- Количество слайдов: 53
The Judicial Branch
The National Judiciary • During the years the Articles of Confederation were in force there was no national court system. • The laws of the United States were left up to the courts of each state to interpret. • Often, decisions in one state were ignored by other states.
The National Judiciary • Article III, Section 1 of the Constitution says: – “The judicial power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. ” – The idea was to establish a national court system that had the final say on the law.
The National Judiciary • What exists in the United States today is a dual-court system. • There are over 100 federal courts across the country, and each state has their own system of courts as well. • Most cases heard today take place in state courts.
The National Judiciary • The Constitution created the Supreme Court and allows Congress to create inferior federal courts. • There are two types of federal courts – constitutional courts, and special courts. • The constitutional courts hear most cases tried in federal courts.
The National Judiciary • Before a case is heard in court – jurisdiction must be decided – that is which court will the case be heard in. • Usually states have jurisdiction and that is why most cases are heard in state courts. • The Constitution however gives federal courts jurisdiction because of subject matter or the parties involved.
The National Judiciary • In terms of subject matter the federal courts may hear a case if it involves a “federal question”. • Is the interpretation of the Constitution needed? • If yes, than the case may be heard in a federal court.
The National Judiciary • In terms of the parties involved – federal courts hold jurisdiction over a case if one of the parties is… • 1. The United States or one of its officers or agencies. • 2. An ambassador or other official representative of a foreign government.
The National Judiciary • 3. One of the 50 states suing another state, resident of another state, or a foreign government. • 4. A citizen of one state suing a citizen of another state. • 5. An American citizen suing a foreign government or a subject of that government.
The National Judiciary • 6. A citizen of one state suing a citizen of the same state where both claim title to land grants from different states. • Besides these situations, state courts hold jurisdiction over all other legal matters. • However, there are exceptions.
The National Judiciary • Example: Tony robs a bank in California. • Jurisdiction: Federal • Why: Bank robbery violates a federal law, regardless of the state in which the crime was committed.
The National Judiciary • Example: Lisa from Michigan sues Jane from Ohio for $80, 000 in damages caused as a result of a car accident. • Jurisdiction: Concurrent – Both • Why: When a citizen from one state sues a citizen from another state for damages greater then $75, 000 the case can be heard in both.
The National Judiciary • Example: Mitch has his car repaired at a local repair shop. His car breaks down after he pays the bill so he sues for breach of contract. • Jurisdiction: State • Why: A purely local matter where nothing from the case is related to federal law.
The National Judiciary • There is also a difference between original jurisdiction and appellate jurisdiction. • The court where the case is first heard has original jurisdiction. • Appellate courts handle appeals – or protests to the original court’s outcome.
The National Judiciary • Appellate courts do not retry cases – instead they determine whether a court acted in accord with the law. • If the appellate court decides that the original court did not act within the law a decision can be overruled.
YOUR TURN TO WRITE • What does Article III of the Constitution establish? • What does we mean when we say that the United States has a dual-court system? • What does jurisdiction mean, and in the U. S. which courts hold the most jurisdiction over court cases?
Federal Judges and Officers • The Constitution explains the manner in which federal judges are chosen, how long they serve, and how much they get paid. • The President is in charge for nominating judges – and the Senate must approve all nominations with 2/3 majority vote.
Federal Judges and Officers • Although the Constitution sets qualifications for presidents and representatives from Congress – it does not list any qualifications for federal judges. • Tradition alone dictates that all federal judges chosen should posses education and training experience.
Federal Judges and Officers • Choosing a federal judge is a very political process. • We see interest groups once again come alive in this process to try to influence the President’s choice. • Political parties also play a role in choosing – Democrat Presidents choose Democrat judges.
Federal Judges and Officers • The role of a federal judge is very important. • They are responsible for interpreting the Constitution and therefore shaping public policy. • So, a judges’ decision making process plays a valuable role in determining U. S. policy.
Federal Judges and Officers • Some judges believe in judicial restraint. • They believe that cases should be decided by: – 1. The original intent of the framers of the Constitution. – 2. precedent, or how similar cases have been decided on in the past.
Federal Judges and Officers • The opposite philosophy is called judicial activism. • Activists believe that judges should be more influential in making policy through decisions. • They believe that the Constitution should be interpreted in light of changes in society and values.
Federal Judges and Officers • Article III of the Constitution also points out that federal judges hold their offices during good behavior. • This means that once appointed, judges hold their office until they resign, retire, or die in office. • They can be removed only through the impeachment process.
Federal Judges and Officers • Congress sets the salaries for federal judges – and their retirement benefits are outstanding. • Federal judges just hear the cases and make decisions. • Court officers handle all of the supportive work – clerks, bailiffs, reporters, officers.
Federal Judges and Officers • Magistrates are also considered officers of the court. • U. S. magistrates are justices that help run federal district courts. They handle minor civil complaints and misdemeanor cases. • They also issue warrants for arrest and set bail in federal criminal cases.
Federal Judges and Officers • The President and Senate also appoint U. S. Attorneys who serve as the country’s prosecutors. • U. S. Marshals are also appointed to serve as a “sheriff” for the country – make arrests, keep order in court, and hold suspects in custody.
