1. The U.S. Judicial System The Supreme Court of the United States UNIT 17

2. U.S. Courts - a unique judicial system – made up of two separate systems U.S. JUDICIAL SYSTEM FEDERAL STATE court system court systems - both the federal and state governments need their own court systems to apply and interpret their laws - each system is responsible for hearing certain types of cases – neither is completely independent of the other – they often interact

3. Federal Court System - deals with issues of law relating to those powers expressly or implicitly granted to it by the U.S. Constitution FEDERAL COURTS – two types of courts – derive their power from Article III of the Constitution (no provisions for a federal court system in the Constitution, only the Supreme Court) - all judges appointed by the President of the United States with the advice and consent of the Senate and hold office during good behaviour 1 Courts of general jurisdiction – can hear almost any cases U.S. District Courts U.S. Courts of Appeal (circuit courts) U.S. Supreme Court +

4. Federal Court System 2 Courts of special jurisdiction U.S. Court of Claims U.S. Court of International Trade U.S. Bankruptcy court U.S. Tax Court U.S. Court of Military Appeals U.S. Court of Veteran’s Appeals etc.

5. Jurisdiction of the Federal Courts  spelled out in Article III, Section 2 of the U.S. Constitution  limited jurisdiction – can hear two types of cases 1. Diversity of Citizenship – cases of civil nature in which parties are residents of different states and the amount in question exceeds the amount set by federal law (currently $75,000) – often required to apply state laws 2. Federal question – cases that arise under the U.S. Constitution, the laws of the United States and the treaties made under the authority of the United States – the sole prerogative of the federal courts - suits between states; cases involving ambassadors and other high- ranking public figures; federal crimes; bankruptcy; patent, copyright and trademark cases; admiralty; antitrust; securities and banking regulation; other cases specified by federal statute

6. State Court Systems - deal with issues of law relating to those matters that the U.S. Constitution did not give to the federal government or explicitly deny to the states - judges are not appointed for life but either elected or appointed for a certain number of years - no two state court systems are exactly alike Most state court systems made up of 1 - two sets of trial courts - A) trial courts of limited jurisdiction (probate, family, traffic, etc.) - B) trial courts of general jurisdiction (main trial-level courts) 2 - intermediate appellate courts (not in all states) 3 - the highest state courts (supreme courts or courts of appeal)

7. Jurisdiction of the State Courts  extends to any type of case that does not fall within the exclusive jurisdiction of the federal court Examples of cases: - Cases involving the state constitution - State criminal offences - Tort and personal injury law - Contract law - Probate - Family - Sale of goods - Corporations and business organization etc.

8. Areas of Concurrent Jurisdiction for Federal and State Courts State Courts Jurisdiction 1. Diversity of Citizenship – cases involving citizens of different states a) in which the amount in question exceeds $75,000 if the defendant does not petition to have case removed to federal court b) in which the amount does not exceed $75,000 2. Federal Question - any state court may interpret the U.S. Constitution, federal statute, treaty etc. - if the applicable Constitutional provision, statute, or treaty has direct bearing on a case brought in state court under a state law – subject to federal review

9. U.S. Supreme Court U.S. Supreme Court building

10. From the Constitution: Article III Section 1. 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.

11. U.S. Supreme Court  was created by Sec. 1 Article III of the Constitution  sits at the top of the federal court system  sits in Washington D.C. – nine-month terms Composition  9 judges – JUSTICES nominated by the US President (Chief Justice approved by the majority vote + 8 associate justices of the Senat (the current number of justices is set by the Judiciary Act 1869)  serve during good behavior (usually until death, retirement, resignation, conviction or impeachment)

12. Article III Section 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. U.S. Supreme Court -Jurisdiction

13. I APPELATE JURISDICTION - primarily an appellate court - in both civil and criminal law - the final court of appeal; - has the power to decide if it will accept the case or not - accepts 100 – 150 cases of 7000 such cases each year 1) appeals from lower federal courts Some laws obligate (or force) the Supreme Court to hear them, most come up for review on the writ of certiorari, a discretionary writ that the court grants or refuses at its own discretion. (the writ is granted if four of the justices want it to be heard) 2) appeals from state supreme courts that present substantial "federal questions" (usually where a constitutional right has been denied in the state courts)

14. U.S. Supreme Court - Jurisdiction II ORIGINAL JURISDICTION cases in which the US Supreme Court has original jurisdiction (heard there first – a small number of cases) - conflicts between states and - confolicts between a State and a Federal government U.S. Constitution Article III, Section 1 “In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. “ III JUDICIAL REVIEW - authority to invalidate legislation or executive actions which, in the Court’ s considered judgment, conflict with the Constitution - one of the most important powers of the Supreme Court

15.  Petition for Writ of Certiorari (petition for review) - a document which a losing party (PETITIONER) files with the Supreme Court asking the Supreme Court to review the decision of a lower court (It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ) - over 7,000 petitions filed each year – about 100 granted - 2 options: A) Writ of Certiorari - decision by the Supreme Court to hear an appeal from a lower court – if granted - brief about the merit of the case must be submitted, - oral arguments heard, - decisions reached by a majority vote (decisions reached by the end of the courts term) B) Cert. Denied - abbreviation used in legal citations to indicate that the Supreme Court denied a Petition for Writ of Certiorari in the case being cited. Procedure

16. Essential terms  justices – suci; suci Vrhovnog suda SAD-a  Chief Justice – Predsjednik Vrhovnog suda SAD-a  to petition a court – podnijeti zahtjev sudu  petition for review – zahtjev za reviziju  (to issue/deny) a writ of certiorari (cert) – (odobriti ili odbiti) diskrecijski nalog vrhovnog suda za reviziju odluke nižeg suda  at court’s discretion – po slobodnoj ocjeni suda  to decide a case on the merits – odlučivati o osnovanosti  a law clerk – stručni suradnik na sudu  original jurisdiction – prvostupanjska nadležnost  appelate jurisdiction – žalbena/prizivna nadležnost, prizivni sud  a court of original jurisdiction – prvostupanjski sud  a litigant - stranka u parnici; litigation - parnica  to screen a case – odabrati slučaj  judicial review – sudska revizija  to invalidate legislation – poništiti zakon  a lawsuit – parnica, spor; sporni slučaj

17. Vocabulary practice Complete the following definitions with appropriate legal terms................................ - a party to a lawsuit. ………………………… - decision by the Supreme Court to hear an appeal from a lower court. …………………………. - the power of a court to hear and enter judgment upon a case brought for review. …………………………. - the ability and authority of a court to decide cases based on hearing testimony and viewing evidence, rather than on appeal. ………………………….. – authority of a court to invalidate legislation or executive actions which, in the Court’ s considered judgment, conflict with the Constitution. …………………………… - the head of the United States federal court system and the president of the Supreme Court.

18. Vocabulary practice - Key Complete the following definitions with appropriate legal terms. LITIGANT - a party to a lawsuit. WRIT OF CERTIORARY - decision by the Supreme Court to hear an appeal from a lower court. APPELATE JURISDICTION - the power of a court to hear and enter judgment upon a case brought for review. ORIGINAL JURISDICTION - the ability and authority of a court to decide cases based on hearing testimony and viewing evidence, rather than on appeal. JUDICIAL REVIEW – authority of a court to invalidate legislation or executive actions which, in the Court’ s considered judgment, conflict with the Constitution. CHIEF JUSTICE- the head of the United States federal court system and the president of the Supreme Court.

19. Translate Article III, Section 1. of the US Constitution into Croatian The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.