1. The United States Court System

3. Creation of a National Judiciary
Judiciary created in Article III of the Constitution
Two court systems in the US:
National judiciary (federal courts)
State courts
The Constitution created the Supreme Court and left Congress to establish the inferior courts (the lower federal courts).
Two types of inferior courts:
constitutional courts
special courts

5. Federal Court Jurisdiction
Jurisdiction is defined as the authority of a court to hear (to try and decide) a case.
Article III, Section 2 of the Constitution says that federal courts may hear a case because:
(1) the subject matter
(2) the parties involved in the case

6. Federal Court Jurisdiction
Federal courts may hear cases:
Involving federal laws
Involving treaties
Involving the U.S. Constitution
Where the U.S. gov’t is a party in the case
Supreme Court may hear cases on original jurisdiction if the parties involved include:
US officials/agencies
Foreign officials
State v. State; or citizens from different states

7. Types of Jurisdiction Exclusive and Concurrent Jurisdiction
Some cases can only be heard in federal courts. In that case, federal courts have exclusive jurisdiction.
In many cases, it may be tried in federal court or a state court. In such an instance, the federal and state courts have concurrent jurisdiction.

8. Types of Jurisdiction Original and Appellate Jurisdiction
A court in which a case is first heard is said to have original jurisdiction over that case.
A court that hears a case on appeal from a lower court has appellate jurisdiction over that case.
The Supreme Court exercises both original and appellate jurisdiction.

9. Appointment of Judges
The President nominates Supreme Court justices and federal court judges → subject to the approval of the Senate.
Most federal judges are chosen from the ranks of leading attorneys, legal scholars, law school professors, former members of Congress, and State court judges.

10. Terms and Pay of Judges
Judges appointed to the constitutional courts, including the Supreme Court, are appointed for life.
Judges of constitutional courts can only be removed by their own will, death, or through impeachment.
Judges who sit on the special courts are appointed with terms varying from 4 to 15 years.
Congress determines the salaries of federal judges.
Current salary of Supreme Court justices = $244,400

11. The Court of Appeals
Created in 1891 to handle much of the burden that the Supreme Court faced in ruling on appealed cases.
Appellate Court Judges
179 circuit judges sit on 13 appeals courts
A Supreme Court justice is also assigned to each circuit
Appellate Court Jurisdiction
Only have appellate jurisdiction → hear cases on appeal from lower federal courts

13. The District Courts Federal Judicial Districts
94 federal judicial districts across each state, Washington DC, and Puerto Rico
Larger states divided into two or more federal judicial districts
District Court Jurisdiction
Have original jurisdiction over most cases
Hear a wide range of criminal and civil cases

18. U.S. Supreme Court Jurisdiction
Has both original and appellate jurisdiction
Original jurisdiction over cases that involve
Two or more States
All cases brought against ambassadors or other public ministers
Most cases heard by the Court are appeals cases; only hears a few cases with original jurisdiction every year

19. How Cases Reach the Supreme Court
For a case to be heard, 4 of 9 justices must agree that it should be placed on the Court’s docket (schedule).
Writ of Certiorari
Most cases reach the Court via writ of certiorari, an order to a lower court to send a record in a given case for its review
Certificate
Cases can reach by certificate, when a lower court asks for the Supreme Court to certify the answer to a specific question in the case

21. How the Supreme Court Operates
Oral Arguments
Once the Court accepts a case, it sets a date on which lawyers for both sides will present oral arguments
Briefs
Briefs are written documents filed with the Court before oral arguments begin.
The Court in Conference
The Chief Justice presides over a closed-door conference in which justices present their views on the case at hand.

22. Opinions of the Court
Once the Court finishes its conference, it reaches a decision and its opinion is written.
Majority Opinion - formally called the Opinion of the Court; announces the Court’s decision in a case and the reasoning on which it is based
Precedents - majority opinions are examples to be followed in similar cases as they arise in lower courts or reach the Supreme Court
Concurring Opinions - sometimes authorized by justices to add or emphasize a point that was not made in the majority opinion
Dissenting Opinions - often written by those justices who do not agree with the Court’s majority opinion

23. Judicial Philosophies
Judicial restraint - judges should always try to decide cases on the basis of (1) the original intent of those who wrote the Constitution, and (2) being in line with the precedent set down by previous cases.
Judicial activism - judges should act more boldly and the law should be interpreted and applied in the light of ongoing changes of the nation’s conditions and values.

24. Judicial Review
Refers to the power of a court to determine the constitutionality of a government action.
The Supreme Court first asserted its power of judicial review in the case of Marbury v. Madison (1803)

25. Ruth Bader Ginsburg
Sonia Sotomayor
Elena Kagen
Stephen Breyer
Anthony Kennedy
John Roberts
Samuel Alito
Clarence Thomas

26. Neil Gorsuch

27. State Courts

28. Criminal and Civil Law Criminal Law
Defines public wrongs and provides for their punishment
Two level: felonies and misdemeanors
Civil Law
Relates to disputes between private parties
Cases referred to as “lawsuits”
Lead to an award of money or a fine

29. The Jury System The Grand Jury
Determines whether the evidence against a person is sufficient to justify a trial
Consists of 6 to 23 persons depending on the State
A majority is needed to indict
Meet in secret
The Petit Jury
Hears the evidence in a case and decides the disputed facts
Usual number is 12 jurors
Verdict usually must be unanimous

30. California Superior Courts
58 Superior Courts in CA (one for each county)
Jurisdiction over criminal and civil cases
Departments
Family Court
Juvenile Court
Probate Court
Small Claims Court
Traffic Court

31. California Intermediate Appellate Courts
Stand between trial courts and the California Supreme Court
6 appellate courts in CA

32. California Supreme Court
7 justices appointed by the Governor