Federal Court System

Powers of Federal Courts U.S. has a dual court system (Federal &

State) State courts have jurisdiction over state

laws Federal courts have jurisdiction over federal

laws

Federal Court Jurisdiction If certain people or groups are involved,

then federal court has jurisdiction: Ambassadors of foreign countries Two or more state governments U.S. Govt. or one of its agencies Citizens who are residents of different

states

Concurrent Jurisdiction Some instances where both the state and

federal court has jurisdiction: known as concurrent jurisdiction

Example: People from same state but suit involves over $75,000; people can choose where case goes

Original Jurisdiction Where the case originates; where it is

initially tried Trial court and district courts

Appellate Jurisdiction If a person loses a trial, they may appeal. Courts that have the authority to hear

appeals.

http://en.wikipedia.org/wiki/Image:US_Court_of_Appeals_and_District_Court_map.svg

Supreme Court Justices Made up of 9 Justices 1 Chief Justice 8 Associate Justices Receive around $217,000 May be impeached and removed Only one has been impeached, but not

removed (Samuel Chase)

Supreme Court Justices John Roberts (Chief

Justice-Bush) Samuel Alito (Bush) Antonin Scalia

(Reagan) Clarence Thomas

(G.H.W. Bush)

Stephen Breyer (Clinton)

Ruth Bader-Ginsberg (Clinton)

David Souter (G.H.W. Bush) (retiring)

John Paul Stephens (Ford)

Anthony Kennedy (Reagan)

Duties of Justices Main duty is to hear and rule on cases Decide three things: Decide which cases to hear Deciding the case Determining an explanation of ruling, called

an opinion

How Supreme Court Gets Cases 1) Writ of certiorari- Supreme Court gives

orders to send up a case 2) On Appeal- very few reach it this way,

usually must have to deal with federal law 3) Solicitor General- lawsuit involving the

United States

Selecting Cases Usually reject over 90% of appeals, making

lower courts ruling final Only discuss about 1/3 of writ of certiorari

cases Need 4 of 9 justices to accept a case

Steps in Deciding Major Case Submitting Briefs: written statement

submitted by lawyers explaining legal arguments, relevant facts, and precedents supporting case

Steps in Deciding Major Case Oral Arguments: allowed 30 minutes to

speak; Justices can interrupt and ask questions

Conference: Justices meet to debate case and facts.

Majority must be in agreement; at least 6 must be present; if a tie, then lower court decision stands

Steps in Deciding Major Case Writing the Opinion: 4 types outlining why

they ruled a certain way Unanimous opinion: all in favor or all

against Majority Opinion: winning side Concurring Opinion: agreed with ruling, but

for different reasons Dissenting Opinion: disagreed with ruling

Federal District Courts Uses two types of juries

Grand Jury- made up of 16-23 people See if there is enough evidence for an indictment

(formal charge) Petit Jury- made up of 6-12 people

The trial jury, hears the evidence, makes a decision on the case

Selection of Federal Judges Party Affiliation: Presidents tend to pick judges

who are members of their political party Judicial Philosophy: same political ideologies as

President, since they serve for life Senatorial Courtesy: will ask Senators from the

state the nominee is from for their opinion

Limits of Supreme Court Limits on Types of Issues: don’t deal with foreign

policy Limits on Types of Cases: must be brought to

trial, be a federal issue, plaintiff must have suffered real harm

Limited Control over Agenda: only can take the cases that come to them

Lack of Enforcement: have no power to enforce their decisions

Developing Power for Supreme Court Early Precedents: Court does not seek out cases; must be

brought to them Will only determine cases; won’t just

answer legal question without determining case as well

Marbury vs. Madison Before John Adams left office, appointed

several “midnight” judges Didn’t deliver their appointment, and once

Jefferson took office, he refused to deliver them

Marbury sued Sec. of State James Madison for his position

Marbury vs. Madison Chief Justice John Marshall took the case Said Marbury’s rights had been violated However, ruled that the court had been

given too much power under Judiciary Act of 1789, and ruled it unconstitutional

Jefferson won case Supreme Court gain power of judicial

review

John Marshall’s Influence Helped the Supreme Court gain power it

has today Fletcher v. Peck: Courts right to review

state laws McCulloch v. Maryland: helped federal

govt. get power from states Gibbons v. Ogden: broadened meaning of

interstate commerce