The American Justice SystemThe American Justice SystemThe Adversarial
System
Judges serve as relatively
passive and detached
referees who do not argue with attorneys or
challenge evidence
The Inquisitorial System
Judges take an active role in
discovering and evaluating
evidence, will question
witnesses and intervene as
deemed necessary
The American Justice SystemThe American Justice System
Dual Court SystemDual Court System
Two court systems – federal and state – operate at the same time within the same
geographic area.
The Courts and the ConstitutionThe Courts and the Constitution
““The judicial Power of the United The judicial Power of the United States, shall be vested in one States, shall be vested in one supreme Court, and in such supreme Court, and in such inferior Courts as the Congress inferior Courts as the Congress may from time to time ordain may from time to time ordain and establish.”and establish.”
Specialty CourtsSpecialty Courts
In addition to the regular federal In addition to the regular federal courts, Congress has established courts, Congress has established courts for certain specialized areas of courts for certain specialized areas of the law.the law.
E.g. U.S. Claims Court, U.S. Court of E.g. U.S. Claims Court, U.S. Court of International Trade, and U.S. Court of International Trade, and U.S. Court of Military AppealsMilitary Appeals
Jurisdiction of Federal CourtsJurisdiction of Federal Courts
Cases involving the Constitution, Cases involving the Constitution, federal statutes and treaties.federal statutes and treaties.
Jurisdiction of Federal CourtsJurisdiction of Federal Courts
Cases involving the Constitution, federal statutes Cases involving the Constitution, federal statutes and treaties.and treaties.
Ambassadors, other public ministers Ambassadors, other public ministers and consuls.and consuls.
Jurisdiction of Federal CourtsJurisdiction of Federal Courts
Cases involving the Constitution, federal statutes Cases involving the Constitution, federal statutes and treaties.and treaties.
Ambassadors, other public ministers and consuls.Ambassadors, other public ministers and consuls.
Admiralty and maritime issues. Admiralty and maritime issues.
Jurisdiction of Federal CourtsJurisdiction of Federal Courts
Cases involving the Constitution, federal statutes Cases involving the Constitution, federal statutes and treaties.and treaties.
Ambassadors, other public ministers and consuls.Ambassadors, other public ministers and consuls.
Admiralty and maritime issues.Admiralty and maritime issues. Controversies to which the US Controversies to which the US
government is a party.government is a party.
Jurisdiction of Federal CourtsJurisdiction of Federal Courts
Cases involving the Constitution, federal statutes Cases involving the Constitution, federal statutes and treaties.and treaties.
Ambassadors, other public ministers and consuls.Ambassadors, other public ministers and consuls. Admiralty and maritime issues. Admiralty and maritime issues. Controversies to which the US government is a Controversies to which the US government is a
party.party.
Disputes between two or more Disputes between two or more states.states.
Jurisdiction of Federal CourtsJurisdiction of Federal Courts
Cases involving the Constitution, federal statutes Cases involving the Constitution, federal statutes and treaties.and treaties.
Ambassadors, other public ministers and consuls.Ambassadors, other public ministers and consuls. Admiralty and maritime issues. Admiralty and maritime issues. Controversies to which the US government is a Controversies to which the US government is a
party.party. Disputes between two or more states.Disputes between two or more states.
Disputes between a state and Disputes between a state and citizens of another state. citizens of another state.
Jurisdiction of Federal CourtsJurisdiction of Federal Courts
Cases involving the Constitution, federal statutes Cases involving the Constitution, federal statutes and treaties.and treaties.
Ambassadors, other public ministers and consuls.Ambassadors, other public ministers and consuls. Admiralty and maritime issues. Admiralty and maritime issues. Controversies to which the US government is a Controversies to which the US government is a
party.party. Disputes between two or more states.Disputes between two or more states. Disputes between a state and citizens of another Disputes between a state and citizens of another
state. state.
Disputes between citizens of different Disputes between citizens of different states.states.
Jurisdiction of Federal CourtsJurisdiction of Federal Courts Cases involving the Constitution, federal statutes and Cases involving the Constitution, federal statutes and
treaties.treaties. Ambassadors, other public ministers and consuls.Ambassadors, other public ministers and consuls. Admiralty and maritime issues. Admiralty and maritime issues. Controversies to which the US government is a party.Controversies to which the US government is a party. Disputes between two or more states.Disputes between two or more states. Disputes between a state and citizens of another Disputes between a state and citizens of another
state. state. Disputes between citizens of different states.Disputes between citizens of different states. Disputes between states (or their Disputes between states (or their
citizens) and foreign states (or their citizens) and foreign states (or their citizens).citizens).
