Chapter 11Chapter 11

Federal Courts

JurisdictionJurisdictionU.S. judiciary is a parallel system of courts,

which are referred to as federal and state courts. Each state has its own court system

Civil v. Criminal:Civil – dispute among individuals or between

individual and the governmentCriminal – the state brings charges against an individual for violating the law

Federal Courts-The Supreme Court is only court mentioned in Article III of the US Constitution.

Federal Courts jurisdictionFederal Courts jurisdictionAmbassadors & other representatives

of foreign governmentsTwo or more state governmentsThe U.S. government(or one of its

offices or agencies Ex. FCC)Citizens of different statesA state and a citizen of a different stateCitizens of the same state claiming

lands under grants of different states.A state or its citizens and a foreign

country or its citizens.

JurisdictionJurisdiction The power of a court to hear a case Concurrent

◦ Both federal and state courts have jurisdiction◦ For example- a case involving citizens of different states in a dispute

concerning at least $50,000. A person may sue in either federal or state court. If the person being sued insists, however, the case may be tried in a federal court.

Original◦ The court in which the case is originally tried (trial court)◦ the trial to determine guilt or innocence◦ District courts

Appellate◦ Authority to appeal a case that is appealed from a lower court◦ a review of a previous trial to determine if the law was properly upheld◦ Supreme Court may be asked to rule on the correctness of the

decision

Supreme Court: Landmark Rulings-Need to know and Supreme Court: Landmark Rulings-Need to know and be able to distinguish between the following cases for be able to distinguish between the following cases for the test. Please use your textbook to get more detail the test. Please use your textbook to get more detail on these cases. Pgs. 754-768on these cases. Pgs. 754-768

Gibbons V. Ogden -Made it clear that the authority of Congress to regulate interstate commerce. This case says that only Congress can regulate commercial activity that has both intrastate and interstate dimensions.

Plessy V. Ferguson -Separate but equalBrown V. Board of Education - Overturned Plessy case

Miranda V. Arizona – A person cannot be questioned unless told that he or she has been read their rights.

Schenck V. United States – Limits some rights under protected speech. Ex. ”clear and present danger”

Korematsu V. United States – Upheld the federal government’s authority to exclude Japanese Americans

Supreme Court: Landmark Rulings-Need to know and Supreme Court: Landmark Rulings-Need to know and be able to distinguish between the following cases for be able to distinguish between the following cases for the test.the test.

Gideon V. Wainright – poor defendants in criminal cases have the right to state-paid attorney under the 6th Amendment

Dred Scott V. Sanford – Determined slaves were property, not a citizens, and thus had no rights under the Constitution. (14th Amendment ends this precedent.)

McCulloch V. Marland – established the foundation for the expansive authority of Congress. The Supreme Court held the necessary and proper clause allows Congress to do more than the Constitution expressly authorizes it to do.

Miller V. California -established the test for determining if a book, movie, television program, etc is obscene and thus unprotected by the 1st amendment.

Marbury V. Madison -Power of the court to decide if actions of other two branches are constitutional. (see next slide)

Marbury v. MadisonMarbury v. Madison As President Adam’s term expired in 1801, Congress passed a bill

giving the president a chance to appoint 42 justices of the peace in the District of Columbia. The Senate quickly confirmed the nominees. The secretary of state had delivered all but 4 of the commissions to the new officers by the day Jefferson came into office. Jefferson in one of his first acts as president, stopped the delivery of the remaining commission. William Marbury did not get his commission and filed suit under the Judiciary Act of 1789. The court heard the case in 1803. Chief Justice John Marshall announced the ruling the Marbury’s rights had been violated. However, Marshall said the Judiciary Act of 1789 had given the court more power than the Constitution had allowed. Therefore, the Court could not, under the Constitution, issue a force delivery of the commission. The chief justice had secured for the Court the power to review acts of Congress-the power of Judicial Review. This is the ability to determine if a law is constitutional or not. Usually the court upholds most laws.

