Judiciary Study Notes

Three Branches of Government: The Judiciary

Overview

  • The three branches of government in the United States include the executive, legislative, and judicial branches.

  • This section focuses on the judiciary, specifically the court system.

Distinctions in Law

Federal Law vs. State Law

  • Federal Law: Laws made by the national government (federal government).

  • State Law: Laws made by individual state governments (e.g., Georgia, Alabama, Florida).

  • There are 51 court systems in the U.S.:

    • Federal Court System: Deals exclusively with federal laws.

    • State Court Systems: Each state has its own judicial system for handling state laws.

Criminal Cases vs. Civil Cases

  • Criminal Cases: Involve a defendant being accused of violating a law.

    • Prosecution is always conducted by the government.

    • For example:

    • Murder: Typically a state crime; case called State of Georgia vs. Defendant.

    • Counterfeiting: A federal crime; case called United States vs. Defendant.

  • Civil Cases: Involve lawsuits between private parties, where the government is not a party.

    • Common examples include contract disputes.

    • In civil cases, penalties typically do not involve jail time but monetary compensation instead.

Daily Court Shows

  • Popular daytime TV court shows (e.g., Judge Mathis, Judge Judy) are not real courts.

    • Judges may have been real judges, but the court's authority is fictional.

    • Parties are incentivized to appear, often receiving payment for participation, making it more of a television entertainment format.

    • Real trials are generally longer and less dramatic than depicted in these shows.

Jurisdiction

Original and Appellate Jurisdiction

  • Original Jurisdiction: Authority to be the first court to hear a case.

    • Often referred to as trial courts.

    • Involves the examination of facts and a jury trial.

  • Appellate Jurisdiction: Authority to review decisions made by other courts.

    • Focuses on legal procedures used in original jurisdiction, not on facts.

    • A critical concept for ensuring fair trials and justice.

Example of Appeal Process

  • If a conviction occurs in a court of original jurisdiction, the defendant can appeal to an appellate court.

    • Key Point: If acquitted, the government cannot appeal due to double jeopardy protections.

Court Structures

Federal Court System

  • The federal court system is organized as follows:

    1. District Courts (94 total): Federal trial courts handling federal cases.

    2. Circuit Courts of Appeal (13 total): Hear appeals from district courts.

    3. Supreme Court: The highest court, reviews significant legal questions.

Federal Judges

  • Total of 880 judgeships authorized by Congress, divided as follows:

    • 9 Justices on the Supreme Court.

    • 179 Judges on the 13 Circuit Courts.

    • 667 District Judges across the 94 District Courts.

  • Presidents nominate judges who serve lifetime terms pending good behavior, needing Senate confirmation.

Criteria for Judicial Selection by the President

  1. Merit: Candidates must be qualified, often with distinguished legal backgrounds.

  2. Ideology: Presidents generally seek judges aligned with their political positions (liberal or conservative).

  3. Senate Approval: Viability in gaining majority approval in the Senate.

  4. Age: Younger candidates are often preferred for longevity in service.

Supreme Court Composition (as of 2023)

  • Chief Justice: John Roberts (Nominated 2005)

  • Current Justices:

    • Clarence Thomas (1991)

    • Samuel Alito (2006)

    • Sonia Sotomayor (2009)

    • Elena Kagan (2010)

    • Neil Gorsuch (2017)

    • Brett Kavanaugh (2018)

    • Amy Coney Barrett (2020)

    • Katanji Brown Jackson (2022)

Supreme Court Cases

  • Approximately 65% come from the federal court system; 35% originate from state courts.

  • Cases can sometimes transition from state courts to the U.S. Supreme Court if constitutional questions arise.

Example:

  • In cases involving potential violations of constitutional rights, like forced confessions, it becomes feasible to appeal to the Supreme Court.

Supreme Court Decision Process

  • The Supreme Court receives about 8,000 petitions per year but typically hears between 80 to 100 cases.

  • Rule of Four: At least four justices must agree to hear a case.

  • Writ of Certiorari: A formal order to a lower court to send up the case for review.

Oral Arguments

  • Each side presents a 30-minute oral argument before the justices, who may interject with questions.

Opinions within Supreme Court Decisions

  • Majority Opinion: Reflects the view of the majority of justices.

  • Concurring Opinion: Disagreement with the reasoning, but agreement with the outcome.

  • Dissenting Opinion: Represents the views of justices who disagree with the majority decision.

Significance of Precedent

  • Decisions in prior cases (precedent) guide how courts rule on similar issues in the future (stare decisis = “to stand by things decided”).

  • New issues or differing conclusions among circuit courts prompt the Supreme Court to act to unify interpretations of the law across jurisdictions.