ap federal courts

The Federal courts

AP UNIT 5

Purpose of the Judiciary

Courts settle disputes between two sides according to law, not biased

Interpret what the law means in context of the Constitution and applies accordingly to various situations

Types of Cases

criminal case - gov’t charges an individual with the breaking of a state or federal law Punishment: imprisonment, fines

civil case - dispute between two individuals or an individual and a company over damages or injuries received Punishment: fines/compensation for damages

Main Participants

1.) LITIGANTS A case must be brought before court by

two parties: plaintiff - party that brings the case to court

(accuser) defendant - party being brought to court

(accused)

Must have standing to sue - have serious stake in case and prove that danger or injury is involved

Litigants can be individuals or groups (ex: class action lawsuits)

2.) ATTORNEYS The lawyers and various legal

counsel for both sides of a judicial dispute

Guaranteed to all individuals by the 6th Amendment for their defense

3.) INTEREST GROUPS Often turn to the courts to make

policy when unsuccessful with other gov’t institutions

File amicus curiae briefs - “friend of the court”; arguments to try to influence a court to rule in the group’s favor

Jurisdiction

jurisdiction - the authority of a court to hear a case

TWO TYPES: original jurisdiction - authority to hear a

case first (and hear the facts of a case) Ex: trial courts, district courts (fed. level)

appellate jurisdiction - authority to hear a case brought up from a lower court ONLY (decides on legal issues from lower court decisions) Ex: courts of appeals

Structure of the Federal Court System

LEVEL I: DISTRICT COURTS 94 district courts (at least 1 in each

state + D.C. and territories); 2-28 judges per district

Have original jurisdiction on federal level and hold trials

Most federal cases start and end here

What Types of Cases Go to Fed. District Courts?

MOST of all cases in judicial system are heard on state court levels

Federal cases involve: Federal crimes Civil suits involving federal law State vs. state, resident of one state vs.

another, ambassadors vs. foreign gov’ts Maritime law (laws at sea) Naturalization Bankruptcy Some executive agency cases

LEVEL II: COURTS OF APPEALS 12 appeals courts + U.S. Court of

Appeals for the Federal Circuit Have appellate jurisdiction only (no

trials) --> decide if district courts made a judicial mistake in ruling

has panel of 3 judges for a case

Judicial Circuits

Federal court system divided across country into 12 judicial circuits

Each circuit contains several district courts and one court of appeals

U.S. Judicial Circuits

LEVEL III: U.S. SUPREME COURT Only court created specifically by

Constitution Highest court in the U.S. Has both original and appellate

jurisdiction (most cases appealed) Made up of 9 justices (8 associate

justices + chief justice) Hear only a select few cases a year out of

total appealed

Judicial Qualifications

Constitution is vague about judicial qualifications

Federal judges and justices serve for life “during good behavior”

Can be impeached, convicted, and removed by Congress

Judicial Selection

The President appoints federal judges and justices with advice and consent of Senate (appointees screened by FBI, DOJ, and White House)

senatorial courtesy - President checks with his party’s senators from the state a judicial nominee is from/will serve in before officially nominating them

Senate has more influence over district and appeals court nominees because they serve in particular states Less influence over Supreme Court nominees

(who serve country as a whole)

Senate confirmation debates often subject to intense arguments over nominees’ political ideologies, qualifications, etc.

The President and the Supreme Court

Above all, nominating SC justices is a very important legacy for a president to leave

Presidents generally nominate candidates whose political ideologies are similar to their own (and so will uphold their viewpoints/policies)

Backgrounds of Judges and Justices

have had experience as attorneys, judges, clerks, etc. in federal courts

some have held elective office or had prior political experience

have demonstrated political stances by their decisions/opinions on prior cases

SC: tend to be older, upper-middle to upper class, Protestant, white, male (only 4 women have ever served on SC)

Chief Justice John Roberts

Education: Harvard Law

Appointed by: George W. Bush

Time on Court: 10 years

Conservative

Antonin Scalia

Education: Georgetown, Harvard Law

Appointed by: Ronald Reagan


Conservative

Anthony Kennedy

Education: Stanford, Harvard Law

Appointed by: Ronald Reagan

Time on Court: 27.5 years

“swing” vote

Clarence Thomas

Education: Yale Law

Appointed by: George H.W. Bush


Conservative

Ruth Bader Ginsburg

Education: Cornell, Harvard Law

Appointed by: Bill Clinton


Liberal

Stephen Breyer

Education: Stanford, Harvard Law

Appointed by: Bill Clinton


Liberal

Samuel Alito

Education: Princeton, Yale Law

Appointed by: George W. Bush


Conservative

Sonia Sotomayor

Education: Princeton, Yale Law

Appointed by: Barack Obama


Liberal

Elena Kagan

Education: Princeton, Harvard Law

Appointed by: Barack Obama


Liberal

How a Case Goes Through the Supreme Court

Out of 8,000 potential cases a year, the SC only hears about 80

1.) Justices look over possible cases filtered by clerks- Rule of Four - if four justices agree to hear a case, it is put on the docket (list of cases the Court will hear) -Influences: amicus curiae briefs, solicitor general

What Kinds of Cases?

SC generally favors cases involving a question on interpreting the Constitution, civil liberties, or disputes in federal courts

Generally avoid overly controversial/ “hot button” issues and political questions (conflicts between Congress and president)

2.) All chosen cases are put on the docket3.) SC issues writ of certiorari - order for a

case to be brought up from a lower court (if case has been appealed)

4.) Each litigant submits a brief (a written summary of their side of the case); amicus curiae briefs also filed

5.) Oral arguments - each side gets 30 minutes to argue case before the SC

6.) Justices conference to discuss the cases heard and to assign opinions

7.) Justices write opinions -statements that give the legal reasoning behind the Court’s decision

THREE TYPES OF OPINIONS: Majority opinion - the official ruling of the

SC containing a majority of the justices Dissenting opinion - written by justices

who disagree with the majority opinion Concurring opinion - written by justices

who agree with the majority opinion, but for different reasons

SC decisions set precedents - guidelines for how all similar cases will be decided in the future Lower courts are to follow the SC’s

example stare decisis - “let the decision

stand”; the SC uses a past case decision to decide a current case

The Supreme Court and the Constitution

Two theories on interpreting the Constitution: Original intent - justices interpret the

Constitution or a law the way the Framers intended it to be interpreted

Original meaning - justices interpret the Constitution or a law the way people at the time it was created would have interpreted it

The Court and Policymaking

The SC has no executive power to enforce its decisions must rely on other parts of gov’t to

implement them (law enforcement, executive agencies, Congress, etc.)

judicial implementation - translating a court decision into a working public policy

The Supreme Court and Congress

judicial review - the power of the courts to declare a Congressional laws (statute) or executive action unconstitutional (est. Marbury v. Madison)

Congress can draft legislation to clarify existing laws or essentially override court decisions

Interpreting the Power of the Supreme Court

SC is aware of public opinion on political issues, but not bound by them

Two contrasting philosophies of SC power: Judicial restraint - justices rule

according to precedent and refrain from bold policymaking decisions (defer to elected officials to do this)

Judicial activism - justices actively overturn precedents and create bold, new precedents and policies in the process (do not defer as much to elected officials)

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