11

Federal JudiciaryFederal Judiciary

Lesson 12Lesson 12

22

Role of the CourtsRole of the Courts

What is the role of courts - resolve What is the role of courts - resolve political issues?political issues?

Presidential electionPresidential electionPower of the President in Time of war Power of the President in Time of war

- Rights of Detainees- Rights of DetaineesShivo Case – the right to dieShivo Case – the right to dieSame Sex MarriageSame Sex Marriage

33

Common LawCommon Law

1. Basis of our system: English legal 1. Basis of our system: English legal systemsystem

Judge/Case made tradition – Judge/Case made tradition – Common LawCommon Law

Precedent – stare decisis follow Precedent – stare decisis follow prior caseprior case

Predictable, efficient, stablePredictable, efficient, stable

44

American LawAmerican Law

1. Constitutions (federal and state)1. Constitutions (federal and state)2. Statutes & Administrative 2. Statutes & Administrative

RegulationsRegulations3. Case Law (appellate cases)3. Case Law (appellate cases) The interpretations of the The interpretations of the

constitutions, statutes & constitutions, statutes & administrative regulations, both administrative regulations, both federal and statefederal and state

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JURISDICTIONJURISDICTION

A Dual Court System – federal & A Dual Court System – federal & statestate

each with trial courts and appellate each with trial courts and appellate courtscourts

Jurisdiction of a courtJurisdiction of a courtAuthority of this court to hear this caseAuthority of this court to hear this case(Marbury v. Madison, 1803) Supreme (Marbury v. Madison, 1803) Supreme

Court original jurisdiction set by the Court original jurisdiction set by the ConstitutionConstitution

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Federal Court SystemFederal Court System

1. Federal Jurisdiction (basic to all 1. Federal Jurisdiction (basic to all cases)cases)

a. A federal question: U.S. a. A federal question: U.S. Constitution, federal law or treaties.Constitution, federal law or treaties.

b. Diversity Jurisdiction: citizens of b. Diversity Jurisdiction: citizens of different states different states andand $75,000.00; $75,000.00; foreign nation or individual.foreign nation or individual.

c. c. Standing to sueStanding to sue: real harm to the : real harm to the person bringing suit!person bringing suit!

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Federal CourtsFederal Courts

1. U.S. District Court: trial court, at least 1. U.S. District Court: trial court, at least one per state (CA has 4) N, S, C, E.one per state (CA has 4) N, S, C, E.

2. U.S. Courts of Appeals: appellate 2. U.S. Courts of Appeals: appellate courts for 12 circuits; 13courts for 12 circuits; 13thth Circuit in Circuit in Washington, DC. Panel of judges Washington, DC. Panel of judges review for review for legallegal error. error.

3. U.S. Supreme Court: hears appeals 3. U.S. Supreme Court: hears appeals from both state and federal courts; nine from both state and federal courts; nine (9) justices(9) justices

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Other Federal CourtsOther Federal Courts

1. Foreign Intelligence Surveillance Act 1. Foreign Intelligence Surveillance Act of 1978 (FISA Courts) secret issue of 1978 (FISA Courts) secret issue warrantswarrants

2. Anti-Terrorist and Effective Death 2. Anti-Terrorist and Effective Death Penalty Act of 1996 (deportations)Penalty Act of 1996 (deportations)

3. Tax Court, Court of Claims, 3. Tax Court, Court of Claims, Bankruptcy, Patent Court, Court of Bankruptcy, Patent Court, Court of Federal Claims, etc.Federal Claims, etc.

(courts with limited jurisdiction)(courts with limited jurisdiction)

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LitigationLitigation

Plaintiff/DefendantPlaintiff/DefendantCross Complainant/Cross DefendantCross Complainant/Cross Defendant InterpleaderInterpleaderAmicus CuriaeAmicus CuriaeClass-ActionsClass-ActionsCivil contempt – criminal contemptCivil contempt – criminal contempt

1010

The Supreme CourtThe Supreme Court

1. First Monday in October to late June1. First Monday in October to late June2. Decide what cases to review, 2. Decide what cases to review,

schedule oral argument, read briefs, schedule oral argument, read briefs, meet in conference, draft opinions, final meet in conference, draft opinions, final opinion.opinion.

