The Federal Court System

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The Federal Court System

• Chapter 15

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I. The Constitutional Design of the Federal
Judiciary

• The Framers wanted a system that would carry out
  these functions
• interpret the laws Congress the President
  enacted
• Issue rulings over disputes, when laws were not
  available.
• Ensure that persons who violated the law were
  appropriately punished.
• Compensate the victims, when possible.

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• The powers responsibilities of the system are
  addressed in Art. III is the shortest of the
  first three.
• Art. III establishes a Supreme Court and
  inferior courts operating under its
  jurisdiction and recognizes a judicial power.
• The court system was not established until the
  Judiciary Act (1789). Hamilton said is was, the
  least dangerous branch.

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• The judicial branch lacks the power of the
  purse or the power of the Sword, but offers
  interpretations of the Constitution.
• Judges work hard to be fair, firm, and consistent
  to rise above politics.
• Polls show that most Americans approve of the
  Courts job, as compared to 56 for Obama, 21
  Congress (2009).

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• We have already seen that interest
  groups/minority groups seek help and reform from
  the courts, when they do not receive it from the
  legislative or executive branches.

• Even so, the Courts are at the center of many
  pressing controversies, such as
• Freedom of speech
• Reproduction
• Civil rights
• Treatment of enemy combatants

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II. The Organization of the Federal Judiciary
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• The core elements of the federal system consist
  of district courts, appellate courts, the
  Supreme Court.

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A. The federal judiciary is hierarchical.

• There are 3 levels in the court system.
• There are 94 district courts. (Def)the first tier
  where most cases are decided.
• 678 judges, appointed by the President, for
  life-terms, work in district courts.
• They have the power to appoint magistrate judges.
  (Def) judges who hear decide minor cases at the
  district level.

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2. The 2nd tier is the appellate courts.

• (Def) courts responsible for reviewing decisions
  of the first tier district courts
• There are 12 circuits spread across the nation,
  11 are called by their number the 12th is
  called the DC Circuit
• There were 179 appellate judges working on
  circuit courts on 2007, often sitting in panels
  of 3 judges to hear cases.

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3. The top tier is the Supreme Court

• (Def) the highest court in the land, where all
  decisions are final.
• Few cases reach the Supreme Court from the lesser
  counts.
• The Court heard about 92 cases during each year
  and made 85 or less decisions.

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• However, its cases are of great importance, such
  as
• Brown v. Board (1954)
• Gideon v. Wainwright (1963)
• U.S. v. Nixon (1974)
• Bush v. Gore (2000)

• The 3-tier structure can also be found in the
  state-level court systems.

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B. District Appellate Rulings

• Because of expense time, decisions of district
  courts are seldom appealed.
• It can take years to work thru the system, as the
  recent Wal-Mart, class-action suit, which deals
  with gender discrimination.
• The Court is very choosey about which cases it
  hears.

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• This requires a Writ of Certiorari. (Def) a
  formal acceptance by the Court to review a
  decision from a lower court.
• Such a writ requires the rule of 4. Four
  justices must vote to allow a case to be heard.
• Some cases go straight to the Court. This is
  called original jurisdiction. (Def) the right of
  a court to be the first to hear a case.
• Example when two states have a conflict.

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C. The Courts proceedings are highly scripted.

• Once the Court agrees to hear a case, both sides
  submit a brief. (Def) papers that contain the
  arguments of the dispute.
• After they are filed and reviewed, there are oral
  arguments. (Def) a lawyers spoken presentation
  on why her side should prevail.
• After the arguments, the justices gather for
  conference. (Def) a private meeting where they
  discuss the case and cast votes.

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• The chief justice, John Roberts, presides over
  the conference selects who will writhe the
  majority opinion.
• Chief justice (def) serves as the chair and
  selects the justice who writes the opinion.
• majority opinion (Def) the collective judgment of
  those on the majority side of a ruling.

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There are other opinions.

• Concurring opinion (def) a justices opinion, on
  the majority side, which has additional
  consideration he/she thinks are important.

• Dissenting opinion (def) an opinion from the
  minority side, which outlines his own reasoning
  what he considers incorrect with the ruling.
• After reaching a decision it will be send back to
  the lower court for implementation.

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III. The Number and Types of Cases That the Court
Process
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A. Judges decide criminal civil cases.

• In US court cases the plaintiff brings the suit.
  (Def) the party that brings the suit, filing a
  complaint.
• The defendant (def) person being sued or accused
  of a crime.
• Juries (def) citizens selected to listen to
  trials issue final verdicts.

