The courts
General Notes:
courts used to be considered a place where a sovreign governs
cases of civil law involve disputes between groups, organizations, or corporations unlike in criminal cases, losers of civil cases are not jailed or fined. however, they may be requited to pay monetary damages of the winners
in common civil cases, someone or corporation violates a contract or agreement is sued or ordered to pay damages or compensate the plaintiff.
another important form of civil law is administrative law, which involves disputes over jurisdiction, procedures, or authority of administrative agencies.
example: defenders of wildlife, accuses the departments of the enterior commerce of erring as to the geographic region covered by the endangered species act of 1973
precedents and statues determine how a case will be ruled
federal and state statues will often govern which contracts are or are not legally binding, a defendant may argue that because the plaintiff didn’t keep their end of the bargain that whey are not required to uphold theres
precedents are decisions that have been established in previous cases
in criminal cases, the plaintiff is always the government
in civil cases, the plaintiff is usually an individual or entity seeking compensation or remedy for a perceived wrong done by the defendant.
in civil cases, the defendant is found liable.
trial courts usually have 1 judge attached to the decision.
In Appellate courts, there are many different circuits, including a separate circuit that covers intellectual property.
In each circuit there is one Supreme Court justice that advises and ensures coherence in decisions being made.
ways federal courts are limited: judges must wait untill a case is brought to them.
judges must wait untill a case is brought to them
courts are limited with the remedies they can provide.
courts lack enforcement power and must rely on executive or state agenices to ensure compliance
Example: president Andrew jackson declined to enforce Chief Justice John Marshals 1832 order that the state of georgia release two missionaries it had affected on cherokee lands. Marshal asserted that the sate had no right to enter the lands without cherokee consent. Andrew Jackson States “John Marshall Made his decision, now let him enforce it.”
Congress has the power to change both size and jurisdiction of the Supreme Court.
Definitions:
criminal law: cases in which the government charges an individual of a crime, most cases are handled in municipal or state courts.
plaintiff: the individual or organization that brings a complaint to court.
defendant: the one whom a complaint was brought against in a criminal or civil case.
civil law:cases that involve disputes between individuals or organizations, typically resolved in state or federal courts.
court appeals: a court that hears appeals of trial court decisions.
Trial courts: the first level of courts where cases are heard, facts are examined, and initial verdicts or judgments are made.supreme court: the highest court in a particular state or in the united states; this court primarily serves an appellate function.
Plea bargain: an agreement in a criminal case where the defendant pleads guilty to a lesser charge in exchange for a lighter sentence or the dismissal of other charges.
Jurisdiction: the sphere of a courts power and authority.
Appelate courts: error finding, may also demand a certain part of a case be run again, usually is decided by 3 judges.> did they mess up?
Supreme courts: the highest court in the jurisdiction, which primarily reviews cases from lower appellate courts and ensures the uniform interpretation of law across the legal system. has 9 justices.
Class Action lawsuit: a regional action where a group or class of individuals with common interests can file a suit on behalf of everyone affected, typically used in cases involving consumer rights, environmental issues, or employment disputes where individual claims may be too small to warrant separate lawsuits.
Judicial Review: the power of the Supreme Court to claim actions of the legislative or executive branch unconstitutional.
Standing: the right of an individual to pursue a court case
Mootness: a criterion used by courts to screen cases that no longer require resolution.
writ of certiorari: a court process to seek a judge to review a lower court's decision, typically used to bring a case before the Supreme Court for further examination.
Chief Justice: Leader of the court, mostly controls administrative aspects of the court, such as meetings.
Court boundaries, also known as jurisdictions, are drawn based on factors like geography, population, case type, and administrative considerations to efficiently manage caseloads and maintain consistent law enforcement within specific areas.
Key Factors in Defining Court Boundaries:
Geography and Population: Court boundaries are often aligned with geographic regions such as counties, cities, or districts. Larger, more populated areas may have multiple courts to handle the volume of cases, while rural areas may have fewer.
Court Level and Function: Different courts (e.g., trial, appellate, and supreme courts) have varying scopes. Trial courts generally have jurisdiction over cases within specific local areas, while appellate courts and supreme courts cover larger areas, like states or the entire nation.