YOUR TURN TO WRITE • How are federal judges selected? • What is the difference between judicial restraint and judicial activism? • What are the roles of U. S. Magistrates, U. S. Attorneys, and U. S. Marshals?
The Inferior Courts • Inferior means lower – and inferior courts are federal courts that are lower than the Supreme Court. • They handle nearly all of the cases tried in federal courts. • The first group of inferior courts are district courts.
The Inferior Courts • The district courts handle over 80 percent of all federal cases – 667 judges, 300, 000 cases per year. • There are 94 U. S. district courts. • The 50 states are divided up into 89 federal districts – Missouri has two districts.
The Inferior Courts • Cases are mostly heard by a single judge – although some cases have a three judge panel. • Cases are either a criminal case or a civil case. • Criminal case is one in which a defendant is tried for committing an action that is against federal law.
The Inferior Courts • A federal civil case involves a non-criminal matter – usually a suit where money is involved. • The U. S. always serves as the prosecutor for a criminal case – the U. S. can be the prosecutor or a defendant in a civil case.
The Inferior Courts • Federal criminal cases include: bank robbery, kidnapping, mail fraud, counterfeiting, terrorism and tax evasion. • Civil cases include: bankruptcy, postal, tax, public lands, and civil rights. • Most decisions made in the 94 district courts are final – but some are appealed.
The Inferior Courts • The courts of appeals were created by Congress in 1891. • There are 13 courts of appeals in the U. S. – and they are assigned appeals from selected parts of the U. S. • Each court of appeals has 6 -28 judges – 179 total – and a Supreme Court justice is assigned to each.
The Inferior Courts • Usually the court of appeals hears a case in a three judge panel – sometimes if case is important enough all judges will sit on case. • Again – the 13 appellate courts hear appeals – they do not retry the case. • They review the court record and review the arguments made by the attorneys.
The Inferior Courts • If they find that the original court acted or made a decision without following the proper rules – the appeal is accepted and can be overturned. • The last of the inferior courts is the Court of International Trade – often called Trade Court.
The Inferior Courts • Trade Court hears all civil cases – not criminal – that deal with nation’s customs and trade laws. • They work in three judge panels and often hold jury trials in major U. S. ports such as New Orleans, San Francisco, Boston and New York.
YOUR TURN TO WRITE • Which courts handle most federal cases? • A Supreme Court justice is assigned to which courts? • What would a federal appeals court do when hearing a case?
The Supreme Court • Supreme Court is located in Washington D. C. – on the building quote reads “Equal justice under the law. ” • The Court consists of one Chief Justice – the head honcho – and eight associate judges. • It is part of the three branches of government in the U. S. – Legislative, Executive, Judicial.
The Supreme Court • Framers of the Constitution gave all three branches power over each other – checks and balances. • The Supreme Court’s power is judicial review. • It has the final say on all matters relating to the interpretation of the Constitution.
The Supreme Court • Judicial review was established in 1803 as a result of Marbury v. Madison – a court case. • Dispute over the 1800 election in which Anti. Federalist Thomas Jefferson won the presidency and they also controlled Congress. • President John Adams – a Federalist – tried to add Federalist judges to the Supreme Court before his term was over.
The Supreme Court • An argument followed and the case was decided upon by the Supreme Court – which gave the Court power to determine laws and policies of other branches as “unconstitutional. ” • This is important – if two or more laws conflict each other – Supreme Court decides which law stands.
The Supreme Court • Today, most cases heard in the Supreme Court are appeals. • These cases were tried in lower federal courts or high state courts and their outcome is challenged. • More then 8, 000 cases are appealed to the Supreme Court each year – only a few hundred are actually heard – most are denied.
The Supreme Court • The “rule of four” is used to determine which cases will be heard. • 9 judges – a minimum of 4 judges must agree that case is worthy of being heard. • Most of the cases that reach the Supreme Court are from the “writ of certiorari”.
The Supreme Court • It is Latin for “to be made more certain”. • This happens when either the prosecution or the defendant asks the Supreme Court to interpret the Constitution. • The other cases that reach the Supreme Court do so as a “certificate” – where the judge requests Court interpretation.
The Supreme Court • Supreme Court is in session from October to July – they set dates for the cases they hear. • When your case is heard – you must submit a written brief – your argument about the case. • Briefs sometimes reach 100+ pages in length.
The Supreme Court • After brief is submitted, you get to appear before the judges in Court and present your argument verbally – called the oral argument. • You have 30 minutes to speak – white light shines for 5 minute warning – red light shines you must end.
The Supreme Court • After the hearing, judges meet in private conference to make their decision. • This is where judicial restraint or judicial activism is used. • Majority is needed – so 5 out of 9 judges is minimum needed to make a ruling.
The Supreme Court • Once decision is made, the Chief Justice issues a written document called the “majority opinion”. • It summarizes the view of the Court and explains the reasons for their decision. • This helps to create precedent down the road for future cases.
The Supreme Court • In addition to the majority opinion – a “dissenting opinion” can be issued as well. • This is submitted by the judges on the losing side and explains their position. • This can also be used later in the future to help judges make decisions for cases later on.
YOUR TURN TO WRITE • What power did Marbury v. Madison give to the Supreme Court, and why is this power important? • What is the difference between a writ of certiorari and a certificate? • Why would a dissenting opinion be issued?