1. Chapter 16 The Federal Courts

2. Article III: The Judicial Branch Job under Separation of Powers: Job under Separation of Powers: Interpret the Law Marbury vs. Madison- Supreme Court case that established Judicial Review Marbury vs. Madison- Supreme Court case that established Judicial Review Judicial Review- the power of the courts to declare acts of the executive/legislative unconstitutional Judicial Review- the power of the courts to declare acts of the executive/legislative unconstitutional

3. The Courts Introduction: Introduction: Two types of cases: Two types of cases: Criminal Law: The government charges an individual with violating one or more specific laws. Criminal Law: The government charges an individual with violating one or more specific laws. -Prosecutor vs. Defendant Standard for conviction: Beyond a Reasonable Doubt Standard for conviction: Beyond a Reasonable Doubt Civil Law: The court resolves a dispute between two parties and defines the relationship between them. Civil Law: The court resolves a dispute between two parties and defines the relationship between them. -Plaintiff vs. Defendant Found liable: Preponderance of the Evidence Found liable: Preponderance of the Evidence Most cases are tried and resolved in state, not federal courts. Most cases are tried and resolved in state, not federal courts. Cases of burglary or divorce Cases of burglary or divorce

4. The Courts Participants in the Judicial System Participants in the Judicial System Litigants Litigants Prosecutor- presents the state’s or people’s case against a criminal defendant Prosecutor- presents the state’s or people’s case against a criminal defendant Plaintiff - the party bringing the charge (civil case) Plaintiff - the party bringing the charge (civil case) Defendant - the party being charged Defendant - the party being charged Jury - the people (normally 12) who often decide the outcome of a case Jury - the people (normally 12) who often decide the outcome of a case Standing to sue: plaintiffs have a serious interest in the case; have sustained or likely to sustain a direct injury from the government Standing to sue: plaintiffs have a serious interest in the case; have sustained or likely to sustain a direct injury from the government Voir dire- questioning process for jury selection Voir dire- questioning process for jury selection

5. County Level Courts Justice Courts Municipal Courts Court Structure of Texas Court of Appeals Supreme Court Civil Appeals Court of Criminal Appeals District Courts Appeal of Death Sentence

6. Figure 16.1 The Structure of the Federal Judicial System 12 circuit courts

7. How Cases reach the U.S Supreme Court

8. The Structure of the Federal Judicial System District Courts (94 federal courts) District Courts (94 federal courts) Original Jurisdiction: courts that hear the case first and determine the facts - the trial court Original Jurisdiction: courts that hear the case first and determine the facts - the trial court Deals with the following types of cases: Deals with the following types of cases: Federal crimes Federal crimes Civil suits under federal law and across state lines Civil suits under federal law and across state lines Supervise bankruptcy and naturalization Supervise bankruptcy and naturalization Review some federal agencies Review some federal agencies Admiralty and maritime law cases Admiralty and maritime law cases Supervision of naturalization of aliens Supervision of naturalization of aliens

9. The Structure of the Federal Judicial System Courts of Appeal Courts of Appeal Appellate Jurisdiction: reviews the legal issues in cases brought from lower courts Appellate Jurisdiction: reviews the legal issues in cases brought from lower courts Hold no trials and hear no testimony Hold no trials and hear no testimony 12 circuit courts 12 circuit courts (5 th circuit: Texas, Louisiana, Mississippi) U.S. Court of Appeals for the Federal Circuit – specialized cases U.S. Court of Appeals for the Federal Circuit – specialized cases Focus on errors of procedure and law Focus on errors of procedure and law

10. The Structure of the Federal Judicial System

11. The U.S Supreme Court The U.S Supreme Court Ensures uniformity in interpreting national laws, resolves conflicts among states and maintains national supremacy in law Ensures uniformity in interpreting national laws, resolves conflicts among states and maintains national supremacy in law 9 justices – 1 Chief Justice, 8 Associate Justices 9 justices – 1 Chief Justice, 8 Associate Justices Chief Justice: John Roberts Chief Justice: John Roberts Supreme Court decides which cases it will hear— controls its own agenda Supreme Court decides which cases it will hear— controls its own agenda Some original jurisdiction, but mostly appellate jurisdiction Some original jurisdiction, but mostly appellate jurisdiction Most cases come from the federal courts Most cases come from the federal courts In session from Oct.-April In session from Oct.-April

