Presentation Transcript

1. The Federal Judiciary

2. The Courts in a Nutshell: The Origin of the Courts The Constitution of the United States created one court: the Supreme Court. We also have systems of federal and state courts. Below is the beginning of Article III of the Constitution “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. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.” Article III, Section 1
3. Jurisdiction of the Courts Jurisdiction is a big word that means the authority to hear certain cases. Some cases should go to federal courts and some cases should be heard by state courts. So how does one decide which is which? There are rules already set up for us! State courts are responsible for cases that deal with state law or settling disputes between people who live in that state. Federal courts deal with national law, interpreting the Constitution, and settling disputes between people from different states. There are definitely other things that state and federal courts cover – those are just the big ones!
4. State Courts Structure State courts can be a little confusing because there are so many states! Each has its own court system with different names for each court. There is a basic structure though! Most state have minor courts. These courts handle things like petty crimes and arguments over property. Examples of these courts include traffic courts, divorce courts, and juvenile courts. General trial courts have many names and sit just above minor courts. They hear more serious cases including severe crimes and civil disputes. Finally, all states have an appeals court. Cases that have already been decided in general trial courts or minor courts can be heard by the appeals court. This includes the highest court of each state, which reviews rulings that have to do with state constitutions. Often a state’s highest court is called the Supreme Court, but not always! In some states the highest court is called the Court of Appeals
5. Nevada
6. Federal Courts Structure Just like the states, the federal court system has levels of courts. All across the United States there are 94 district courts. These district courts serve the federal court system as the general trial courts for all federal cases, civil or criminal. If your case is lost in the district courts you can bring it for review in the court of appeal for your circuit (or region). There are only 13 federal courts of appeal that hear all the appeals from district courts.
7. Federal Courts of Appeal
8. The Appellate System Why do we need so many types of courts on so many different levels? Well, that’s because we have what is known as an appellate system. If you were to lose a case in a trial court and you felt the ruling was unfair, you might appeal the case. That means you would take it to the court above the trial court that has appellate jurisdiction. After you have worked your way “up” the courts, the last place you go to is the United States Supreme Court.
9. The Appellate System
10. The Supreme Court The Supreme Court is the head of the judicial branch of government, and was created directly by the Constitution. There are nine judges on the Supreme Court called justices, and they hear cases that are related to federal law or the Constitution. Justices are appointed by the President and approved by the Senate, and they hear cases together and then vote on the outcomes.
11. Supreme Court Article III of the Constitution creates the SC Congress is charged with creating inferior courts Lower federal courts Two court systems National Judiciary Courts run by the 50 states Two types of federal courts Constitutional courts Special courts
12. Jurisdiction Jurisdiction: authority of a court to hear (to try and to decide) a case Exclusive jurisdiction: a case can only be heard in federal court Concurrent jurisdiction: can be tried in a federal court or a State court Original jurisdiction: a court is the first to hear a case Appellate jurisdiction: a court hears a case on an appeal from a lower court
13. SC Jurisdiction Original Appellate Cases involving two or more states Ambassadors Other public ministers Most cases the SC hears
14. Appointment of Judges Federal Judges & SC Justices President appoints Senate approves Most judges come from leading attorneys, legal scholars, law school professors, former members of Congress & State courts
15. Terms & Pay Justices & other Constitutional court judges are appointed for life Special court judges serve terms between 4 & 15 years depending on the court Congress determines the salaries for federal judges
16. How the SC Operates Oral Arguments Lawyers from both sides present their case Briefs Written docs filed before oral arguments Court in Conference Justices present their views on the case
17. Opinions
18. Supreme Court Justices John G. Roberts, Jr. Antonin Scalia Anthony M. Kennedy Clarence Thomas Ruth Bader Ginsburg Stephen G. Breyer Samuel Anthony Alito, Jr. Sonia Sotomayor Elena Kagan
19. John G. Roberts, Jr. Title: Chief Justice of the Supreme Court Born: 1955 College(s): Harvard Prior legal experience: Law clerk, special assistant to the Attorney General, U.S. Court of Appeals for D.C. SC: Became Chief Justice in 2005 (W. Bush) Other facts: Youngest Chief Justice in over 200 yrs.
