Chapter 18 The Judicial Branch: The Federal Court System

Appointments, Terms & Pay Article III, Section II: The President shall nominate, and by and with the advice and consent of the Senate, shall appoint Judges of the Supreme Court – and district courts Article III, Section II: The President shall nominate, and by and with the advice and consent of the Senate, shall appoint Judges of the Supreme Court – and district courts Tend to select those who agree with the Presidents views Tend to select those who agree with the Presidents views Removal: Retire, Resign or die – may be removed only through the impeachment process Removal: Retire, Resign or die – may be removed only through the impeachment process

The Supreme Court The Supreme Court The Supreme Court “Equal Justice for All” “Equal Justice for All” Only court created by the Constitution Only court created by the Constitution 1 Chief Justice & 8 Justices 1 Chief Justice & 8 Justices Judicial Review Judicial Review Decide the constitutionality of an act of government Decide the constitutionality of an act of government Final authority on the meaning of the Constitution Final authority on the meaning of the Constitution Decided in Marbury v. Madison Decided in Marbury v. Madison

Today’s Court……

How Cases Reach the Court 8,000/yr. cases appeal to Supreme Court 8,000/yr. cases appeal to Supreme Court Only read a few hundred (most are denied) Only read a few hundred (most are denied) “Rule of Four”: at least four of the nine justices must agree to hear the case “Rule of Four”: at least four of the nine justices must agree to hear the case

Appealing a case to the Supreme Court 1. Case is filed in a federal district court 2. Case is appealed to a federal court of appeals 3. Case is appealed to the Supreme Court. The Supreme Court may do any of the following: a. Allows the lower-court ruling to stand, or b. Sends the case back to the lower court or reconsider it, or c. Agrees to hear the case 4. Supreme Court rules on the case

How the Court Operates Time Span: October – June/July; 2- week rotation Time Span: October – June/July; 2- week rotation Oral Arguments: Lawyers get 30 minutes to verbally plead their case Oral Arguments: Lawyers get 30 minutes to verbally plead their case Briefs: written documents submitted before the oral arguments begin Briefs: written documents submitted before the oral arguments begin The Court in Conference: gather to debate the case The Court in Conference: gather to debate the case

Opinion of the court Majority Opinion: “Opinion of the Court” – decision Majority Opinion: “Opinion of the Court” – decision Precedent: examples to be followed in similar cases Precedent: examples to be followed in similar cases Concurring Opinion: Justices may write this to add a point in the original majority opinion Concurring Opinion: Justices may write this to add a point in the original majority opinion Dissenting Opinion: Justices may write this to show their disagreement in the majority opinion Dissenting Opinion: Justices may write this to show their disagreement in the majority opinion

Types of Jurisdiction Exclusive Jurisdiction: cases can be heard ONLY in federal courts Exclusive Jurisdiction: cases can be heard ONLY in federal courts Concurrent Jurisdiction: federal and state courts share the power to hear cases Concurrent Jurisdiction: federal and state courts share the power to hear cases Original Jurisdiction: a court in which a case is first heard Original Jurisdiction: a court in which a case is first heard Appellate Jurisdiction: a court that hears a case on appeal Appellate Jurisdiction: a court that hears a case on appeal

Kinds of Law Applied in Texas State Courts Constitutional Law: U.S. & State Constitutions Constitutional Law: U.S. & State Constitutions 1. Statutory Law: laws enacted by legislative bodies (U.S. Congress, Texas Legislature, etc.) 2. Administrative Law: rules, orders & regulations that are issued by Federal, State, and Local officers 3. Common Law: unwritten, judge-made law – generally accepted ideas of right and wrong 4. Equity: remedy before action Injunction: court order prohibiting a specified action Injunction: court order prohibiting a specified action

Types of Law Criminal Law Criminal Law Offenses against a public order/law Offenses against a public order/law Felony: large crime punished by heavy fines & sentences Felony: large crime punished by heavy fines & sentences Ex: Murder, Armed Robbery, etc. Ex: Murder, Armed Robbery, etc. Misdemeanor: lesser offenses punished by small fines & sentences Misdemeanor: lesser offenses punished by small fines & sentences Ex: Traffic Violation Ex: Traffic Violation Civil Law Civil Law Disputes between private parties Disputes between private parties Ex: Divorce, Custody, Contracts, etc. Ex: Divorce, Custody, Contracts, etc. Suit/Lawsuit Suit/Lawsuit Reward/Punishment = $/Fine Reward/Punishment = $/Fine

Jury System A body of persons selected to hear evidence and decide questions of fact in a court case A body of persons selected to hear evidence and decide questions of fact in a court case Grand Jury: determine whether the evidence against a person charged with a crime is sufficient to justify a trial (usually criminal cases) Grand Jury: determine whether the evidence against a person charged with a crime is sufficient to justify a trial (usually criminal cases) Double Jeopardy: no person may be tried for major crime without being indicted by a grand jury Double Jeopardy: no person may be tried for major crime without being indicted by a grand jury 12 members/9 must find the accused guilty 12 members/9 must find the accused guilty Petit Jury: trial jury – reviews the evidence and decides the disputed facts Petit Jury: trial jury – reviews the evidence and decides the disputed facts County: 6 members County: 6 members District: 12 members District: 12 members Both need a UNANIMOUS decision Both need a UNANIMOUS decision

Organization of state courts Local Trial Courts Local Trial Courts Justice of the Peace (JP): popularly elected; usually try misdemeanors and civil cases less than $5,000; issues warrants, perform marriages, etc. Justice of the Peace (JP): popularly elected; usually try misdemeanors and civil cases less than $5,000; issues warrants, perform marriages, etc. Municipal Courts: city-wide jurisdiction; try criminal cases; city council appoints judges Municipal Courts: city-wide jurisdiction; try criminal cases; city council appoints judges County-Level Courts County-Level Courts One court for each county One court for each county Minor criminal cases Minor criminal cases Probate cases: proving the validity of a will Probate cases: proving the validity of a will Can hear appeals form local trial courts Can hear appeals form local trial courts