THE FEDERAL JUDICIARY

The Legal System and the Courts

Standards- The Federal Judiciary

SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary.

a. Explain the jurisdiction of the Supreme Court, federal courts and the state courts.

b. Examine how John Marshall established the Supreme Court as an independent, coequal branch of government through his opinions in Marbury v. Madison.

c. Describe how the Supreme Court decides cases. d. Compare the philosophies of judicial activism and judicial

restraint.

Standards- The Federal Judiciary (continued) SSCG21 The student will describe the causes and effects of

criminal activity. a. Examine the nature and causes of crimes. b. Explain the effects criminal acts have on their intended

victims. c. Categorize different types of crimes. d. Explain the different types of defenses used by perpetrators

of crime.

Standards- The Federal Judiciary (continued) SSCG22 The student will demonstrate knowledge of the

criminal justice process. a. Analyze the steps in the criminal justice process. b. Explain an individual’s due process rights. c. Describe the steps in a criminal trial or civil suit. d. Examine the different types of sentences a convicted person

can receive.

Essential Question: How do civil laws and criminal laws differ? How are criminal trials conducted?

Essential Questions Day 1

Essential Question: How do civil laws and criminal laws differ? How are criminal trials conducted?

The Legal System and the Courts The U.S. legal system is adversarial.

Competing sides present arguments.Lawyers play an important and active part.

Americans tend to be litigious—they tend to sue one another. People in democracies are

committed to personal freedoms and the right to defend themselves.

Many people do not have insurance; when injured, they have to sue to receive compensation.

Substantive and Procedural Laws Substantive laws define what people

can and cannot legally do. Example:A law prohibiting driving more than acertain speed

Procedural laws establishthe procedures used toenforce and apply otherlaws. Example: A lawstating how evidenceshould be collected in acriminal case

Criminal Laws

Criminal laws define crimes against the state or society.

If a person violates criminal laws, the state may prosecute her or him.

If a defendant is found guilty, she or he may be punished according to the law.

We speak of criminals “paying their debt to society” because their actions are seen as harming society.

Civil Laws

Civil laws regulate interactions between people.

If a person damages another person’s property or fails to fulfill a contract, the injured party may sue that person.

The government uses courts to resolve injuries, but the case is between the two people and does not involve the state.

Other Kinds of Laws Constitutional law is contained

in the U.S. Constitution. It establishes the basic powers of government and the basic rights of individuals.

Statutory law is made by state and federal legislatures.

Administrative law is made by bureaucratic agencies.

Executive orders are made by presidents.

Day 2 Essential Questions

How does original jurisdiction differ from appellate jurisdiction?

How are criminal trials conducted?

Jurisdiction Jurisdiction refers to authority to hear a particular

case. Federal courts have jurisdiction in cases that

involve a federal crime, the federal government, the Constitution, or a state as a party. In all other cases, state courts have jurisdiction.

Cases subject to concurrent jurisdiction can be heard in both state and federal courts.

The first court to hear a case has original jurisdiction.

Courts that hear appealed court decisions have appellate jurisdiction.

Layers of Federal Courts

Federal courts are also structured into three tiers:U.S. district courts hear cases and have

original jurisdiction.U.S. courts of appeal hear appeals from the

lower trial courts.The U.S Supreme Court is

the final court of appeal at the federal level.

Layers of State Courts

State courts generally fall into threetiers, as shown in the chart below.

The names of the courts vary by state.

The Dual Court System

The Inferior Federal Courts Constitutional and

Legislative CourtsArticle III, Section I, of the Constitution establishes the

U.S. Supreme Court and authorizes Congress to establish inferior (less powerful) courts.

Congress has established two broad classes of courts:○ Constitutional courts include U.S. district courts, U.S.

courts of appeals, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Court of International Trade.

○ Legislative courts deal with specialized matters arising from complicated issues. Example: Foreign Intelligence Surveillance Court and U.S. Tax Court

District Courts There are 94 district courts. Each state has

at least one, and some have as many as four.

District courts have original jurisdiction over:Any question that involves a federal issue or the

federal governmentAny issue that involves the

Constitution or Congress District courts follow standard

trial procedures: attorneys present evidence and examine witnesses.

