1. The Federal Courts
Chapter 16

2. A Dual Court System State Courts Hear most of the country’s cases
Hear civil and criminal cases about state laws and state constitutions
Cases not under federal jurisdiction
Federal Courts
Interprets and applies the constitution, federal laws and treaties
Cases that arise on the high seas
Cases that involve certain parties

3. Those certain Parties…
between the US vs state,
two or more states,
citizens of different states, or
state vs foreign country

4. Jurisdiction of Federal Courts
Original Jurisdiction- first court to hear the case
District courts have original jurisdiction
Supreme Court has some original jurisdiction-- cases involving foreign diplomats or when the State is a party

5. Appellant Jurisdiction
Cases heard on appeal from lower courts, regulatory agencies or from State Supreme Courts on federal issues
Constitutional Courts
94 district courts (hear most of the federal cases- 80%)
12 Courts of Appeal Circuits- Gate keepers
1 Court of Appeals for Federal Circuit
1 US Court of International Trade
1 Supreme Court

6. The Structure of the Federal Court System
Figure 16.1

7. Appointment of Judges Constitutional Courts
Appointed by President and confirmed by the Senate
Serves a life term
Removed by impeachment
Salaries cannot be reduced
Legislative Courts
Appointed by President, confirmed by Senate and serves a fixed term

8. President’s most lasting legacy
Senatorial courtesy- Right of home state senator to reject
Presidents will pick judges that:
share his ideology
partisanship
competent and high ethical behavior
held high administrative or judicial positions

9. Nominee’s Characteristics
Acceptability to Senate
Age
Competent (ABA rating)
Gender
Issue orientation (litmus test)
Partisan Identification
Patronage
Race/ethnicity
Region
Religion
Role (activist/restrain)
Reputation (ethics, education, character

10. Outside Influence on Selection
Interest Groups
Media/Advertisement
Campaign Contributions to Senators or White House
Mail-ins
OP/ED pieces
Lobbying Senate, Senate Judiciary Committee, White House
Protests
Ratings

11. Supreme Court Demographics A Very Exclusive Body
112 Members
4 Females
110 Whites
93 Protestants
6 Immigrants
First Catholic-1835
First Jew- 1916
First African American- 1967
First Woman-1981
First Court to be composed of all law school graduates-1957
First Italian American- 1986
First Hispanic- 2009

12. Profile of Judges
Republican judges are more conservative in their opinions than democratic judges.
Justices who were prosecutors are not sympathetic of the rights of the defendants.
Women judges are not more lenient than male judges.
Number of minority judges are too small to make any generalizations.

13. Judicial Review Marbury v Madison, 1803
The power to decide on the constitutionality of acts of Congress and actions of the president.
Supreme Courts has great power as the arbiter of disputes between states and federal government.

14. How cases reach the Supreme Court
Petition for a Writ of Certiorari
Rule of Four
About 8,000 cases are appealed to the Supreme Court every year
Justices have almost complete control over their caseload
Only about 75 cases will be accepted

15. Court at Work Briefs- written legal arguments
Oral arguments- each side 30 minutes
Solicitor general- argues cases for the federal government and decides what cases to appeal (10th justice)
Conference
Opinions
Majority, concurring, dissenting

16. Selecting Cases Substantial Federal issue
Involves civil liberties or civil rights
Conflicts between Courts of Appeals
Disagreement between majority of Supreme Court and lower courts decisions
Must be a justiciable dispute
Standing to sue
Court is least likely to use constitution to settle cases
Voids cases dealing with the “Doctrine of political questions”

17. Deciding cases Judicial Activism- liberal construction
Judges make bold policy decisions, chart new constitutional grounds, correct the needs not meet by majoritarian process.
Judicial restraint- strict construction
Judges play a minimal policy making role and uses original intent of founding fathers
Court Activism- striking down acts of Congress as unconstitutional

18. Deciding Cases…
Court rarely decides cases in opposition to public opinion and during times of critical elections the court is in line with the majority (Funston).

19. Court and Pluralism
Groups will use litigation to achieve policy objectives.
Almost every major policy decision ends up in court.
Always turning to the courts will result policy delays, gridlock and inconsistencies.
Interest groups can always find judges that will rule in their favor.
Democratic theorists criticizes the courts because they are not representative of the people or majority of public opinion.

20. Latin Terms Per Curiam decision- decision without explanation
Amicus Curiae- Friends of the Court
Stare decisis- Let the decision stand (precedent)
In Forma Pauperis- in the form of a pauper
(Allows poor people to appeal their cases to the Supreme Court- Gideon vs Wainwright)