Courts
American Institutions: The Courts
The Federal Courts: Overview
Focus on understanding the structure and function of federal courts in the American legal system.
The Legal System: Criminal Law
Definition of Criminal Law: A branch of law regulating individual conduct, defining crimes, and specifying punishments for criminal acts.
Key Points:
The government acts as the plaintiff in criminal cases (e.g., State of Florida v. Casey Anthony).
Range of matters: from minor traffic offenses to serious felonies like murder.
Consequences for defendants: can include fines or incarceration.
Burden of proof: defendants must be proven guilty beyond a reasonable doubt.
The Legal System: Civil Law
Definition of Civil Law: A branch dealing with disputes that do not involve criminal penalties.
Key Points:
Disputes typically among individuals, groups, corporations, or private entities (e.g., American Government Student X v. Professor Quackenbush).
Losers generally face monetary damages but not jail time.
Standard of proof: findings are based on a preponderance of the evidence.
The Legal System: Public Law
Cases that address government power or individual rights are considered public law cases.
Significance: These cases affect society at large, not just the immediate parties involved.
Example: Obergefell v. Hodges addressed same-sex marriage rights, influencing societal law beyond the plaintiffs' wishes.
The Legal System: Precedent
Definition of Precedent: A prior case whose principles judges use to make decisions in current cases.
Doctrine of Stare Decisis: Means "let the decision stand"; courts adhere to precedents to maintain consistency in legal decisions.
Types of Courts
Courts are established federally and by individual states.
Over 97% of all court cases are handled in state courts.
Trial Courts: First courts to hear a case (original jurisdiction).
If a guilty verdict occurs, the defendant can appeal to a higher court (e.g., state court of appeals, then state supreme court).
Notable restriction: the government cannot appeal a "not guilty" verdict.
Types of Courts: Appellate Court
Appellate Court: Handles appeals filed by the appellant (the party appealing).
Key Points:
Appeals can be based on a “prejudicial error,” where legal errors from the trial court must be shown.
Appellate courts do not hear witnesses or accept new evidence.
Operates under appellate jurisdiction.
The Plea Bargain
Definition: A negotiated agreement in a criminal case between prosecutors and defendants.
Mechanism: The defendant pleads guilty in exchange for a reduction in the severity of charges.
Types of Courts: Jurisdiction
Definition of Jurisdiction: The extent of a court's power and authority.
Federal court jurisdiction arises from the U.S. Constitution and federal statutes.
The Federal Courts: Which Cases Are Heard?
Federal courts hear cases involving:
Federal laws or treaties.
The U.S. government as a party.
Civil cases involving diverse citizenship (more than one state) with stakes over $75,000.
Plaintiffs may choose between state and federal court for certain cases.
The Federal Courts: Lower Courts
Original Jurisdiction: Supreme Court's limited authority granted under Article III of the Constitution.
Types of cases with original jurisdiction include:
Cases involving the U.S. vs. individual states.
Cases between multiple states.
Involving foreign ambassadors.
Brought by states against citizens of another state.
The Federal Courts: Trial Courts
Federal Trial Courts: Authorized 678 federal district judges spread across 94 federal district courts.
The busiest courts may have up to 28 judges, but each case typically assigned to a single judge.
Exceptions may require a three-judge panel under specific statutes.
The Federal Courts: Appellate Courts
Federal Appellate Courts: Review roughly 20% of lower-court cases.
Comprise 11 regional circuit courts, the DC circuit, and the U.S. Court of Appeals for the Federal Circuit.
There are 179 court of appeals judges.
Decisions are final unless reviewed by the U.S. Supreme Court.
The Federal Appellate Courts: Circuits
Maps and circuits distinguish jurisdictions of various appellate courts across the U.S. (refer to Figure 12.2).
The Federal Courts: Supreme Court
U.S. Supreme Court: The highest court in the nation, consisting of nine justices.
Authority: Presides over constitutional interpretation and statutory law on both state and federal levels.
The constitution does not stipulate the number of justices; it can be changed by Congress.
Supreme Court Justices, 2019
Table of Justices: Lists names, years of birth, prior experiences, and appointing presidents.
Includes notable justices like Clarence Thomas, Ruth Bader Ginsburg, John Roberts, and more.
The Federal Courts: Appointments
Justice Nomination: Federal judges are nominated by the President and confirmed by the U.S. Senate.
Justice Amy Coney Barrett was appointed to replace Ruth Bader Ginsburg in 2020.
General criteria: legal experience, character, alignment with presidential views.
The Federal Courts, Part 2: Appointment Controversies
Judicial Nominations: Often contested, especially for Supreme Court positions, leading to political strife.
U.S. Supreme Court: Judicial Review
Judicial Review: Significant power allowing courts to declare laws or actions unconstitutional.
Originated from Marbury v. Madison (1803).
The Court has declared fewer than 160 acts of Congress unconstitutional in over two centuries.
Judicial Review: States
Supreme Court's authority to review state laws for constitutionality arises from the supremacy clause.
Striking down laws that violate due process or civil rights has occurred through judicial review.
Most Cases Reach Supreme Court on Appeal
Criteria for Cases:
A legitimate dispute must exist, not hypothetical.
Standing: Must have a stake in the outcome to sue.
Mootness: Dismissals occur for resolved issues.
Most Cases Reach Supreme Court on Appeal, Part 2
Writs of Certiorari: Main way cases reach the Supreme Court.
Cerworthy cases typically involve conflicting opinions among courts or important federal law matters.
Cases Filed in the U.S. Supreme Court
Trends in Filings: Historical figures illustrating the number of cases filed in the Supreme Court from 1938-2017.
Provides insight into legal activity trends and workload over time.
Lobbying for Access
Interest Groups: Employ long-term strategies for legal influence.
Test cases are brought under favorable conditions with an expectation of specific circuit court outcomes.
Aim to establish patterns and inconsistencies to enhance chances for Supreme Court review.
The Supreme Court’s Procedures: Preparation
Case Acceptance: Acceptance triggers a thorough process including briefs from both sides.
Briefs: Documents detailing legal stances filled with precedents, often supported by external entities (amicus curiae).
The Supreme Court’s Procedures: Oral Argument
Oral Argument Session: Attorneys present cases before the Court for half an hour, including responses to justices’ queries.
This stage can greatly impact case outcomes.
The Supreme Court’s Procedures: Conference
Conference Procedure: Following oral arguments, justices privately vote, starting with the chief justice and continuing by seniority.
Decisions often require majority consensus even in divided circumstances.
The Supreme Court’s Procedures: Opinions
Majority Opinion Writing: After a decision, one justice from the majority drafts the opinion, especially assigned by the chief justice.
The opinion circulates among justices for feedback.
The Supreme Court’s Procedures: Dissent
Dissenting Opinions: Justices may express disagreement publicly post-decision, allowing insights into different viewpoints and potential future influences.
Judicial Philosophies
Overview of differing judicial philosophies, primarily focusing on judicial activism vs. judicial restraint.
Explores implications of these philosophies on legal interpretations and court rulings.