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lFederal Judiciary
lLesson 12
lRole of the Courts
What is the role of courts - resolve political issues?
l
lPresidential election
lPower of the President in Time of war - Rights of Detainees
lShivo Case – the right to die
lSame Sex Marriage
l
lCommon Law
l
l1. Basis of our system: English legal system
l Judge/Case made tradition – Common Law
l Precedent – stare decisis follow prior case
l Predictable, efficient, stable
l
American Law
l1. Constitutions (federal and state)
l2. Statutes & Administrative Regulations
l3. Case Law (appellate cases)
l The interpretations of the constitutions, statutes & administrative regulations, both federal and state
l
JURISDICTION
lA Dual Court System – federal & state
l each with trial courts and appellate courts
lJurisdiction of a court
lAuthority of this court to hear this case
l(Marbury v. Madison, 1803) Supreme Court original jurisdiction set by the Constitution
l
Federal Court System
l1. Federal Jurisdiction (basic to all cases)
l a. A federal question: U.S. Constitution, federal law or treaties.
l b. Diversity Jurisdiction: citizens of different states and $75,000.00; foreign nation or individual.
l c. Standing to sue: real harm to the person bringing suit!
l
Federal Courts
l1. U.S. District Court: trial court, at least one per state (CA has 4) N, S, C, E.
l2. U.S. Courts of Appeals: appellate courts for 12 circuits; 13th Circuit in Washington, DC. Panel of judges review for legal error.
l3. U.S. Supreme Court: hears appeals from both state and federal courts; nine (9) justices
lOther Federal Courts
l1. Foreign Intelligence Surveillance Act of 1978 (FISA Courts) secret issue warrants
l2. Anti-Terrorist and Effective Death Penalty Act of 1996 (deportations)
l3. Tax Court, Court of Claims, Bankruptcy, Patent Court, Court of Federal Claims, etc.
l(courts with limited jurisdiction)
lLitigation
lPlaintiff/Defendant
lCross Complainant/Cross Defendant
lInterpleader
lAmicus Curiae
lClass-Actions
lCivil contempt – criminal contempt
l
The Supreme Court
l1. First Monday in October to late June
l2. Decide what cases to review, schedule oral argument, read briefs, meet in conference, draft opinions, final opinion.
l3. Areas free speech, civil rights, states rights, capital punishment, abortion, privacy, school integration, term limits
l
lToday’s Court
lJohn G. Roberts, Jr.
lAntonio Scalia; Anthony M. Kennedy; Clarence Thomas; Ruth Bader Ginsburg; Steven G. Breyer; Samuel A. Alito, Jr., Sonia Sotomayor; Elena Kagan
l
lhttp://www.supremecourtus.gov/
lSupreme Court
lOriginal Jurisdiction – as a trial court under the Constitution, art. 3, sec. 2
1. A state is a party
2. Affecting foreign diplomats
Can not be expanded by Congress
Number of cases decided each year??
lSelection of Cases
l1. Subjective (rule of 4)
l2. Factors:
l a. Two lower courts disagree
l b. Lower court in conflict with Supreme
l c. Case of significance
l d. Substantial federal question
l e. State court interpretations of federal law
lSelection of Cases
l f. Constitutional issues in federal courts
l g. Actions by the Solicitor General
l3. Opinions (a statement of the decision)
l Majority Affirm
l Dissenting Reverse
l Concurring Remand
lJudicial Appointments
l1. Who are they?
l2. Senatorial Courtesy (veto - gone)
l3. Political patronage of the President
l political party and political philosophy
l4. Senate confirmation (committee review and the importance of the court)
l
Judicial Confirmation
l1. Confirmation more difficult since the rejection of Robert Bork in 1987.
l2. Politics has always played a major role in approval
l3. Most are confirmed without much dispute.
l4. Those with strong ideological commitments experience difficulty.
lImportance of the Court
l1. Judicial Review
l Constitutionality of both federal and state laws, & actions of the President or the Congress
l2. Activism v. Restraint
l3. Strict v. Broad Construction
l4. Liberal v. Conservative
lChecks on the Court
lA. Executive Checks:
l Power of enforcement
l Power of appointment
lB. Congressional Power
l Propose Constitutional Amendemnts
l Draft new laws around the Court
lC. Public Opinion
Ignore or not enforce
lChecks on the Court
lD. Citizens
l Selection of the President
l Affect of the Media
lE. Lower Courts
l Limit scope of decisions
lOther Items
lWrit of Certiorari
Extraordinary Petition to the Supreme Court to review a case – most often denied
l
lClass actions
A certified group action – each member bound by the result, but can elect not to be a part of the Class
l
lLesson 12
lRole of the Courts
What is the role of courts - resolve political issues?