U.S. Courts of Appeals There are 13 U.S. courts of

appeal. Eleven cover states or groups of states, the twelfth covers Washington, D.C., and the thirteenth covers specialized areas of the law.

U.S. courts of appeal hear appeals from the district courts.

For an appeal, the facts of the case are assumed to be correct, and only the procedures and legal findings are examined.

U.S. Courts of Appeals Circuits

U.S. Courts of Appeals Procedures

Courts of appeal address only issues of law: No jury is impaneled; no evidence is presented; no witnesses are called.

Lawyers present written arguments called briefs and make oral arguments to persuade the justices.

A panel of three justices reads the briefs and hears the oral arguments.

The justices’ staff researchesrelevant precedents (previousdecisions) that should guide their decisions.

Staffing the Inferior Federal Courts

Two requirements in the Constitution protect judges on constitutional, but not legislative, courts from interference by the other two branches of government:Judges are appointed for life as long as they exhibit

“good behavior.”Congress cannot reduce a judge’s salary while he or

she is in office. Federal judges must be nominated by the

president and confirmed by the Senate. This helps ensure that properly qualified people become judges.

Criteria Used to Select Judges Reward: Candidates are often selected to

reward political friendship or support. Senatorial courtesy: Senior senators have

significant power to name district court judges to serve in their states.

Ideology: Nominees may interpret the Constitution narrowly, as strict constructionists, or broadly, as judicial interpretivists (or judicial activists).

Merit: The American Bar Association rates potential candidate’s qualifications.

The Supreme Court and Judicial Review

Judicial review is the Supreme Court’s power to review acts of the legislative and executive branches and invalidate them if they contradict the Constitution.

Some founders argued that it would allow unelected judges to overrule the legislative will of the majority.

Others (including Alexander Hamilton) believed it would allow the judiciary to make sure that the legislature was passing laws that were consistent with the Constitution.

Establishing Judicial Review

Chief Justice John Marshall asserted that the powers of the Supreme Court included judicial review.

In Marbury v. Madison, Marshall held part of the Judiciary Act of 1789 unconstitutional, thereby using the Court’s authority to interpret the meaning of laws.

This power was not expressly stated in the Constitution.

After Marbury, the Court could declare acts of the other two branches unconstitutional, and they could not be enacted.

Nominee Selection Criteria for U.S. Supreme Court Justices

Merit:Nominees are usually qualified.In 2005, however, Harriet Meiers was

rejected because of inexperience. Ideology:

Justices generally interpret the law as the president who nominated them expected.

However, the liberal rulings of Chief Justice Earl Warren surprised (and displeased) President Eisenhower.

Nominee Selection Criteria for U.S. Supreme Court Justices

Reward:Several presidents have nominated allies.Those allies were rejected when their relationship

with the president seemed too close. Representation:

Past presidents tried to balance the religious backgrounds of the Supreme Court justices.

Recent presidents have considered nominees’ political views.

Most Supreme Court justices are white and male.

Confirmation by the Senate

The Senate Judiciary Committee plays the largest role in the approval process.

In the past, most hearings and votes were formalities. Some, however, have been heated and bitter.

Nominees are more open about their ideologies, and the Senate majority and the president can be from opposing parties. Example: Republican President Ronald Reagan nominated Robert Bork (a political and legal conservative) in 1987. The Democratic-led Senate did not confirm Bork.

Choosing Which Cases to Hear

The Supreme Court hears cases that meet three criteria:Are within its jurisdiction Are controversial Have seriously injured the petitioner

Most cases have been appealed from lower courts.

Interest groups can file amicus curiae briefs (“friends of the court” documents) to try to influence the Court to take a case.

Choosing Which Cases to Hear

Each justice has several law clerks who read petitions and recommend cases for consideration.

When at least four justices (the Rule of Four) decide to hear a case, the Court issues a writ of certiorari, or a formal request for the documents of a case it has agreed to hear.

Deciding Cases

Once a case has been accepted, it is put on the docket.

The lawyers for each side present written arguments for the Court to consider.

Each side gets only 30 minutes in front of the Court to make oral arguments.