Lower Courts-Section IILower Courts-Section IIConstitutional vs. Legislative Constitutional vs. Legislative CourtsCourtsConstitutional Courts-established by Congress under the provisions of Article III of the U.S. Constitution. They are: Federal District Courts, Federal Court of Appeals & The Court of International Trade.◦ Handle federal civil cases and criminal cases,

appeals for such cases, and cases involving tariffs

Legislative Courts◦ Deal with matters involving congressional matters◦ U.S. Court of Federal Claims, United States Tax

Court, U.S. Court of Appeals for the Armed Forces, Territorial Courts, Courts of the District of Columbia and the Court of Veterans’ Appeals.

Federal District CourtsFederal District Courts 1789 Congress created one FDC for each state….currently 94 districts

with each state having at least one district court. ◦ B/C population & workloads have increased

Original Jurisdiction Nearest Federal District Courts

◦ Sherman◦ Tyler◦ Plano – Bankruptcy Courts

95% of cases end here FDC are trial courts for both criminal and civil cases

◦ Use 2 types of juries in criminal cases:◦ Grand jury-hears charges against a suspect and decides if there is

sufficient evidence to bring the person to trial. Usually 12-23 people (Criminal Cases Only) The issue and indictment-a formal accusation charging a person with a crime.

◦ Petit jury-the trial jury, 6 to 12 people. Weighs the evidence and renders a verdict

CIRCUIT COURTSU.S. COURTS OF APPEALS

Appellate Jurisdiction13 Circuits created by Congress in 1891

United States Federal Court United States Federal Court Districts for the State of Districts for the State of TexasTexas

Federal Courts of AppealsFederal Courts of AppealsCreated in 1891 to ease the workload on the

Supreme Court13 US courts of appeals

◦ 1 appellate court for each region & 13th court appeals court w/ national jurisdiction

• 12 Courts across the United States (hear appeals from Constitutional Courts) and 1 U.S. Court of Appeals for the Federal Circuit (hears appeals from Legislative Courts)

• Texas is in the 5th Appellate District in New Orleans• 6 to 28 judges are assigned to each court. They usually sit in panels of three• Decisions by this court is final unless overruled by the US Supreme CourtDeciding on appealThese judges do not decide guilt or innocence

– they decide on questions of law◦ Uphold original decision◦ Reverse the decision◦ Send the case back to the lower court to be tried again

Court of International Court of International TradeTradeJurisdiction over cases dealing

with tariffs◦High tariffs

National court – NYCCircuit Court of Appeals for the

Federal Circuit hears appeals from this court

Legislative CourtsLegislative CourtsU.S. Claims Court

◦ Handles claims against the government for money damages

U.S. Tax Court◦ Settles disputes involving payment of federal taxes

Court of Military Appeals◦ Hears appeals of convictions under military la

Territorial Courts◦ Act as district courts for U.S. territories

Courts of the District of Columbia◦ Act as the court system for the nation’s capital

Court of Veterans’ Appeals◦ Hears appeals of decisions involving veterans’

claims

Federal JudgesFederal Judges Qualifications

◦ Constitution gives no qualifications President favors judges who belong to political party and

share own points of view Senatorial courtesy-a president submits the name of a

candidate for judicial appointment to the senators from the candidate’s state before formally submitting it for full Senate approval. If either or both senators oppose the president’s choice, the president usually withdraws the name and nominates another candidate.

# of women and minorities have increased All Federal judges are appointed by the President and

confirmed by the Senate Serve for life (during good behavior) Leave the bench by voluntary resignation, retirement,

death or impeachment Term begins: October 1st and usually end the following

June

The Supreme CourtThe Supreme CourtThe Supreme Court has final

authority in any case involving the Constitution, acts of Congress, and treaties with other nations.

