November 4, 2014

 Who are these folks?  In what branch of government do they belong? They are the justices who serve on the U.S. Supreme Court. It is part of the judicial branch.

The president appoints federal judges subject to Senate confirmation by majority vote. When voters elect a president and a Senate, they are also choosing judges.

The Constitution says that judges serve for “life, with good behavior.” Why did the framers of the Constitution provide for the lifetime appointment of judges?

Alexander Hamilton said this about life tenure: “And it is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws.” The framers wanted judges to be as little influenced by politics as possible.

Trial courts Trial courts hear testimony and review evidence. They have judges and, maybe, juries. They determine the facts of a case. Appellate courts Appellate courts make decisions based on points of law. They do not retry cases.

Trial courts Appellate courts Appellate court

District courts are the basic trial courts of the federal system. They try all federal cases, including both civil cases and criminal cases. District courts are trial courts, with judges, witnesses, testimony, evidence, juries, verdicts, etc.

A criminal case is a legal dispute dealing with an alleged violation of a penal law.  Bank robbery  Postal theft  Drug trafficking

A civil case is a legal dispute concerning a private conflict between two or more parties-- individuals, corporations, or government agencies.  Contract dispute  Bankruptcy

Civil District courts have jurisdiction over bankruptcy cases filed under federal law, civil cases involving more than $75,000 in which the U. S. government is a party, and if either litigant requests it, lawsuits in which the parties live in different states and in which more than $75,000 is at stake. criminal District courts try all federal criminal cases, including postal theft, bank robbery, securities fraud, etc. Note: Most cases (murder, robbery, burglary, assault, theft, divorces, personal injuries, etc.) are tried in state courts, not federal courts.

Senatorial courtesy is the custom that senators have a veto on the nomination of judges to staff district courts located in their states. When district court vacancies occur, senators from the states where the vacancies are located submit names to the president, who makes the official nomination. Note: Senatorial courtesy only applies to the appointment of U.S. district judges, not courts of appeal or Supreme Court judges.

The Senate Judiciary Committee evaluates nominees. The staff conducts a background check and the committee holds a hearing. Although few nominees are rejected, the process is often slow. If Republicans win a Senate majority today (November 2014), the process may grind to a halt until after the 2016 election.

There are 12 courts of appeals including one for the District of Columbia. Cases from Texas go to which court of appeals circuit? Texas is in the 5 th Circuit.

The courts of appeals hear cases appealed from federal trial courts, primarily U.S. district courts. Fifth Circuit Court of Appeals building in New Orleans, Louisiana These are appeals courts, with judges reading briefs and hearing lawyers argue about issues of law.

Appeals courts do not retry cases. They review records and consider legal arguments.

The court may affirm (uphold) the lower court decision, reverse it, modify it, or affirm part of the lower court ruling while reversing or modifying the rest. Frequently, an appeals court may remand (return) a case to the trial court for reconsideration in light of the appeals court decision.

The courts of appeals have the final word on more than 95 percent of the cases they hear because the Supreme Court rarely intervenes on appeal.

 More contentious than district court confirmations  Senatorial courtesy does not apply  Senate takes more care  New arena for conflict between the parties