The Modern Courts

November 3, 2010

Federal and State Court Systems

Original- Jurisdiction cases

Requests for review

U.S.Supreme Court

80 Cases

State Court ofLast Resort

70,000

State IntermediateAppellate Courts of Appeals

168,000

U.S.DistrictCourts

314,000 Cases

StateTrial

Courts101,000,000 cases

U.S. CourtsOf Appeals

52,000 cases

Two Legal Codes

Civil Code

Contracts—the Court Enforces agreements made between individuals

Torts—the Court provides restitution for injuries

Any private party—or the government—can file a civil suit.

Damages may be required, but no imprisonment can be meted out as the result of a civil suit

Criminal Code

Violations of the Criminal Law

Only Governments can Prosecute under the Criminal Law

If convicted, one can be fined, imprisoned or executed

“The judicial power shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”

- Constitution, Article 3, Section 1

Federal and State Court Systems

Original- Jurisdiction cases

Requests for review

U.S.Supreme Court

80 Cases

State Court ofLast Resort

70,000

State IntermediateAppellate Courts of Appeals

168,000

U.S.DistrictCourts

314,000 Cases

StateTrial

Courts101,000,000 cases

U.S. CourtsOf Appeals

52,000 cases

Appellate Court Boundaries

Double Jeopardy

1. Forbidden by the Constitution. No person may be tried twice for the same crime—if found innocent in the first trial (can be tried again if jury is hung.)

2. But… with dual court system, double jeopardy is possible.

1. Terry Nichols was tried twice for the Oklahoma bombing

A. Initially convicted in federal court, but not given the death penalty.

B. So Oklahoma tried him again in state courts (but failed to get jury to award death penalty).

Strategic court selection

Federal or state court often chosen for strategic purposes.

1. Gore selects Florida state courts when he files his lawsuit, even though he is claiming a denial of his civil rights because some votes had allegedly not been counted (a charge that could be brought in either state or federal courts). Why? Because he knew he had a majority on the Florida State Supreme Court.

2. Bush filed a counter suit in the federal courts, claiming his civil rights were violated (because re-counting was allegedly not uniform throughout the state).

3. Both lost their suits, Bush at the appeals court level (with S. C. not reviewing), Gore because S. C. twice reviewed Florida Supreme Court decisions.

Senatorial courtesy

Judicial Politics

Widespread in State courts

1. Justices appointed by governor or elected, and contributions to political parties important for securing judicial appointments in most states.

2. In 37 states, some judges are either elected or the voters have the opportunity to remove them from office.

Campaign Ads…

______________________________Republican Presidents

________________________Democratic Presidents

John Parker 1930 Hoover Anti-labor

Abraham Fortas 1968 Johnson Too liberal; alleged financial abuses

Homer Thornberry 1968 Johnson No vacancy when Fortas not confirmed for chief justice

Clement Haynsworth 1970 Nixon Alleged financial abuses

Harold Carswell 1970 Nixon Racially conservative

Robert Bork 1987 Reagan Too conservative

Douglas Ginsberg 1987 Reagan Smoked marijuana

Harriet Miers 2005 GW Bush Lack of experience/record

Presidential Nominees to Supreme Court Not Confirmed by the Senate, 1900-1997

“Borking”

“stealth candidate”

Stare Decisis

Writ of Certiorari (cert.)

“The Supreme Court is not, and never has

been, primarily concerned with the correction

of errors in lower court decisions….To remain effective

the Supreme Court must continue to decide only those

cases which present questions whose resolution will

have immediate importance far beyond the particular

facts and parties involved.”

Factions on Supreme Court Today

Judicial Activists

Restorationists

Judicial Restraint (Stare Decisis)

Statutory interpretation

“The judiciary will always be the least dangerous to the

political rights of the Constitution. The executive

dispenses honors and holds the sword of the community;

the legislature commands the purse and prescribes the

rules of the community. But the judiciary has no influence

over either sword or purse. It depends on the executive for

the efficacy of its judgments. It has neither force nor will;

it has only judgment.

-Alexander Hamilton, Federalist Papers

“Justice Marshall has made his decision,

now let him enforce it.”

-Andrew Jackson

“The Constitution and the laws of the United States shall

be the Supreme law of the land, and the judges in every

state shall be bound thereby, any thing in the

Constitution or laws of any state to the contrary

notwithstanding.”

-Constitution, Supremacy Clause