Most of the cases heard by the Supreme Court are appeal cases from lower courts of appeals (99%)

The only court mentioned in the U.S. Constitution

The Court of Last Resort

Supreme Court powersSupreme Court powersInterpret the Constitution

◦The Constitution and other federal laws are referred to as “the supreme law of the land”

Determine the constitutionality of state laws

Uphold regulatory lawsProtect civil libertiesInfluence public policy

U.S. SUPREME COURTU.S. SUPREME COURT(only court mentioned in the (only court mentioned in the Constitution)Constitution)

JurisdictionOriginal Ambassadors Those in which a state shall be a party

Appellate – 99% of the cases 7,000/year – 75 - 100 heard

Located in Washington D.C.9 JusticesAll Federal Judges

◦ Appointed by the President & approved by the Senate

◦ No qualifications : “shall hold office during good behavior”

◦ May be impeached◦ The U.S. Constitution sets their term of office for

supreme court justices for life◦ Congress sets the salary ◦ Current (2010) salary for the Chief Justice is $223,500

per year, while the Associate Justices each make $213,900.

Final Authority on the Constitution Supreme Court Justices have to decide:

◦ Which cases to hear “Rule of Four”-Four justices must agree to hear a case in order for it to go before the court.

◦ The case itself◦ Written explanation of the decision

Supreme Court Justices Supreme Court Justices 20102010

The current United States Supreme Court, the highest court in the United States, in 2009. Top row (left to right): Associate Justice Samuel A. Alito, Associate Justice Ruth Bader Ginsburg, Associate Justice Stephen G. Breyer, and Associate Justice Sonia Sotomayor. Bottom row (left to right): Associate Justice Anthony M. Kennedy, Associate Justice John Paul Stevens, Chief Justice John G. Roberts, Associate Justice Antonin G. Scalia, and Associate Justice Clarence Thomas.

2012 U.S. Supreme Court

Chief Justice John Roberts Associate Justices Antonin Scalia Anthony Kennedy Clarence Thomas Ruth Bader Ginsburg stephen Breyer Samuel AlitoSonia Sotomayor Elena Kagan

The Supreme CourtThe Supreme CourtCharacteristics of JusticesThey usually have a law degree and experienceState or federal judge at one time In their 50’s when appointedWealthy

Justices hire law clerks to help them with their workload. They…◦Read all appeals filed◦Summarize the key issues of the case◦Do research and help write court opinions◦Timeline of the justices

http://www.supremecourt.gov/about/members.aspx

STATE COURTS

State courts handle all matters not subject to federal jurisdiction.

NOTE: All judges are elected in Texas, except municipal judges.

MUNICIPAL (City) AND COUNTY COURTS

Local Courts: -Municipal Court: city ordinance and traffic violations - Justice Court: civil cases of less than $5,001 and criminal misdemeanors punishable by fine only

County Court: probate (wills), juvenile matters, civil cases of up to $100,000, and misdemeanors with fine greater than $500 or jail sentence

STATE DISTRICT STATE DISTRICT COURTSCOURTS •Have original jurisdiction – with a trial

and jury- Felony criminal cases, civil cases dealing

with more than $200, family and juvenile court.

STATE COURT OF APPEALS (14)

Criminal & CivilAn appellate court does not deal with new

evidence and there is no jury. They address any legal problems that might have occurred in the jury trial.

HIGH COURTS IN TEXASHIGH COURTS IN TEXASTEXAS SUPREME COURT

Civil cases only

TEXAS COURT OF CRIMINAL APPEALSCriminal cases only

(Hears direct appeals from District Court of all Death Penalty cases)

***From these highest state courts, one can appeal to the U.S. Supreme Court. ***

State Court of AppealsState Court of Appeals

City & County CourtsCity & County Courts

State District CourtState District Court

Texas Texas Supreme Supreme

CourtCourt

Texas Texas Court of Court of Criminal Criminal AppealsAppeals

U. S. Supreme CourtU. S. Supreme Court

U. S. Circuit CourtsU. S. Circuit Courts

U. S. District CourtsU. S. District Courts

U. S. Court StructureU. S. Court Structure

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