Gov. chp. 18

Pyramid of Courts

Pyramid of Courts

Why are courts necessary? 

Laws mean nothing without courts to to define their meaning and operation

U.S. Clerk

Keep records of the court proceedings 

Court Officers

Hear and decide cases

U.S. Marshall (4 Years)

Like most sheriffs

U.S. District Attorney 

Prosecute all people charged with federal crimes or court cases involving civil actions against the US. Serve for 4 years

U.S. Magistrate

• Mini judges- handle a number of legal matters 

• 94 districts, 400 judges

• Serves 8 years

• ISSUES WARRANTS

Grand Juries

• Do: hear evidence and determine if criminal charges should be initiated

• Protect us from: unfounded criminal charges and overzealous prosecution

The 3 Opinions

• Dissenting- disagreeing with the majority and showing what can be done in the future 

• Concurring- agrees with the majority but gives extra/different reasons as to why 

• Majority-  5/9 judges agree, sets out facts in the case

Jurisdiction:

• Authority to hear and decide a case

• Latin word means: “to say the law” or “to hear the law“

Types of Federal Courts

• District Court- 94 courts at least 2 judges sit in each courtroom (over 670 judges)

• Circuit Court of Appeals- 13 courts, 179 judges

• Supreme Court- 9 justices (1 Supreme, 8 associate)

Who appoints a judge…who approves them… “SENITORIAL COURTESY” how long a judge serves… how do you get rid of one

• Nominated by the President

• Confirmed by the Senate

• Senatorial Courtesy- the state senators in the presidents party must approve the nomination. If not, the senate, as a courtesy to those senators, won’t approve the nomination

• Serves till they resign, die, or retire (protects them from outside influence)

• Can get rid of one by impeachment (15 times)

What does a president look for when appointing a judge?

• Who share their own legal and political ideologies

• Leading attorneys, law professors, former members of Congress

• Scholars: most renowned legal minds

• Personality of nominee

Rule of 4

4 of 9 judges must agree to take case

When would the supreme court judge a case originally?

• If a state is in one of the parties

• If it affects a public official or ambassador

Writ of Certiorari (to make more certain)

Tells lower court to send the record so they can review what happened

What is a brief order?

Orders to the lower court to reconsider its decision light of recent or current Supreme Court rulings

Weekly Calendar of Supreme Court

• Mon-Wed- oral arguments

• Thurs- research

• Friday- conferences- meet and discuss cases and how they will vote

Pay scale:

• District- $232,600; retirement is full salary for life

• Appeals- $246,600

• Supreme- $274,400

• Chief Justice- $ 286,700

Precedent

Court decision that stands as an example to be followed

Docket

A courts list of cases to be heard

Appeal

Apply to a higher court for reversal

Brief

Written statement submitted to the court

Plaintiff

Files the case

Defendant

The person the case is filed on

Maritime Law

Laws arising on land but directly related to water

Admiralty

Jurisdiction courts of law over cases concerning ships, the sea, of navigable water

• One federal system with over ____ courts

• Fifty state systems with ______ of courts

• 108 courts

• Thousands

What are the two types of federal courts

Special Courts…(they deal with specific issues) including:

• Court of Military Appeals

• Claims Court

• Veterans’ Affairs

• Courts of the District of Columbia

Constitutional Courts (regular courts)…including:

• Supreme Court

• Federal Appeals and District Courts

• Court of International Trade

The Constitution provides that federal court can hear cases based on two things:

Subject Matter:

• Interpretation and application of the Constitution or any federal law, statute or treaty.

Parties:

• The United States as a whole or one of its officers or agencies

Types of Jurisdiction:

• Original- the right to hear a case first

• Concurrent- both state and federal courts can hear the case

• Exclusive- can only be heard in a federal court

• Appellate- the right to hear and appeal- can uphold an original decision, overrule, modify, or send it back for re-evaluation

Bankruptcy Judges

• They serve for 14 years

• 291 judges

Supreme Court

• The only specific court listed in the Constitution

• It has 1 chief justice and 8 associate justices

• It is equal with the other 2 branches of the government

Judicial Review

The extraordinary power to decide the constitutionality of an action of government

When does the Supreme Court sit?

First Monday in October to June/July

Judicial Restraint

Judicial restraint is the concept of a judge not injecting his or her own preferences into legal proceedings and rulings.

Judicial Activism

Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions

What type of jurisdiction is the Supreme Court? Federal Courts?

• S.C. : Original and appellate

• Fed: Original

How long are oral arguments in the Supreme Court? Purpose?

Typically they are one hour long; allows the justices to question the attorneys

Federal District Courts:

• 667 judges, 400,000 cases, 94 courts

• Each state has at least one court with two judges

Court of Appeals

• There are 13 courts, 179 judges, a S.C. justice watches over every circuit.

• Jurisdiction is Appellate

• 3 judges

Indictment

A formal charge or accusation of a serious crime