20. Antonin Scalia Title: Associate Justice of the Supreme Court Born: 1936 College(s): Georgetown, Fribourg (Switzerland), Harvard Prior legal experience: Attorney, Professor of Law, Court of Appeals for D.C. SC: Became Associate Justice in 1986 (Reagan) Other facts: First Italian-American to be appointed to the SC
21. Anthony M. Kennedy Title: Associate Justice of the Supreme Court Born: 1936 College(s): Stanford, London School of Economics, Harvard Prior legal experience: Attorney, Professor of Constitutional Law, U.S. Ninth Court of Appeals SC: Became Associate Justice in 1988 (Reagan)
22. Clarence Thomas Title: Associate Justice of the Supreme Court Born: 1948 College(s): Holy Cross College, Yale Prior legal experience: Attorney, Asst. Attorney General of Missouri, Court of Appeals for D.C. SC: Became Associate Justice in 1991(H.W. Bush)
23. Ruth Bader Ginsburg Title: Associate Justice of the Supreme Court Born: 1933 College(s): Cornell, Harvard, Columbia Prior legal experience: Law clerk, Professor of Law, Attorney, Court of Appeals for D.C. SC: Became Associate Justice in 1993( Clinton)
24. Stephen G. Breyer Title: Associate Justice of the Supreme Court Born: 1938 College(s): Stanford, Magdalen College (Oxford), Harvard Prior legal experience: Law clerk, Attorney, Professor of Law, Court of Appeals for the 1st Circuit SC: Became Associate Justice in 1994 (Clinton)
25. Samuel Anthony Alito, Jr. Title: Associate Justice of the Supreme Court Born: 1950 College(s): Princeton, Yale Prior legal experience: Law clerk, Attorney, Deputy Asst. Attorney General, U.S. Court of Appeals for the 3rd Circuit SC: Became Associate Justice in 2006 (W. Bush) Other Facts: Predicted he would be a SC Justice in his college yearbook
26. Sonia Sotomayor Title: Associate Justice of the Supreme Court Born: 1954 College(s): Princeton, Yale Prior legal experience: Attorney, U.S. District Court, U.S. Court of Appeals for 2nd Circuit SC: Became Associate Justice in 2009 (Obama) Other Facts: First SC Justice of Puerto Rican descent
27. Elena Kagan Title: Associate Justice of the Supreme Court Born: 1960 College(s): Princeton, Oxford, Harvard Prior legal experience: Law clerk, Attorney, Law professor, Solicitor General SC: Became Associate Justice in 2010 (Obama)
28. Judicial Review Court determines the constitutionality of a government action Marbury v. Madison (1803)
29. Famous Supreme Court Cases Marbury v. Madison (1803) McCulloch v. Maryland (1819) Brown v. Board of Education (1954) Cooper v. Aaron (1958) Mapp v. Ohio (1961) Gideon v. Wainwright (1963) Miranda v. Arizona (1966) Terry v. Ohio (1968) U.S. v. Nixon (1974) Texas v. Johnson (1989) Source: U.S. Supreme Court
30. Marbury v. Madison (1803) Details: Judiciary Act of 1789 gave SC power to issue certain writs Not in the Constitution SC said that because the Constitution didn’t state this, any legislative action to the contrary was invalid Ruling: Establishment of judicial review (the ability to declare legislative & executive actions unconstitutional)
31. McCulloch v. Maryland (1819) Details: Maryland taxed the Bank of the U.S. SC said the tax interfered with federal supremacy Government has certain implied powers (like creating a national bank) Ruling: Constitution gives the federal government certain implied powers
32. Brown v. Board of Education (1954) Details: Plessey v. Ferguson (1896) created “separate but equal” NAACP challenged ruling in Topeka, Kansas Said “separate schools are inherently unequal” Ruling: Separated schools are unequal
33. Cooper v. Aaron (1958) Details: Alabama (and other Southern states) refused to follow Brown v. Board Declared that only federal courts can decide when the Constitution is violated Ruling: States cannot nullify decisions of the federal courts
34. Mapp v. Ohio (1961) Details: Police never showed DolreeMapp a search warrant Found obscene material Material found as a result of an illegal search could not be used against her Ruling: Illegally obtained material cannot be used in a criminal trial
35. Gideon v. Wainwright (1963) Details: Gideon was charged with a felony & was poor Asked for a lawyer free of charge, court said no SC said this violated the Sixth Amendment Ruling: Poor defendants must be provided a lawyer without charge
36. Miranda v. Arizona (1966) Details: After hours of questioning, Miranda confessed to rape & kidnapping At the trial, he wanted the confession thrown out because he didn’t know about his right to counsel & silence Ruling: Police must inform suspects of their rights before questioning (“Miranda Rights”) “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
37. Terry v. Ohio (1968) Details: Terry was “acting suspiciously” outside a store & a police officer felt he was going to rob it Stopped Terry & frisked him Found a weapon Convicted of carrying a concealed weapon Ruling: “Stop and frisks” do not violate the Constitution (under some circumstances)
38. U.S. v. Nixon (1974) Details: Watergate Prosecutor wanted tapes from Oval Office President Nixon refused to turn over tapes, citing executive privilege SC disagreed if national security is not at risk Ruling: President is not above the law
39. Texas v. Johnson (1989) Details: Johnson burned flag outside Dallas City Hall Arrested, claimed symbolic speech protected by 1st Amendment SC agreed, saying even offensive speech is protected Ruling: Offensive speech protected by 1st Amendment
40. Other Supreme Court Cases Plessey v. Ferguson (1896) “Separate but equal” Korematsu v. U.S. (1944) Allowed the U.S. government to intern people of Japanese descent during WWII. U.S. later apologized Katz v. U.S. (1961) Whatever a citizen “seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.” New York Times Co. v. Sullivan (1964) First Amendment covers libel. Must prove “actual malice” (know they were false and showed disregard to whether they were true or false)
41. Other Supreme Court Cases Tinker v. Des Moines (1969) “Students do not shed their constitutional rights at the school house gates.” Roe v. Wade (1973) Laws that restrict abortion violate a woman’s right to privacy New Jersey v. T.L.O. (1984) Set the standard of “reasonable suspicion” in school searches Bethel School District v. Fraser (1986) “It is a highly appropriate function of public school education to prohibit the use of vulgar and offensive terms in public discourse…Schools must teach by example the shared values of a civilized social order.”
