THE JUDICIAL BRANCH. Article III. The Role of the Federal Court

Transcription

1 THE JUDICIAL BRANCH Section I Courts, Term of Office Section II Jurisdiction o Scope of Judicial Power o Supreme Court o Trial by Jury Section III Treason o Definition Punishment Article III The Role of the Federal Court Laws and Courts o Legal system resolves disputes involving laws o The legislative branch makes the law; the judicial branch interprets the law What Courts Do o Courts perform two functions Apply the law to a situation Interpret the law and then apply it o Courts resolve two kinds of legal issues Criminal cases determines if a person is guilty of a crime Civil cases settles a disagreement o Parties in the Conflict CIVIL CASE Plaintiff individual or group of people who bring a complaint against another party Defendant individual or group who answers a complaint and defends against it Cases are called by the last name and/or name of the organization o Plaintiff v. defendant Potter v. Malfoy Weasley v. Ministry of Magic CRIMINAL CASE

2 Prosecution a government body that brings a criminal charge against a defendant who is accused of breaking one of its laws Defendant individual or group accused of breaking the law Cases are always brought to court by the prosecution o Prosecution The People v. defendant People of the State of Alabama v. Doe Members of the Court Judge a public official appointed to apply the law to the conflict between the plaintiff or prosecution and the defendant o Determines which side is better aligned with the law Jury a body of people (typically twelve in number) sworn to give a verdict in a legal case on the basis of evidence submitted to them in court o One of the rights guaranteed by the Constitution Interpreting the Law Courts must decide what the law means and how to apply it Decisions have a broad effect because they can establish the decision of future cases o Precedent a guideline for how all similar cases should be decided in the future Makes the meaning of the law/constitution clearer Brown v. Board of Education established precedent made segregation unconstitutional State Courts and Federal Courts o Separate but interconnected o Original jurisdiction the authority to hear a case first Often during a trial conducted with a jury Determines the facts in a case o Appeal to ask a higher court to review the decision and determine if justice was done Appellate jurisdiction the authority to hear an appeal Appeals courts do not hold trial or determine facts in a case Reviews the legal issues and determines if the law was applied or if due process was followed o Due process the legal requirement that the state must respect all of the legal rights that are owed to a person Let the lower court s decision stand affirm Order another trial lower court s decision was unfair Innocent plaintiffs cannot be retried Most state court systems have three levels

3 o Trial courts a court of law where cases are tried in the first place, as opposed to an appeals court o Appeals courts a court that hears appeals from lower courts o Court of final appeals highest court which has jurisdiction of a particular matter. Federal Courts highest courts hear the following cases 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 State Courts lower courts hear the following cases 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.

4 The District Courts The Organization of the Federal Courts o Created in 1789 by the First Congress o Federal court system 94 district courts The Court of Appeals Handle more than 3000,000 cases each year 80% of the federal case load Number of judges range from 1 to 28 depending on size and workload Courts of original jurisdiction first to hear cases Witnesses are called o Next highest level of federal courts o 12 courts of appeals Circuit court each court of appeals takes cases from a group of district court within a particular geographic area Court of Appeals for the Federal Circuit A thirteenth court has jurisdiction over cases appealed from certain federal courts and the executive branch Federal Court Circuits First Circuit (Boston) Second Circuit (New York City) Third Circuit (Philadelphia) Fourth Circuit (Richmond) Fifth Circuit (New Orleans) Sixth Circuit (Cincinnati) Maine Massachusetts New Hampshire Rhode Island Connecticut New York Vermont Delaware New Jersey Pennsylvania Maryland North Carolina South Carolina Virginia West Virginia Louisiana Mississippi Texas Kentucky Michigan Ohio Tennessee Seventh Circuit (Chicago) Eighth Circuit (St. Louis) Ninth Circuit (San Fransisco) Tenth Circuit (Denver) Eleventh Circuit (Atlanta) Twelfth Circuit- Federal Court (Washington, D.C.) Illinois Indiana Wisconsin Arkansas Iowa Minnesota Missouri Nebraska North Dakota South Dakota Alaska Arizona California Hawaii Idaho Montana Nevada Oregon Washington Colorado Kansas New Mexico Oklahoma Utah Wyoming Alabama Florida Georgia Veteran Claims Federal Claims International Trade Federal Court Judges Must be impartial Appointed by the President and confirmed by the Senate Serve life terms Can only be removed by impeachment Nine Supreme Court judges hold the most responsibility