The justices make their decisions before and during conference meetings

Internal Factors That Influence Justices’ Decisions Justices are influenced by their own

attitudes toward interpreting the Constitution:Those who support judicial activism believe in

aggressive judicial review, overturning precedents, and shaping government policy.

Those who support judicial restraint believe in following precedents, keeping their rulings narrow, and avoiding lawmaking by the Court.

Justices are also influenced by their own backgrounds, party affiliations, and political views.

Writing Opinions If the chief justice agrees with

the majority, he or she writes the majority opinion.

If the chief justice does not agree, then the most senior member of the majority writes the opinion.

If justices agree with the majority decision but not its reasoning, then they may write a concurring opinion.

Justices who disagree with the majority opinion may write a dissenting opinion

CIVIL RIGHTS VS. CIVIL LIBERTIES

Basic Freedoms and the First Amendment

Civil Rights and Civil Liberties Rights and liberties are general freedoms or

privileges. When the terms rights and liberties are preceded by

the word civil, their meanings become more specific.

Civil liberties are individual freedoms guaranteed by the Constitution, primarily by the Bill of Rights.

The Constitution guarantees civil liberties by limiting the power of the government.

Civil rights are rights of every U.S. citizen. Civil rights are protected and enforced by the

government.

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Conflicting Rights

Rights = Power

Rights = Conflict and controversy There are two basic types of conflict over

rights: Between individuals Between individuals and society

What happens when rights of individuals have a negative effect on society?

Society has the right to limit behavior to reduce the cost to society.

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How Do We Resolve Conflicts about Rights?

The courts: The judicial system can settle disputes among individuals.

Congress: Congress plays a large role in limiting rights and protecting them.

The president: Presidents can use influence to limit or protect individual rights, as when John F. Kennedy originated the Civil Rights Act of 1964.

The people: Individuals can sue the government for infringements on their rights. Organizations such as the ACLU help people fight such battles.

Implementing the Bill of Rights

Incorporation allows the Supreme Court torequire states to protectbasic liberties guaranteedby the Constitution.

Selective incorporationallows the Court to considerrights case by case.

Incorporation is not an absolute principle. The Supreme Court created incorporation, and it

also interprets how the principle is applied.

The 1st Amendment- Religious Freedom Thomas Jefferson and James Madison

both agreed that:Combining church and state could

jeopardize religious freedom.If religion and politics are integrated,

religious purity could be ruined.Religion could be a dividing factor instead of

a unifying one.

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The Establishment Clause The establishment clause states,

“Congress shall make no law respecting an establishment of religion.”

At the time of the founding, 11 of 13 states declared themselves Christian.

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Separation versus Accommodation Separationists believe in the separation

of church and state. Accommodationists believe that the

state can accommodate for religion as long as the state does not show preference for one religion over another.

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Recent Rulings on the Establishment Clause

The Warren Court During the 1960s, Chief Justice Earl

Warren led the Supreme Court. The Warren Court supported the

separationist position. The Warren Court ruled that laws

requiring prayer or reading the Bible in public schools were unconstitutional.

The Warren Court struck down anArkansas law that prohibited teaching evolution.

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Recent Rulings on the Establishment Clause

The Lemon Test Presidents Richard Nixon and Ronald

Reagan appointed more conservative judges, and the Court moved toward an accommodating position.

The Lemon test (based on Lemon v. Kurtzman, 1971) states that justices must first determine how connected politics and religion are in a case, before deciding the case.

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The Free Exercise Clause The free exercise clause states that

Congress shall make no law prohibiting the free exercise of religion.

This means that Congress cannot pass laws that prohibit worshiping as one chooses.

Worshiping as one chooses may include wearing certain clothing, praying at specific times of the day, and eating (or not eating) particular foods.

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Limits on Religious Freedom In 1940, the Court stated that a difference exists

between the freedom to believe and the freedom to act according to beliefs.

Because religious action may conflict with civil order, the freedom to act is subject to governmental regulation. Police power provides order and security to citizens.

If any limitation is placed on religious freedom, the government must show that it is absolutely necessary for an important governmental purpose.

This showing is referred to as a compelling state interest.