Federal vs. State Boundaries: In the U.S., federal courts are divided into districts and circuits covering specific regions of the country, with each state assigned to a specific federal appellate circuit. State courts, however, are organized within the state’s own boundaries and often follow county or regional divisions.
Specialized Jurisdictions: Some courts, like family courts or tax courts, are designated for specific types of cases regardless of geography, focusing instead on specialized legal matters.
These boundaries are drawn by legislative or judicial authority and can be adjusted as populations grow or shift, ensuring that courts remain accessible and effectively serve the public.
Trial courts system
94 districts
678
>1 judge presides, aside from cases where there is a panel of 3.
Appellate Courts
11+1+1 Circuits
179 justices
3 panel> en banc
1 supreme court justice per circuit
Supreme Court
when the Supreme Court takes a case:
should be settled by SC by jurisdiction, such as state v state>
Writ of Certiorari: A writ of certiorari is issued by a higher court (often an appellate court or the U.S. Supreme Court) to review the decision of a lower court. It is discretionary, meaning the higher court chooses whether to grant it, and it is typically used in cases of significant legal importance. Here are the main circumstances under which a writ of certiorari may take place:
2 state courts’ last resort
2 circuit courts conflicts
disagreement between the state and circuit
the 9 Supreme Court Justices was an act of Congress in 1869.
Majority opinion: the 5 justices addressing the facts of the case.
Dissenting opinion: the 4 judges who disagreed with the majority's interpretation of the law and provided alternative perspectives on the case.
Court System Expansion
post World War 2
expanded policy questions: such as roe wade, Voting Rights, and affirmative action, have increasingly come before the courts, prompting significant legal debates and rulings that reflect evolving societal values.
expanded standing
how judges get their jobs
President appoints
Senate Confirms the appointment, ensuring that the nominee is qualified and has the support of the majority.
when senate is deciding on a judicialnominee, they hold hearings where senators can question the nominee about their qualifications, judicial philosophy, and past rulings. Including very personal and invasive questions.
The Solicitor General plays a crucial role in this process by representing the federal government in cases before the Supreme Court and providing legal opinions on the implications of judicial nominees.
1. Petition for Certiorari
Submission of a Petition: Most cases reach the Supreme Court through a petition for a writ of certiorari, a formal request for the Court to review a lower court's decision.
Cert Pool: The justices’ law clerks review petitions and summarize them in a cert pool, which the justices use to decide which cases to consider.
2. The Rule of Four
Granting Certiorari: If at least four of the nine justices agree that a case merits review, the Court grants the writ of certiorari.
Selection Criteria: The Court typically accepts cases that:
Involve significant federal or constitutional questions.
Present conflicting rulings in different federal appellate courts or state supreme courts (circuit splits).
Have national importance or potential to set a precedent.
3. Briefing
Submission of Briefs: Both parties submit written briefs outlining their legal arguments. The petitioner (party seeking review) files first, followed by the respondent (opposing party).
Amicus Curiae Briefs: Third parties with an interest in the case can file amicus curiae ("friend of the court") briefs to provide additional perspectives.
4. Oral Arguments
Scheduling: Cases are scheduled for oral argument on specific dates.
Presentation: Lawyers from both sides have a limited time (typically 30 minutes each) to present their case and answer justices' questions.
Public Access: Oral arguments are open to the public and recorded for later release.
5. Conference and Deliberation
Private Conferences: After hearing oral arguments, the justices meet in private conferences to discuss the case and cast preliminary votes.
Chief Justice's Role: If the Chief Justice is in the majority, they assign the task of writing the Court’s opinion. If not, the senior-most justice in the majority assigns it.
6. Drafting Opinions
Majority Opinion: The justice assigned to write the opinion drafts it and circulates it among the justices for feedback and revisions.
Dissenting and Concurring Opinions:
Justices who disagree with the majority may write dissenting opinions.
Justices who agree with the outcome but not the reasoning may write concurring opinions.
7. Issuing the Decision
Final Ruling: The Court's decision is announced publicly and published in written form. It includes the majority opinion, as well as any concurring or dissenting opinions.
Binding Precedent: The decision becomes a binding precedent for lower courts and future cases.