Federal Courts There are two separate court systems in the United States: 1) Federal and 2) State *Most cases heard in court are heard in State courts The Constitution created only the Supreme Court, giving Congress the power to create “inferior” courts. There are two main types of “inferior” federal courts: 1.Constitutional Courts- exercise broad judicial power. 2.Special Courts- deal with expressed powers, they hear a much narrower range of cases.

Jurisdiction Jurisdiction- The authority of a court to try and decide a case. ( “to say the law” ) Types of Federal Court Jurisdiction: 1.Exclusive: cases that can only be heard in federal courts. (Ex: a case involving a foreign government) 2.Concurrent: cases that can be tried in either federal or state court. (disputes between citizens of different states). A court in which a case is first heard has Original Jurisdiction A court that hears a case on appeal from a lower court has Appellate Jurisdiction.

Appointment of Judges Who appoints Federal Court Judges? ( the President, with consent from the Senate) -Usually, the President takes into consideration senatorial courtesy in the selection of federal judges. (Unwritten rule) From what background do most federal judges come from? What other considerations do you think the President makes in his selections? Do all Federal Court Judges have the same length of Term?

State Courts - The principal function of state courts: Private party vs. private party Private party vs. government - Kinds of Law applied in State Courts: Constitutional – highest form of law Statutory – consists of laws enacted by Congress, state legislatures, etc. Administrative – composed of rules issued by executive offices Common – unwritten laws; customs Equity – supplements common law

Types of Crimes Criminal Law: Law that defines public wrongs or offenses against the public order and provides for their punishment. -The state is always the prosecution. There are two types of crimes: 1.Felonies: A serious crime that may be punished by a heavy fine, imprisonment, or even death. 2.Misdemeanor: A lessor crime that may be punished by a small fine or short jail term.

The Jury System There are two basic types of Juries in the legal system: 1) Grand and 2) Petit. 1.Grand Jury- With small (6) or large (23) grand juries, an “extraordinary majority” must be reached in order to indict a person. -expensive and time consuming. Most states depend on: -Information: formal charge filed by the prosecutor, without the action of a grand jury. 2. Petit Jury- usually referred to as a trial jury. -Hears evidence and decides disputed facts. -Bench trial- where a minor case is heard without a jury, by the judge alone.

The Jury System xjU xjU

The Inferior Courts Handle most of the cases tried in federal courts 94 District Courts – about 80% of cases on the federal docket (list of cases to be heard) – Have orig. jurisdiction in criminal and civil cases 12 Appellate Courts – Most appeals come from lower District Courts in same circuit Others – Court of Int’l Trade, Court of Appeals for Federal Circuit (National Jurisdiction)

The Supreme Court “High Court” almost always has appellate jurisdiction Chief Justice + 8 Associate Justices Marbury vs. Madison gave courts Judicial Review

The Supreme Court ~ 10K appeals to SC each year; court only hears about cases Most cases reach SC by writ of certiorari – an order to a lower court to send a case for review – Either party may petition Court to issue writ Court selects cases based on “Rule of Four” – At least 4/9 justices must agree to issue writ Some cases reach by certificate

The Supreme Court After hearing briefs and oral arguments, SC Justices meet in conference and are polled, then they debate the case – Amicus Curiae are often brought in Court’s opinion is called the Majority Opinion, and it announces the decision of SC. – These decisions stand as precedents Justices’ individual opinions are often added – Concurring opinion is added to emphasize a point for future cases – Dissenting opinion is made by members of the minority for future Courts to look at & possibly reverse

Due Process The Constitution contains two due process clauses in the 5 th and 14 th Amendments. – 5 th Amendment clause: The federal government cannot deprive any person of “life, liberty, or property without due process of law.” – 14 th Amendment clause: State and local governments cannot deprive any person of “life, liberty, or property without due process of law.” The Supreme Court refuses to give an exact definition of due process. Uses a case-by-case basis.

Due Process Although there is no exact definition, the Constitution does guarantee that the government must act fairly and in accordance with established rules. Two main types of Due Process: – Substantive Due Process – The government is required to create fair policies and laws. (WHAT) – Procedural Due Process – The government must employ fair procedures and methods. (HOW)

Rights of the Accused -The Constitution sets forth a series of rights that those individuals who have been suspected of committing a crime possess. 4 th Amendment- No illegal searches and seizures. Must have proper warrant and no illegally obtained evidence can be used in court. 5 th Amendment- Must be indicted before being tried, no double jeopardy, no self incrimination, due process clause, eminent domain. 6 th Amendment- Right to speedy trial by jury. 8 th Amendment- No excessive bail, no cruel and unusual punishment 14 th Amendment- Due process clause.