The National Judiciary

Jurisdiction: the authority of the courts to hear certain casesOriginal jurisdiction- lower courts have

authority to hear cases for the first time. Trial are conducted, evidence is presented, and juries determine the outcome of the case.

Appellate jurisdiction- courts that hear reviews or appeals of decisions from the lower courts. Court of Appeals & the Supreme Court have appellate jurisdiction

Concurrent jurisdiction- allows certain types of cases to be tried in either the federal or state courts.

The Federal Court System

Constitutional CourtsFederal courts created by Congress in Article

III of the Constitution & the Supreme CourtIncludes district courts, Courts of Appeals

Legislative CourtsHears cases given to Congress under Article I

of the ConstitutionExamples: Territorial Courts, U.S. Tax Courts, U.S.

Court of Appeals for the Armed ForcesHave a more narrow range of authority than

Constitutional

Structure of the Judicial System

Judiciary Act of 1789Created the district courts to serve as trial

courts on the federal levelCurrently 94 Districts

Each state has at least 1Have original jurisdiction, do not hear

appealsDecide civil and criminal casesHear more than 80% of all federal cases

District Courts

State Courts Federal Courts State or Federal Courts• Crimes under state legislation.• State constitutional issues and

cases involving state laws or regulations.

• Family law issues.• Real property issues.• Most private contract disputes

(except those resolved under bankruptcy law).

• Most issues involving the regulation of trades and professions.

• Most professional malpractice issues.

• Most issues involving the internal governance of business associations such as partnerships and corporations.

• Most personal injury lawsuits.• Most workers' injury claims.• Probate and inheritance

matters.• Most traffic violations and

registration of motor vehicles.

• Crimes under statuses enacted by Congress.

• Most cases involving federal laws or regulations (for example: tax, Social Security, broadcasting, civil rights).

• Matters involving interstate and international commerce, including airline and railroad regulation.

• Cases involving securities and commodities regulation, including takeover of publicly held corporations.

• Admiralty cases.• International trade law matters.• Patent, copyright, and other

intellectual property issues.• Cases involving rights under

treaties, foreign states, and foreign nationals.

• State law disputes when "diversity of citizenship" exists.

• Bankruptcy matters.• Disputes between states.• Habeas corpus actions.• Traffic violations and other

misdemeanors occurring on certain federal property.

• Crimes punishable under both federal and state law.

• Federal constitutional issues.• Certain civil rights claims.• "Class action" cases.• Environmental regulations.• Certain disputes involving

federal law.

State vs. Federal Court

Read pages 17-20 in the Constitution & the Federal Judiciary packet

Create a t-chart detailing characteristics of both courts

Respond: Is it possible to be tried in both courts for the same crime? Why or why not?

Criminal vs. Civil Court

Created in 1891 to help lessen the work load of the Supreme Court

Decides appeals from the U.S. District courts13 U.S. Courts of AppealsStates are divided into circuits (districts)Have appellate jurisdiction onlyA panel of judges decides cases in the courts

of appeals

Courts of Appeals

Only court actually created in the ConstitutionHighest court in the federal judicial systemHas final authority in dealing with all questions arising

from the Constitution, federal laws, and treatiesHas both original and appellate jurisdictionMost cases heard are on appeal from the appellate courtsDecisions made in the S.C. may have a strong impact on

social, economic, & political forces in our societyCongress establishes the size of the S.C., and has the

power to change the number of justicesThe current size was set in 1869 at _____ justicesAll are nominated by the president, and confirmed by the

Senate

Supreme Court

The president appoints federal judges, with confirmation by the Senate

There are no formal Constitutional qualifications for federal judges

Federal judges serve a “during good behavior” (life) termThe life term was meant to allow judges to be free

from political pressures when deciding casesFederal judges may be removed from office

through impeachment & conviction

Judicial Selection

The Dept. of Justice and White House staff handle most appointments to the lower courts, due to the large number

Senatorial Courtesy is the practice of allowing individual senators who represent the state where the district is located to approve or disapprove potential nomineesOnly plays a major role in district courts, not

appellate courts

Lower Courts

Presidents only make appointments to the SC if a vacancy occurs during their term in officeTimeline of Appointments

When making appointments, presidents often consider:Party affiliation Judicial philosophyRace, gender, religion, region Judicial experience“litmus test”- a test of ideological purity toward a liberal or

conservative stand on certain issues such as abortionAcceptability

American Bar AssociationInterest groupsOther Justices

Judicial Selection to the Supreme Court

I. Biographical Information Education: List each college and law school you have attended, including dates of attendance, degrees

received and dates degrees were granted. Employment record: List (by year) all governmental agencies, businesses or professional corporations,

companies, firms, or other enterprises, partnerships, institutions, and organizations, nonprofit or otherwise, with which you are or have been connected as an officer, director, partner, proprietor, or employee.

