Module 2: US Constitutional Structure and Judiciary

US Constitution as a Framework

• Judicial: interprets the law

• Executive: executes the law

• Legislative: makes the law

Federalism in the US

In a federalist government, power is divided and shared between a central (federal) and local (state) authorities

• Powers not delegated or shared are retained by the states

• If power was delegated, fed law has preemption

Statutes

Law enacted by federal, state, and local legislative bodies

• State legiclatures often codify their courts’ common law

• Make the common law rules more permanent

• Broaden or narrow the common law rules

• Overrule

Purpose of Courts: Adjudicate Disputes

• Recall: laws are rules established by the state, backed by enforcement

• Legal sanctions are methods used by officials and courts to encourage/force compliance with the law

• Remedy: right of an individual to take anothers resources as that person failed requirements of law

Lawyers

Serve as counselor and advocate for clients and public servant in administering justice

Jurors

Listens to arguments and testimony, and reviews evidence to determine issues of fact in trials, and render an informed and just verdict

Judges

Preside over cases presented before them, and determine issues of law, such as whether evidence should be admitted, or objections overruled

Judicial Operations: Trial Court

At the trial court level, attorneys present evidence and call witnesses, jurors hear the case and render verdicts, and judges preside over cases

Judicial Operations: Appellate Courts

Justices review appeals filed by the parties and decide appeals

Judicial Decisions

Judges/Justices decide legal issues and render opinions, which serve as precedent under the doctrine of stare decisis - lower courts follow higher court precedents to guide similar cases

Primary Authority

Court decisions, statutes, regulations, ordinances, etc.

Secondary Authority

Articles, research studies, new editorials, etc.

Mandatory Authority

A court MUST follow: a higher court, legislature (statute)

Persuasive Authority

Carries some weight but is not binding or mandatory

• An opinion of a sister court

• A law review article

Federal Courts

Created by Article 3 of the US Constitution

• US Supreme Court is the only court created by the constitution

• All other courts created by Congress

Original Jurisdiction

Authority to hear a case first (trial level)

Appellate Jurisdiction

Authority to review decisions appealed from the lower trial courts

Concurrent Jurisdiction

Power shared by federal and state courts to hear certain cases

Exclusive Jurisdiction

Federal courts have exclusive jurisdiction over some matters (Patents)

Federal District Courts

Created to serve as federal trial courts

• These courts are where cases start — “original jurisdiction”

• Hear both criminal and civil cases

Subject Matter Jurisdiction

Can this court hear this kind of case?

• A federal court must have either Federal Question jurisdiction OR Diversity jurisdiction

Federal Questions: does the case involve a federal issue?

• Violations of Constitution or federal laws

• Controversies between states

• Suits involving fed government

• Disputes involving treaties, diplomats, and foreign governments

• Admiralty/maritime

• IP

Diversity Jurisdiction: disputes between citizens of different states, and amount in controversy more than $75k

• Citizens of different states

• All plaintiffs must be citizens of different states from all of the defendants

• If a case involved multiple plaintiffs wirh separate and distinct claims, each must satisfy the $75k amount in controversy requirement

• Can be a STATE issues

The US Supreme Court

Only court with Original and Appellate Jurisdiction

• Composed of 9 justices

3 Federal Districts in Georgia

• Northern (four separate divisions) — Rome, Gainesville, Newnan, Atlanta

• Middle

• Southern

Court of Appeals for the Federal Circuit (CAFC)

A national court that hears appeals involving patents, including appeals from the US Patent Office

US Court of Federal Claims

Presides over monetary claims against the federal government

Federal Judges

Federal district court, appellate court, and Supreme Court judges are nominated by the President, confirmed by Senate, and serve lifetime appointments

• May be removed by impeachment by Congress

• Pay is set by Congress

• Retire with full salary under Rule of 80 (age + years of service)

• Not all judges have life tenure

Georgia Courts (State)

• 159 counties, more complex than most states

• Misdemeanor: up to 12 months jail/probation, max fine $1k

• High and aggravated misdemeanor: up to 12 months jail; max fine $5k

• Felony: minimum 1 year sentence

• Juvenile courts: handle cases involving under 17 years old

Georgia Magistrate Courts

• Do not conduct trials

• $15k or less civil claims

• County ordinance violations

• Preliminary hearings

• Minor criminal offenses

• Review and sign warrants

Georgia Probate Courts

• Wills

• Estates

• Appointment of guardians and trustees

Georgia Municipal Courts

• Traffic offenses

• Local ordinance/violations

Georgia Superior Courts

• Trials courts of general jurisdiction

• Coverage includes civil law actions

• Misdemeanors

• Domestic relations

• Title to land

Georgia Court of Appeals

the state’s intermediate appellate court, consisting of 15 judges in 5 rotating three-judge divisions

Supreme Court of Georgia

The highest court in the state, comprising 9 justices