42. Lower Courts
43. District Courts 94 federal judicial districts 1 in each state (bigger states = more districts) The District of Columbia Puerto Rico District courts have original jurisdiction over most cases heard in federal courts Criminal cases Civil Cases
44. Courts of Appeals Created in 1891: handle the burden faced by the SC 13 Appeals courts A Justice is assigned to each of the circuits 12 Regional, 1 Federal Only have appellate jurisdiction
45. Special Courts Court of Federal Claims: pleas against the U.S. govt Territorial Courts: Guam, Virgin Islands District of Columbia Courts: trials & appeals in Washington D.C. U.S. Tax Court: civil but not criminal tax cases Court of Appeals for the Armed Forces: civilian tribunal separate from the military Court of Appeals for Veterans Claims: deals with veterans’ benefits
46. Trial Court Participants Bailiff Court Clerk Court Reporter Judge Judicial Assistant Civil Attorney for the Defendant Civil Attorney for the Plaintiff Criminal Defense Attorney Prosecutor Civil Defendant Plaintiff Criminal Defendant Victim Witness Juror
47. Type: Court Employees Bailiff Before the trial Keeps things running smoothly in the judge’s chambers During the trial The bailiff is in the courtroom with the judge Gets what the judge needs & ensures there is order in the court Court Clerk Before (or after) the trial, Finishes up the official notes taken in the courtroom. Marks and numbers all evidence that lawyers want to use during a trial During the trial, Takes official notes about what happens
48. Type: Court Employees Court Reporter Before (or after) a trial, Edits transcripts they typed during trials and hearings During a trial, Transcribes what everyone says word for word Judge Before a trial, Read all the documents filed by both sides so they know what is going on During the trial, Ensures the lawyers follow the courtroom rules Explains what the law says to the jury so they can make a decision
49. Type: Court Employees Judicial Assistant Before atrial, Records documents sent to the judge Helps the judge stay organized During a trial, Ensures the lawyers & judge have everything they need
50. Type: Attorneys Civil Attorney for the Defendant Before a trial, Study the law, talk to witnesses & gather evidence to show their client did not break the law or violate anyone’s rights During the trial, Will present evidence to try and convince the jury their client did not violate the other side’s rights and thus does not owe them anything Civil Attorney for the Plaintiff Before a trial, Will study the law, talk to witnesses & gather evidence to show their client had their rights violated by the defendant During the trial, Will present evidence to try and convince the jury their client had their rights violated by the other side and thus is entitled to some kind of restitution
51. Type: Attorneys Criminal Defense Attorney Before a trial, Will study the law, talk to witnesses & gather evidence to prove their client is innocent of any crime. If their client is found guilty, this attorney will work to get the most fair punishment for their client During a trial, Present evidence to convince the jury their client did not commit any crimes Prosecutor Before a trial, Will study the law, talk to witnesses & gather evidence to prove the defendant committed a crime. If the defendant is found guilty, this attorney will work with the defense attorney to get the most fair punishment During a trial, Present evidence to convince the jury the defendant committed a crime
52. Type: Participants in Civil Cases Civil Defendant Before a trial Give the defense attorney as much info as possible to help prove they did not break the law or violate anyone’s rights During atrial: Sits with attorney Hopes judge/jury will decide that they didn’t break any laws or violate the plaintiff’s rights Probably will tell their side of the story Plaintiff Before a trial, Give attorney as much info as possible to prove their rights were violated During a trial, Sits with attorney Hopes judge/jury will decide that the defendant violated their rights and thus are owed some kind of restitution
53. Type: Participants in Criminal Cases Criminal Defendant Before a trial, Give lawyer as much info as possible to help prove they didn’t commit a crime or that they shouldn’t be punished as harshly During a trial, Sit with attorney Hope the judge/jury will decide they didn’t commit a crime Probably won’t speak (5th Amendment) Victim Before a trial, Give the prosecutor as much info as possible to help convict the person who committed a crime against them During a trial, Possibly sits in the courtroom (if it is not too traumatic) Not involved in the trial because the state presses the charges on victim’s behalf
54. Type: Participants in All Cases Juror Before a trial, Regular citizen During a trial, Listen to the evidence provided Go into a room and decide with other jurors what really happened Witness Before a trial, Meet with lawyers and provide them info about what they heard or saw During a trial, Come into the courtroom to testify about what they heard or saw