Writings and Speeches: (a) List the titles, publishers, and dates of books, articles, reports, letters to the editor, editorial pieces, or other published material you have written or edited. Please supply one copy of all published material to the Committee.

Citations: Please provide: (a) Citations for all opinions you have written (including concurrences and dissents).

II. Financial Data and Conflict of Interest (Public) List sources and amounts of all income received during the calendar year preceding your nomination and for

the current calendar year, including any salaries, fees, dividends, interest, gifts, rents, royalties, patents, honoraria, and other items of $500 or more.

Have you ever held a position or played a role in a political campaign? If so, please identify the particulars of the campaign, including the candidate, dates of the campaign, your title and responsibilities.

The American Bar Association's commentary to its Code of Judicial Conduct states that it is inappropriate for a judge to hold membership in any organization that . . . discriminates on the basis of race, sex, or religion. Please list all business clubs, social clubs or fraternal organizations to which you belong or have belonged since graduating from law school . . . .

Has anyone involved in the process of selecting you as a judicial nominee (including, but not limited to a member of the White House staff, the Justice Department, or the Senate or its staff) discussed with you any specific case, legal issue or question in a manner that could reasonably be interpreted as seeking any…assurances concerning your position on such case, issue, or question? If so, please explain fully.

Please discuss your views on the role of the judiciary in our governmental system and the . . . criticism involving "judicial activism."

Senate Judiciary QuestionnaireLink

Chief Justice John Roberts' Nomination Hearing

Have extensive legal trainingHave held positions in governmentHave served as lawyers for leading law firmsLBJ appointed the first African American

Justice _____Ronald Raegan appointed the first woman

_____Barack Obama appointed the first Hispanic

_____

Background of Judges

The term of the Supreme Court begins on the first Monday in October and generally lasts until June or July of the following year

The Supreme Court at Work

Thousands of cases are appealed to the SC every yearOnly a few hundred are actually heard

Most are denied because the justices either agree with the decision of the lower court, or believe the case does not involve a significant point of law

Cases that are accepted must pass the Rule of 4, where at least 4 of the 9 justices agree to hear the case

Cases presented to the SC may be appealed throughWrit of certiorari- an order by the court directing a lower

court to send up the records of a case for reviewCertificate- a lower court may ask the SC about a rule of

law or procedures in specific cases

Accepting Cases

Once a case reaches the SC, lawyers for each party to the case file a written brief (a detailed statement of the facts of the case supporting a particular position by presenting arguments based on relevant facts and citations from previous cases)

Interested parties (interest groups) may also be invited to write amicus curiae briefs (support of or rejecting arguments of the case)

Oral arguments allow both sides to present their positions to the justices during a 30 minute periodJustices may interrupt the lawyers, asking questions

or challenging points of the law

Briefs & Oral Arguments

Justices use law clerks to research the info. presented in oral arguments & briefs

Throughout the term, justices meet in private conferences to consider cases heard in oral argument, with the chief justice presiding over the conferences

Each justice has the opportunity to speak about the cases under discussion

Research & Conferences

Once the SC has made a decision in a case, the decision is explained in a written statement, called an opinionMajority opinion- a majority of the justices agree on the

decision and its reasonsConcurring opinion- a justice who agrees with majority

opinionDissenting opinion- a justice or justices who disagree

with the majority opinion

Majority opinions become precedents (standards or guidelines) to be followed in deciding similar cases in the future

Writing Opinions

Judicial Activism Judicial intervention, the idea that the court should play

an active role in determining national policies.Advocates applying the Constitution to social and political

questions, especially where Constitutional rights have been violated

Judicial RestraintHolds that the court should avoid taking the initiative on

social and political questions, operating strictly within the limits of the Constitution

Involves only a limited use of judicial powers and advocates the belief that the court should be more passive, allowing the executive & legislative branches to lead the way in policy making

Judicial Philosophy

The Oyez ProjectSupreme Court of the United StatesTextbook PowerPoint

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