Understanding the Federal Court System and Judicial Selection Process

1. Judicial Branch #1 The Federal Court System

2. Dual Court System State Courts: have jurisdiction over the majority of cases Federal Courts: have jurisdiction in certain areas

3. Standing to Sue There must be a real controversy between adversaries. Personal harm must be demonstrated. Grand Juries will decide if there is enough evidence to go to trial (indictment) Plaintiff Defendant

4. Article III – Federal Courts • No formal qualifications • Serve on “good behavior”– life terms • Appointed by the • Confirmed by the • Can be impeached & removed • Congress determines size & structure of federal courts

5. Selecting Judges • Presidents seek judicial appointees who share their political ideologies. • R president picks conservative judge by looking at previous rulings • May use “litmus test” on issues such as abortion

6. Selecting Judges • Party background has a strong effect on judicial behavior. • Can judges ever be neutral? • Senatorial Courtesy: Senators from state where judge is needed will recommend/review Pres’ pick for lower courts

7. In the S • Appointees face Judiciary Cmte • Cmte will “interview” appointee • Appointee will NOT answer direct questions on topics that may come up when they are a judge

8. Full Senate • Give “advice and consent” • Do they confirm those who are qualified but have a different ideology? • These votes are often filibustered! • B/c S doesn’t want to vote on issue (they’d like to vote no – but don’t have enough votes to win) these positions often face long delays before getting job

9. #1, continued … • Why do you think the Framers created a life term for federal judges? • Why aren’t federal judges elected by the people?

10. Jud #2: Court Structure • How does one become a federal judge? • How long is one term as a federal judge? • Why is picking a federal judge one of the president’s most important jobs

11. Pottawatomie Independent School District v. Earls (2002) • This school district adopted a policy of mandatory, suspicionless drug testing of high school students participating in any school activity. Students who refused could not participate. • Lindsay Earls a member of the choir challenged this saying it violated the 4th amendment’s prohibition against unreasonable searches & seizures. • Who’s right? The school or the student?

12. 3 Levels of Federal Cts • District Courts: the entry point for most litigation in federal courts, trial courts • Original jurisdiction – first authority to hear case • 91 District Courts

13. Circuit Court of Appeals: reviews final decisions of district courts • Appellate jurisdiction – authority to hear an appeal • 12 Circuits • Makes most final decisions 3. Supreme Court: “last stop!”

14. We are in the 9th Circuit

15. Supreme Court

16. Supreme Court • 9 Justices • Includes Chief Justice • Judicial Review: is a law constitutional? • From what court case? • Makes the final review on a case

17. Jurisdiction • Original Jurisdiction: hear case for the 1st time: • Foreign dignitaries (ambassador, etc) • Cases that involve 2 states • Appellate Jurisdiction: hear case on an appeal(Majority of cases) • Constitutional / Federal law • Treaties • Maritime

18. Selecting a Case • Control their docket • Rule of 4 • 4 justices must decide to hear a case • If they do, it’s given a writ of certiorari(an order for lower ct to send up case for their review) • Most cases will not get heard • Stare Decesis: “Let the decision stand”

19. Which cases are heard by the SC? • Major/Constitutional issue • Confusion in lower courts

20. Deciding a Case • Lawyers submit briefs: • Legal documents from both sides • Amicus curiae from IG’s • SC reviews materials

21. Oral Arguments • Oral Arguments: Each side’s lawyers present to justices publicly • Time limits • Questions & comments from the justices • Solicitor General: US lawyer in SC • Review materials already given to Court

22. Judicial Power • Judicial Conference: justices discuss the case behind closed doors • Chief Justice presides • Decision: number of people who agree • Ex: 7-2 where 7 justices say no and 2 say yes

23. Explanation • Opinion: brief that explains the decision • Majority Opinion: explains opinion of the majority • Concurring Opinion: agrees w/majority for different reasons • Dissenting Opinion: explains opinion of the minority • Decision is made public

24. What if you don’t like their decision? • How to overturn a SC ruling: • The SC issues a new ruling • Possibly re-write law / statute to meet SC’s standards • Constitutional amendment • This gives them a lot of power!!!

25. Is the judicial branch the strongest branch?

26. Buroc FRQ • Exp 2 reasons why Cong gives federal agencies policy making discretion in executing federal laws. • Choose 1 agency & identify policy area….AND 1 example of how it exercises policy making discretion • Describe 2 ways in which Cong ensures they follow legislative intent