3. Areas free speech, civil rights, states 3. Areas free speech, civil rights, states rights, capital punishment, abortion, rights, capital punishment, abortion, privacy, school integration, term limitsprivacy, school integration, term limits

1111

1212

TodayToday’’s Courts Court

John G. Roberts, Jr.John G. Roberts, Jr.Antonio Scalia; Anthony M. Kennedy; Antonio Scalia; Anthony M. Kennedy;

Clarence Thomas; Ruth Bader Clarence Thomas; Ruth Bader Ginsburg; Steven G. Breyer; Samuel Ginsburg; Steven G. Breyer; Samuel A. Alito, Jr., Sonia Sotomayor; Elena A. Alito, Jr., Sonia Sotomayor; Elena KaganKagan

http://www.supremecourtus.gov/http://www.supremecourtus.gov/

1313

Supreme CourtSupreme Court

Original Jurisdiction – as a trial court Original Jurisdiction – as a trial court under the Constitution, art. 3, under the Constitution, art. 3,

sec. 2sec. 2

1. A state is a party1. A state is a party2. Affecting foreign diplomats2. Affecting foreign diplomatsCan not be expanded by CongressCan not be expanded by Congress

Number of cases decided each year??Number of cases decided each year??

1414

Selection of CasesSelection of Cases

1. Subjective (rule of 4)1. Subjective (rule of 4)2. Factors:2. Factors: a. Two lower courts disagreea. Two lower courts disagree b. Lower court in conflict with b. Lower court in conflict with

SupremeSupreme c. Case of significancec. Case of significance d. Substantial federal questiond. Substantial federal question e. State court interpretations of e. State court interpretations of

federal lawfederal law

1515

Selection of CasesSelection of Cases

f. Constitutional issues in federal f. Constitutional issues in federal courtscourts

g. Actions by the Solicitor Generalg. Actions by the Solicitor General3. Opinions (a statement of the 3. Opinions (a statement of the

decision)decision) Majority AffirmMajority Affirm Dissenting ReverseDissenting Reverse Concurring RemandConcurring Remand

1616

Judicial AppointmentsJudicial Appointments

1. Who are they?1. Who are they?2. Senatorial Courtesy (veto - gone)2. Senatorial Courtesy (veto - gone)3. Political patronage of the President3. Political patronage of the President political party and political political party and political

philosophyphilosophy4. Senate confirmation (committee 4. Senate confirmation (committee

review and the importance of the review and the importance of the court)court)

1717

Judicial ConfirmationJudicial Confirmation

1. Confirmation more difficult since 1. Confirmation more difficult since the rejection of Robert Bork in 1987.the rejection of Robert Bork in 1987.

2. Politics has always played a major 2. Politics has always played a major role in approvalrole in approval

3. Most are confirmed without much 3. Most are confirmed without much dispute.dispute.

4. Those with strong ideological 4. Those with strong ideological commitments experience difficulty.commitments experience difficulty.

1818

Importance of the CourtImportance of the Court

1. Judicial Review1. Judicial Review Constitutionality of both federal Constitutionality of both federal

and state laws, & actions of the and state laws, & actions of the President or the CongressPresident or the Congress

2. Activism v. Restraint2. Activism v. Restraint3. Strict v. Broad Construction3. Strict v. Broad Construction4. Liberal v. Conservative4. Liberal v. Conservative

1919

Checks on the CourtChecks on the Court

A. Executive Checks: A. Executive Checks: Power of enforcementPower of enforcement Power of appointmentPower of appointmentB. Congressional PowerB. Congressional Power Propose Constitutional Propose Constitutional

AmendemntsAmendemnts Draft new laws around the CourtDraft new laws around the CourtC. Public OpinionC. Public Opinion

Ignore or not enforceIgnore or not enforce

2020

Checks on the CourtChecks on the Court

D. CitizensD. Citizens Selection of the PresidentSelection of the President Affect of the MediaAffect of the MediaE. Lower CourtsE. Lower Courts Limit scope of decisionsLimit scope of decisions

2121

Other ItemsOther Items

Writ of CertiorariWrit of CertiorariExtraordinary Petition to the Extraordinary Petition to the

Supreme Court to review a case – Supreme Court to review a case – most often deniedmost often denied

Class actionsClass actionsA certified group action – each A certified group action – each

member bound by the result, but can member bound by the result, but can elect not to be a part of the Classelect not to be a part of the Class