12. The Politics of Judicial Selection Presidents appoint members of the federal courts with “advice and consent” of the Senate. Presidents appoint members of the federal courts with “advice and consent” of the Senate. Supreme Court Justices serve for Life Supreme Court Justices serve for Life The Lower Courts The Lower Courts Appointments handled through Senatorial Courtesy: Appointments handled through Senatorial Courtesy: Unwritten tradition where a judge is not confirmed if a senator of the president’s party from the state where the nominee will serve opposes the nomination Unwritten tradition where a judge is not confirmed if a senator of the president’s party from the state where the nominee will serve opposes the nomination Has the effect of the president approving the Senate’s choice Has the effect of the president approving the Senate’s choice President has more influence on appellate level President has more influence on appellate level

15. Government Lawyer in front of the U.S Supreme Court The Solicitor General: The Solicitor General: a presidential appointee and third-ranking office in the Department of Justice a presidential appointee and third-ranking office in the Department of Justice is in charge of appellate court litigation of the federal government is in charge of appellate court litigation of the federal government Four key functions Four key functions Decide whether to appeal cases the government lost Decide whether to appeal cases the government lost Review and modify briefs presented in appeals Review and modify briefs presented in appeals Represent the government before the Supreme Court Represent the government before the Supreme Court Submit a brief on behalf of a litigant in a case in which the government is not directly involved Submit a brief on behalf of a litigant in a case in which the government is not directly involved

16. Figure 16.4 The Courts as Policymakers Accepting Cases Accepting Cases Use the “rule of four” to choose cases Use the “rule of four” to choose cases Issues a writ of certiorari to call up the case Issues a writ of certiorari to call up the case Supreme Court accepts few cases each year Supreme Court accepts few cases each year

17. Figure 16.5 The Courts as Policymakers Making Decisions Making Decisions Briefs-lawyers submit to the court, prior to oral arguments, presenting their side of the case Briefs-lawyers submit to the court, prior to oral arguments, presenting their side of the case Amicus Curiae briefs used to influence the courts Amicus Curiae briefs used to influence the courts “friend of the court” briefs used to raise additional points of view and information not contained in briefs of formal parties “friend of the court” briefs used to raise additional points of view and information not contained in briefs of formal parties Oral arguments heard by the justices Oral arguments heard by the justices Justices discuss the case in Conference Justices discuss the case in Conference Opinions are issued Opinions are issued

18. The Courts as Policymakers Court’s Opinion Court’s Opinion One justice will write the majority opinion (statement of legal reasoning behind a judicial decision) on the case One justice will write the majority opinion (statement of legal reasoning behind a judicial decision) on the case Dissenting opinions are written by justices who oppose the majority. Dissenting opinions are written by justices who oppose the majority. Concurring opinions are written in support of the majority but stress a different legal basis. Concurring opinions are written in support of the majority but stress a different legal basis. Stare decisis: let previous decision stand unchanged Stare decisis: let previous decision stand unchanged Precedent: how similar past cases were decided Precedent: how similar past cases were decided May be overruled May be overruled

19. Precedence Plessy vs. Ferguson- separate but equal was constitutional Plessy vs. Ferguson- separate but equal was constitutional Brown vs. Board of Education- separate but equal was unconstitutional; overturned Plessy Brown vs. Board of Education- separate but equal was unconstitutional; overturned Plessy

20. Understanding the Courts What Courts Should Do: The Scope of Judicial Power What Courts Should Do: The Scope of Judicial Power Original Intent: the idea that the Constitution should be viewed according to the original intent of the framers Original Intent: the idea that the Constitution should be viewed according to the original intent of the framers Judicial restraint: judges should play a minimal policymaking role Judicial restraint: judges should play a minimal policymaking role Judicial activism: judges should make bold policy decisions and even chart new constitutional ground Judicial activism: judges should make bold policy decisions and even chart new constitutional ground Statutory construction: the judicial interpretation of an act of Congress Statutory construction: the judicial interpretation of an act of Congress