Article III of the Constitution The Courts Supreme Court of the United States

What kind of justice do we need and why?

Judicial System Theory: Truth and justice will emerge from an adversarial struggle between the parties to dispute. What is Required to Establish Truth and Justice? An impartial knowledgeable judge who can understand the facts and apply the law. The parties are represented by lawyers who know the procedural rules of the court and are effective advocates for their clients.

Types of Cases Criminal Cases (Law and Order): State or federal government files a claim in a court charging an individual (person or corporation) with breaking a criminal law (murder, robbery etc) Civil Cases (Judge Judy; People’s Court) One or more individuals (person, government) files a complaint in a court asking a court to resolve a dispute (not involving a criminal law) with one or more other individuals.

What can Courts Decide? **Courts can decide only actual disputes, not settle theoretical questions. The disputes must be brought to court by parties to it. The court cannot initiate the case in the U.S.

Litigants: Parties to Cases Plaintiff/Petitioner: The party that begins the case by filing a “complaint” In a criminal case, the plaintiff is the government, and is called the “prosecution” Defendant/Respondent: The respondent in a case In the name of the case (Brown v Board of Education) the name of the plaintiff is first and the defendant is second.

Who Can Bring a Case? “Standing to Sue” The requirements that the plaintiff have serious interest in the dispute that is the subject of the case “Has the plaintiff suffered or likely to suffer a direct and substantial injury that can be addressed in the case?”

Class Action Lawsuits Cases in which one or more individuals represent (as plaintiffs or defendants) a group of persons similarly situated. Class Action Lawsuit against WalMart by female employees about equal pay Dukes v Walmart

The Structure of the Judicial System

Jurisdiction “Original Jurisdiction”: the jurisdiction of the court to hear a case first – usually at a trial. The court with original jurisdiction will hear the claims of fact and law between the parties, determine the facts, apply the law, and make the initial decision in the case. “Appellate Jurisdiction”: the jurisdiction of the courts that hear cases brought to them on appeal from decisions of a lower court. The appellate courts do not re-decide factual disputes (they accept the factual record of the case from the trial court) but only on the legal issues of the case.

State & Federal Courts Under the system of federalism created by the Constitution, court systems exist at both the state and federal levels of government. Since 1945, the state and federal courts have become more similar in their procedural rules. In broad terms, state courts handle disputes arising under state law and federal courts handle disputes arising under federal law.

State and Federal Courts 98% of all criminal cases are decided in the state courts Only a small percentage of cases are decided by trial. Most criminal cases are decided by plea agreements Most civil cases are also decided in state courts. Only a small percentage of cases are decided by trial. Most are settled.

U.S. Federal District Court The court of original jurisdiction for most cases decided by the federal courts. There are 90+ US District Courts – at least one in each state The subject matter of the court’s jurisdiction extends to (primarily) Federal crimes Civil disputes arising under federal law Civil disputes between citizens of different states where the claims exceed $75,000

U.S. Circuit Court of Appeals Has the power to review all final decisions of the district courts within the geographical area of its responsibility. Reviews the decisions of administrative agencies that hold specialized hearings Ex., National Labor Relations Board, Federal Energy Regulatory Commission, etc

U.S. Circuit Court of Appeals 94 judicial districts are organized into 12 Circuits in the United States, each responsible for a geographical region. Court of Appeals for the Federal Circuit – Judges hear cases in specialized cases involving subjects like patents, claims against the US, and international trade.

U.S. Circuit Court of Appeals The Circuit Courts have from 8 to 29 judges. Cases generally are decided by panels of 3 judges.

The Supreme Court is the only court established by the United States Constitution (in Article III); all other federal courts are created by Congress: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Supreme Court has final authority in cases involving the Constitution, Acts of Congress, or treaties.

U.S. Supreme Court Supreme Court has both original and appellate jurisdiction Mostly hears cases from lower courts (appellate jurisdiction) There are 9 Justices on the Supreme Court (One Chief Justice and 8 Associate Justices) The vast majority of cases appealed are not taken– Court must decide there is a pressing constitutional issue.