Types of LawTypes of Law
Criminal LawCriminal Law Prosecutions for violations of criminal Prosecutions for violations of criminal
statutes; laws for protection of societystatutes; laws for protection of society
Civil LawCivil Law Suits for financial compensation for Suits for financial compensation for
contract violations, personal injury, &c.; contract violations, personal injury, &c.; also injunction against government or also injunction against government or private action private action
Appellate vs. Trial CourtsAppellate vs. Trial Courts
Do not hear new cases.Do not hear new cases. Law vs. factLaw vs. fact No new evidence or witnessesNo new evidence or witnesses Only consider points of law under Only consider points of law under
disputedispute Most decisions are finalMost decisions are final
ProcedureProcedure
Three judge panel receives written Three judge panel receives written briefs from the litigantsbriefs from the litigants
Panel hears oral arguments on the Panel hears oral arguments on the legal questions raised in the briefslegal questions raised in the briefs
Issues decision, usually accompanied Issues decision, usually accompanied by a written opinionby a written opinion
Supreme CourtSupreme Court
The Supreme Court is the final The Supreme Court is the final arbitrator for matters concerning arbitrator for matters concerning
federal laws and the U.S. Constitutionfederal laws and the U.S. Constitution
Supreme CourtSupreme Court
The Court has nearly complete control The Court has nearly complete control over what cases it will hear.over what cases it will hear.
The Cert ProcessThe Cert Process
After losing in a lower court (Court of After losing in a lower court (Court of Appeals or state high court), losing Appeals or state high court), losing litigant asks the Court to grant certlitigant asks the Court to grant cert
Court receives more than 8,000 of Court receives more than 8,000 of these petitions annuallythese petitions annually
Only about 80 are granted with full Only about 80 are granted with full considerationconsideration
Decision ProcessDecision Process
Merit BriefsMerit Briefs
Oral ArgumentsOral Arguments
Justices’ ConferenceJustices’ Conference
OpinionsOpinions
Legal BriefsLegal Briefs
After cert is granted, justices invite After cert is granted, justices invite litigants to submit new briefslitigants to submit new briefs
Amicus CuriaeAmicus Curiae may also submit may also submit briefsbriefs
Oral ArgumentsOral Arguments
Generally limited to one hour – 30 Generally limited to one hour – 30 minutes per sideminutes per side
Justices frequently interrupt with Justices frequently interrupt with questionsquestions
These arguments are thought to These arguments are thought to have little effect on justices decision-have little effect on justices decision-making, and some completely ignore making, and some completely ignore themthem
ConferenceConference
No one knows exactly what goes on No one knows exactly what goes on inside conferenceinside conference
Justices takes turns stating their Justices takes turns stating their positions and voting on the casepositions and voting on the case
Opinion assignments are madeOpinion assignments are made
OpinionsOpinions
Majority Opinion – “Opinion of the Majority Opinion – “Opinion of the Court”Court”
Concurring OpinionConcurring Opinion
Dissenting OpinionDissenting Opinion
Qualifications of Federal JudgesQualifications of Federal Judges
Constitutional RequirementsConstitutional Requirements
Qualifications of Federal JudgesQualifications of Federal Judges
Law Degrees
Race & Gender
Age
Judicial Experienc
e
Appointment ProcessAppointment Process
Appointed by the president Appointed by the president with the “advise and consent” with the “advise and consent”
of the Senateof the Senate
Appointment ProcessAppointment Process
Because of the Because of the power wielded power wielded by the Supreme by the Supreme Court, presidents Court, presidents take a personal take a personal interest in interest in selecting selecting appointeesappointees
Political Litmus TestsPolitical Litmus Tests
Litmus Test
In political terms, a person’s stand on a key issue that determines whether he or she will be appointed to
public office or supported in electoral campaigns
Political Litmus TestsPolitical Litmus Tests
Except for Robert Except for Robert Bork, most judicial Bork, most judicial
nominees have nominees have refused to answer refused to answer
questions that might questions that might reveal how they reveal how they
would decide a casewould decide a case
Judicial TenureJudicial Tenure
The Constitution stipulates that The Constitution stipulates that federal judges “shall hold their federal judges “shall hold their Offices during good Behavior”Offices during good Behavior” Interpreted to mean a life term Interpreted to mean a life term
Judges cannot be removed for any Judges cannot be removed for any reason by a President and Congress reason by a President and Congress cannot impeach judges because they cannot impeach judges because they don’t like their decisionsdon’t like their decisions
Top Related