The Judiciary How the national and state court systems work along with a brief look at due process…..

The Myth of a single system Article 3 and the national courts State systems Multiple sources of law: national, state, and local :Vast majority are “ courts of general jurisdiction ” No special constitutional courts

The Pyramid Structure Both the federal and state systems are constructed like a pyramid Entry levels are TRIAL COURTS: concerned with FACT Appellate courts: concerned with errors in law not fact

Article 3 of the Constitution U.S. District Courts (94) U.S. Court of Appeals or Circuit Courts (12 circuits: 11 (cover at least 3 states) and District of Columbia. Number of judges vary but a panel of 3 sit on each case. May decide cases on written briefs or oral argument. Majority/Concurring/Dissenting Opinions

Article 3 (cont.) Supreme Court (9 justices) original and appellate jurisdiction. Top of the pyramid How are justices selected? What are the qualifications and terms? Rule of 4 and writ of certiorari Will they hear the case?

The Supreme Court Jurisdiction Original jurisdiction: controversies between 2 states, U.S. & individual state, State vs citizen of another state or alien, case for/vs foreign ambassador & consul Appellate jurisdiction: highest court in the land

Supreme Criteria to Hear a Case Two appellate courts conflict A lower court declares a statute unconstitutional A lower court makes an interpretation that may have violated the rights of the accused The federal government requested a review The case reflects large issues of concern to all Americans The case could help establish useful guidelines in controversial areas

Article I Courts U.S. Court of Appeals for the Armed Forces U.S. Court of Veteran Appeals U.S. Tax Courts U.S. Bankruptcy Courts

Special Courts U.S. Court of Federal Claims: monetary suits vs U.S. U.S. Court of Int ’ l Trade; civil suits vs U.S., federal agencies from int ’ l trade

U.S. Court of Appeals for the Federal Circuit Appeals under patent law, Federal Claims, & Int ’ l Trade courts

California State Courts Pyramid Structure: Trial Courts: Prop 220 passed in June 1998 allows judges in Ca ’ s. 58 counties to vote to merge superior and municipal courts.

California Courts (cont.) Court of Appeals: Six appellate districts with 18 divisions, and 93 justices. Presiding justice and 2 or more associate justice appointed by Governor & confirmed by Commission of Judicial Appointments. Over 25,000 appeals and original proceedings per year Supreme Court highest court in the state and decisions binding on all state courts Chief justice and 6 associate justices appointed by Gov and confirmed by commission. Terms are 12 years and approved by voters after first term. Resolve important legal questions, uniformity in law, review all death sentences.

California State Courts Monetary Limits for Small Claims Court: The jurisdictional limit is $5000. You may file as many claims as you wish for up to $2,500 in the Small Claims Court, but are limited to (2) claims for up to $5,000 each calendar year. The filing fee is $20 unless you have filed more than 12 claims in one court within the past 12 months. The Parties Present their Cases Themselves: An attorney may not represent you in court, although you may consult an attorney before you go to court or after.

Key Judiciary concepts Judicial review Statutory construction Original jurisdiction Appellate jurisdiction

The Fourth Amendment The right of the people to be secure IN THEIR PERSONS, HOUSES, PAPERS, and EFFECTS, against UNREASONABLE SEARCHES AND SEIZURES, shall not be violated; and no WARRANTS shall issue, but upon PROBABLE CAUSE, supported by oath or affirmation, and PARTICULARLY DESCRIBING the place to be searched, and the persons or things to be seized.

Exceptions to the warrant clause Search incident to a lawful arrest: Most fit under this category. Chimel v California (1969) search arrested person and area immediately surrounding the area for hidden weapons or evidence that could be destroyed. Plain view if officer in area where right to be, then evidence in plain view can be seized Hot pursuit:Follow suspect into building and seize any evidence they may find

More exceptions… Automobiles: “ Diminished expectation ” Exigent circumstances: Emergency situations…bomb…fire