l
lPresidential election
lPower of the President in Time of war - Rights of Detainees
lShivo Case – the right to die
lSame Sex Marriage
l
lCommon Law
l
l1. Basis of our system: English legal system
l Judge/Case made tradition – Common Law
l Precedent – stare decisis follow prior case
l Predictable, efficient, stable
l
American Law
l1. Constitutions (federal and state)
l2. Statutes & Administrative Regulations
l3. Case Law (appellate cases)
l The interpretations of the constitutions, statutes & administrative regulations, both federal and state
l
JURISDICTION
lA Dual Court System – federal & state
l each with trial courts and appellate courts
lJurisdiction of a court
lAuthority of this court to hear this case
l(Marbury v. Madison, 1803) Supreme Court original jurisdiction set by the Constitution
l
Federal Court System
l1. Federal Jurisdiction (basic to all cases)
l a. A federal question: U.S. Constitution, federal law or treaties.
l b. Diversity Jurisdiction: citizens of different states and $75,000.00; foreign nation or individual.
l c. Standing to sue: real harm to the person bringing suit!
l
Federal Courts
l1. U.S. District Court: trial court, at least one per state (CA has 4) N, S, C, E.
l2. U.S. Courts of Appeals: appellate courts for 12 circuits; 13th Circuit in Washington, DC. Panel of judges review for legal error.
l3. U.S. Supreme Court: hears appeals from both state and federal courts; nine (9) justices
lOther Federal Courts
l1. Foreign Intelligence Surveillance Act of 1978 (FISA Courts) secret issue warrants
l2. Anti-Terrorist and Effective Death Penalty Act of 1996 (deportations)
l3. Tax Court, Court of Claims, Bankruptcy, Patent Court, Court of Federal Claims, etc.
l(courts with limited jurisdiction)
lLitigation
lPlaintiff/Defendant
lCross Complainant/Cross Defendant
lInterpleader
lAmicus Curiae
lClass-Actions
lCivil contempt – criminal contempt
l
The Supreme Court
l1. First Monday in October to late June
l2. Decide what cases to review, schedule oral argument, read briefs, meet in conference, draft opinions, final opinion.
l3. Areas free speech, civil rights, states rights, capital punishment, abortion, privacy, school integration, term limits
l
lToday’s Court
lJohn G. Roberts, Jr.
lAntonio Scalia; Anthony M. Kennedy; Clarence Thomas; Ruth Bader Ginsburg; Steven G. Breyer; Samuel A. Alito, Jr., Sonia Sotomayor; Elena Kagan
l
lhttp://www.supremecourtus.gov/
lSupreme Court
lOriginal Jurisdiction – as a trial court under the Constitution, art. 3, sec. 2
1. A state is a party
2. Affecting foreign diplomats
Can not be expanded by Congress
Number of cases decided each year??
lSelection of Cases
l1. Subjective (rule of 4)
l2. Factors:
l a. Two lower courts disagree
l b. Lower court in conflict with Supreme
l c. Case of significance
l d. Substantial federal question
l e. State court interpretations of federal law
lSelection of Cases
l f. Constitutional issues in federal courts
l g. Actions by the Solicitor General
l3. Opinions (a statement of the decision)
l Majority Affirm
l Dissenting Reverse
l Concurring Remand
lJudicial Appointments
l1. Who are they?
l2. Senatorial Courtesy (veto - gone)
l3. Political patronage of the President
l political party and political philosophy
l4. Senate confirmation (committee review and the importance of the court)
l
Judicial Confirmation
l1. Confirmation more difficult since the rejection of Robert Bork in 1987.
l2. Politics has always played a major role in approval
l3. Most are confirmed without much dispute.
l4. Those with strong ideological commitments experience difficulty.
lImportance of the Court
l1. Judicial Review
l Constitutionality of both federal and state laws, & actions of the President or the Congress
l2. Activism v. Restraint
l3. Strict v. Broad Construction
l4. Liberal v. Conservative
lChecks on the Court
lA. Executive Checks:
l Power of enforcement
l Power of appointment
lB. Congressional Power
l Propose Constitutional Amendemnts
l Draft new laws around the Court
lC. Public Opinion
Ignore or not enforce
lChecks on the Court
lD. Citizens
l Selection of the President
l Affect of the Media
lE. Lower Courts
l Limit scope of decisions
lOther Items
lWrit of Certiorari
Extraordinary Petition to the Supreme Court to review a case – most often denied
l
lClass actions
A certified group action – each member bound by the result, but can elect not to be a part of the Class
l
