The courts

The Judiciary: Overview of the Courts System

Introduction to Judiciary

  • The judiciary is the third branch of government, responsible for interpreting laws and administering justice through courts.

  • Understanding distinctions:

    • Federal law vs. State law

    • Criminal cases vs Civil cases

Federal Law vs State Law

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

  • State Law: Laws established by individual state governments.

  • Court Systems:

    • Federal Courts: Handle cases involving federal laws.

    • There are federal courts specific to legal issues under national law, constituting the federal court system.

    • State Courts: Handle issues under state law, with each state having its own court system.

  • Total Court Systems: 51 in total (1 federal and 50 states).

Criminal Cases vs Civil Cases

  • Criminal Cases:

    • Involves a defendant accused of violating a law that defines a crime.

    • Involves government prosecution against the accused.

    • Example:

      • State of Georgia vs. Michael Mitchell for murder (state law).

      • United States vs. Michael Mitchell for counterfeiting money (federal law).

  • Civil Cases:

    • Involve lawsuits between private entities, not involving criminal prosecution.

    • Example: A contract dispute such as hiring someone to fix a roof.

  • Penalties:

    • Criminal penalties can include jail time.

    • Civil penalties often involve financial compensation to the winner of the lawsuit.

Distinction of Courts Based on Jurisdiction

  • Original Jurisdiction:

    • The power to be the first court to hear a case (trial courts).

    • Functionality includes the presence of a jury and witnesses to determine facts.

    • Example: Jury trial determining guilt or innocence in a murder case.

  • Appellate Jurisdiction:

    • Courts that have the authority to review decisions of lower courts and examine procedural fairness.

    • Example: Reviewing if proper procedures were followed in a trial court.

    • Courts do not hear new evidence or witness testimonies.

  • Double Jeopardy:

    • A constitutional protection against being tried again for the same crime after acquittal.

Structure of Court Systems

Federal Court System

  • Levels:

    • District Courts (Trial Courts): 94 federal district courts across the nation.

    • Handle federal criminal and civil cases.

    • Circuit Courts of Appeal: 13 appellate courts reviewing district court decisions.

    • Supreme Court: Highest court that oversees federal law.

  • Judges: Minimum of 880 federal judges authorized by Congress, with vacancies often arising due to retirement or death.

Process of Court Case Handling

  • If a case starts in a federal district court, it can be appealed to the appropriate circuit court depending on the geographical location.

  • Each state’s district courts have so-called Northern, Southern, etc. divisions depending on locale.

Appointment and Selection of Judges

  • Appointments:

    • Federal judges nominated by the President and confirmed by the Senate.

    • Judges serve under the principle of good behavior (lifetime appointments).

  • Criteria for Selection:

    • Merit: Judicial qualifications and legal background.

    • Ideology: Political beliefs aligning with the president's preferences.

    • Senate Confirmation: The likelihood of confirmation by a majority in the Senate.

    • Age Consideration: Younger nominees are often favored for longer tenure.

Supreme Court

  • Current Justices:

    • Chief Justice John Roberts (nominated by George W. Bush), with eight associate justices including Clarence Thomas, Sonia Sotomayor, and Ketanji Brown Jackson.

  • Case Origins:

    • 65% of cases arise from federal courts, 35% from state systems.

    • Jumping to Federal Court: Cases can appeal based on federal constitutional questions.

Supreme Court Case Acceptance Process

  • Petitioning the Court:

    • Approximately 8,000 petitions are submitted annually, with only 80 to 100 selected for hearing.

  • Rule of Four:

    • At least four justices must agree to hear a case for it to proceed.

  • Writ of Certiorari: Document issued to take a case before the Supreme Court.

Procedure of Oral Argument

  • Presenting Cases:

    • Lawyers present their arguments; each side is allotted thirty minutes.

    • Justices may interrupt and ask questions throughout the presentation.

Legal Concepts and Functions in Decisions

  • Precedent:

    • Previous court decisions guide current case outcomes.

  • Stare Decisis:

    • Doctrine that requires courts to follow precedents established in earlier cases.

Decision Making Process in the Supreme Court

  • Justices convene in conferences to discuss cases and vote on decisions.

  • Majority Opinion: The official ruling supported by a majority of justices.

  • Concurring Opinion: Agrees with the outcome but differs in reasoning.

  • Dissenting Opinion: Disagrees with the majority view and outlines opposing reasoning.

Abortion as Case Example

  • Roe v. Wade (1973): Supreme Court ruled 7-2 in favor of a woman’s right to abort under constitutional protections.

    • Showcases the court's interpretation of constitutional rights over decades.

Each of these sections provides a comprehensive framework from which to understand the complex structure, function, and nuances of the judiciary system within the United States, encompassing the federal and state divisions, judicial proceedings, and associated philosophies.