5 The Supreme Court Judicial Review o The power to overturn any law that the Court decides is in conflict with the Constitution. Gives the judicial branch final say in whether any law is valid. Power was established early in history. Marbury v. Madison 1803 William Marbury sued James Madison (Secretary of State at the time) because he did not get a job that was promised to him by John Adams (President at the time). o Judiciary Act of 1789 gave the Supreme Court original jurisdiction in cases involving government officials o Chief Justice John Marshall wrote that the Court had a sworn duty to uphold the Constitution and that it had a responsibility to declare unconstitutional any law that violated the Constitution. Established precedent that gave the Supreme Court one it its most important power judicial review o Extended to cover acts of the executive branch and state governments Since 1803 more than 1,000 state and local laws and more than 100 federal laws have been overturned The Justices o There are no qualifications listed in the Constitution Chosen by the president and approved by the Senate Chosen from the most respected judges, lawyers, and legal scholars in the country o Supreme Court Justices One chief justice and eight associate justices There have been 112 justices since 1789 Majority have been white males Two African-Americans Thurgood Marshall (1967) and Clarence Thomas (1991) Four women Sandra Day O Connor (1981), Ruth Bader Ginsburg( 1993), Sonia Sotomayor (2009), and Elena Kagan (2010) One Hispanic-American Sonia Sotomayor (2009) Chief Justice earns $223, 500 and associate justices earn $213,900 The Work of the Supreme Court o Decisions affect the lives of millions o Selecting cases Choses cases to hear

6 Must hear certain kinds of appeals from federal and state courts that involve the federal government or federal law Must hear cases over which it has original jurisdiction Representatives of foreign governments All disputes between state government Chooses other cases from the more than 8,000 requests for appeal from lower courts Only hears about 100 cases a year o Hearing Arguments Chooses cases that raise the most important constitutional issues Each side submits briefs, written arguments to be studied by the justices Each attorney has 30 minutes to present their oral arguments o Making a Decision Court meets and votes after hearing the oral arguments only justices are allowed to attend meeting Discussion is led by Chief Justice o Writing Opinions Offers opinion and hears the comments of others Calls for a vote majority o Justices can change their vote during the opinion writing Opinion written statement explaining the reasons for the decision Shows how the law must be applied interpretation Majority opinion Court s opinion o Written by one of the justices on the winning side of the vote Concurring opinion agrees with the opinion but for different reasons Dissenting opinion does not agree with the majority s decision Final decision is announced and made public Influences on Judicial Decision Making o Most concerned with the law and how it has been applied o The law and the Constitution reflect the will of the people Justices consider all related precedents that have been established Develop a consistent body of law by respected past decision American Legal system o Presidents try to appoint justices who agree with their political views justices can influence the Court s decisions for many years. A Changing Court o Different personalities Warren Court Chief Justice Earl Warren

7 Judicial activism an effort by judges to take an active role in policy making by overturning laws relatively often Known for its defense of the rights of people accused of crimes o Miranda v. Arizona Court ruled that when a person is arrested, police must inform him or her of the constitutional rights to remain silent and have a lawyer Burger Court Chief Justice Warren Burger Judicial restraint an effort by judges to avoid overturning laws to leave policymaking up to the other two branches of government Although known for upholding laws, it made one of the most controversial decisions of the twentieth century o Roe v. Wade Court ruled that no state could make a law that forbids a woman to have an abortion Rehnquist Court Chief Justice William Rehnquist Made decisions limiting the federal government s authority over the states. Roberts Court Chief Justice John Roberts Current court no legacy yet determined The Court and Other Branches o The President s Power President appoints justices to the court during his term if there is a vacancy o The Power of Congress Can refuse to confirm a presidential appointment Constitutional amendment If ratified by the states, an amendment proposed by Congress can nullify, or cancel out, a Supreme Court decision o Fourteenth Amendment nullified the Supreme Court s decision in the Dred Scott case o Citizen Participation Citizens can influence Congress (election) to begin the amendment process Citizens can elect a President who promises to appoint justices with ideas similar to their own