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• Judges issue rulings in 2 kinds of cases
  criminal civil .
• Criminal case (def) involves a violation of laws
  that protect the public.
• Civil case (def) concerns a violation of rights
  of one person toward another.

• A class action suit is now being decided
  concerning large numbers of women charging gender
  discrimination against their employer, Wal- Mart.

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B. Courts do not resolve all disputes.

• For a person to bring suit in court, he must have
  standing (def) must have suffered a well-defined
  injury as a result of a law violation.
• The ripeness doctrine may also come into play.
  (Def) accept cases where the actual harm has
  already taken place.
• Plea bargain (def) agreement where parties agree
  to a specified crime punishment.

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C. Courts process 100,000s of cases each year.

• During a year, 65,000 criminal cases 262,000
  civil cases are filed. Just over 1,000 judges
  process these cases.
• The numbers have increased over the years. There
  has been a litigation explosion in America.

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IV. Courts Make and Interpret the Law
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• Many of the basic principles of the US judicial
  process are based on English law.
• These rules include our current system of
  justice, the role of judges, various types of
  law, types of cases different courts may hear
  (jurisdiction).

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Common Law

• Colonists brought English common law to America.
• Common law (def) judge-made law when no
  legislation currently exists
• Public law (def) law enacted by
  Presidents/Congress that define the relationship
  between parties the state.

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• Judicial decisions served both controversies
  establish precedents (def) a former case is used
  to establish guidance for determining the outcome
  of a present case.
• Common law provided basis for judicial review in
  the U.S.

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Judicial Review

• (Def) Supreme Court can strike down acts of
  Congress it considers unconstitutional.
• It was est. in the case of Marbury v. Madison
  (1803) Justice Marshall ruled that a law, passed
  by Congress was null void, because it
  conflicted with the Constitution.

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• Justices use the legal model in determining their
  decisions (Def) judges make decisions by
  determining the correct interpretation of the law
  the part of the Const. needed, determine if
  there is a conflict between the two.
• The simplest choice is to use stare decisis (Def)
  judges weigh the decisions of their predecessors
  in similar cases come to the same decision if
  the basic elements of the case before them are
  the same.

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Judicial self-restraint

• (def) courts allow decisions of other branches of
  government to stand, even if they offend the
  judges own principles.
• Judicial activism (def) judges use their power
  broadly to further justice esp. concerning
  equality personal liberty.
• Strict constructionist (def) emphasizes the
  Framers original intentions.

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B. The Attitudinal model

• (Def) judges use their own policy preferences in
  deciding cases.

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C. The Models of Decision Making

• Behavioral CharacteristicsJustices are affected
  in their decision-making by childhood experience,
  religious values, education, earlier careers,
  political party, etc.
• Attitudinal ModelJustices are affected by
  personal preferences, such as party
  identification, party of appointing president,
  liberal/ conservative leanings.
• Strategic ModelJustices adjust their actions to
  improve their chances of getting their
  preferences adopted by the whole court

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D. Public Opinion

• Public opinion can act as a check on the power of
  the courts be an energizing factor.
• The Court can be a direct target of public
  opinion, concerning massive mailings, petition,
  media coverage.
• However, decisions may lead public opinion as in
  the case of Brown v. Board.

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E. The Federal Government

• The solicitor general (def) the 4th ranking
  member of the Justice Dept. is responsible for
  handling all appeals on behalf of the US govt.
  before the Court.
• The SG often serves amicus curiaw briefs (def)
  Friend of the Court these friends may file
  briefs or even appear to argue their interests
  orally before the Court.
• The SG is very successful, winning 70-80 of
  his/her cases he has been called the 10th
  justice.

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V. Judicial Appointments
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A. Nomination Criteria

• The president nominates replacements for deceased
  or retiring justices.
• Most are his personal friends.
• All nominees undergo a thorough FBI background
  check.

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4. Typical Qualifications

1. Distinguished legal carrer good reputation
2. Shares the views of the president about policy
3. Old enough to be prominent, but not TOO old!
4. Diverse in gender, race, and ethnicity

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B. Senate Confirmation

• When the Senate must confirm the Supreme Court
  nominees
• Confirmation is by majority vote.
• Conformation is less likely if opposition prty
  controls the Senate, when the Court is split, or
  it is late in the Presidents term.
• The Judiciary Comm. Probes the nominees
  background holds hearings about the nominees
  fitness.

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C. Lower Court Selection

• The Pres. typically is less involved in the
  selection of lower court judges.
• Senatorial courtesy (def) Senators from the home
  state of a nominee for a lower court, that are of
  the same party of the president, may exervcise
  almost a veto power over the nominaton.
• So, political partisanship has become a greater
  factor in nominating lower court judges.

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