone recommended by the senators from the State involved (if senators are from same party as the President)

16. Supreme Court Justices John Roberts: Chief Justice, 55, Catholic, white Antonin Scalia: 74, Catholic, white Anthony Kennedy: 73, Catholic, white, swings conservative Clarence Thomas: 61, Catholic, black Ruth Bader Ginsburg: 77, Jewish, white Stephen Breyer: 71, Jewish, white Samuel Alito: 60, Catholic, white Sonia Sotomayer: 55, Catholic, Hispanic, swings liberal Elena Kagan: 50, Jewish, white

17. Judicial Activism and Judicial Restraint Activism: Judge should use his or her position to promote desirable social ends Restraint AKA Strict Constructionist: judges should defer to the actions of the executive and legislative branches in making their decisions

18. Terms and Pay of Judges Terms: “times of good behavior”– life terms –May resign, retire, or die –Removed only through impeachment process Congress sets salaries and retirement arrangements for federal judges

19. Judicial Review Power to decide the constitutionality of an act of government SC is final authority on meaning of the Constitution Marbury v. Madison: established judicial review –Marbury appointed to justice of the peace, confirmed; President Adams signs commission –Incoming President tells new Secretary Madison not to deliver commission for Marbury –Marbury asks SC to force delivery via a writ of mandamus, based on Judiciary Act of 1789 –Chief Justice Marshall refuses Marbury’s request, found part of Judiciary Act in reference unconstitutional

20. How Cases Reach the Court Approximately 8000 requests received a year Usually reach SC by writ of certiorari –An order by the Court directing a lower court to send up a case for review –98% denied, lower court’s decision stands No real harm, political question No strong Constitutional issue A few reach SC by certificate –Request by a lower court to certify an answer about a procedure or rule of law applying to a case

21. How Cases Reach the Court: Rule of Four Four out of nine justices agree that case should be put on the docket Most requests are denied

22. How Cases Reach the Court: The Docket List of cases the Supreme Court is going to hear Only about 100 cases

23. How Cases Reach the Court: Briefs Written documents in support of one side of a case Filed with the Court before oral arguments Amicus curiae briefs: “Friend of the court” –Not actual parties but have a key interest –Highly charged matters

24. How Cases Reach the Court: Oral Arguments October-early May Presentations limited to 30 minutes Includes questions from justices

25. How Cases Reach the Court: Conference Justices meet in secret Chief Justice presides Discuss oral arguments and debate 6 must be present to vote 5 needed for a majority Tie– refer back to lower Court

26. How Cases Reach the Court: Opinion Chief Justice assigns if in majority, or senior associate justice if in minority Majority opinion: announces Court’s decision and sets out reasoning –Serve as PRECEDENTS for future cases –Examples to be followed in similar cases in lower courts or future Supreme Court cases Concurring opinion: agree with majority but written to emphasize a point not made in the majority opinion Dissenting opinion: written when justices do not agree with majority decision