Note: This set of notes focuses on the structure of the courts and their cases rather than on the justices and judges of the courts.

Types of Cases

The Federal Judiciary System consists of a single federal judiciary for the full nation and separate state judiciaries in each state. Most cases are resolved at state level, but since this is notes for AP US Government, we will focus on the national government rather than the states.

Criminal Law is the branch of law that deals with crimes, their prosecution, and punishment. It defines offenses, sets out the procedures for handling criminal cases, and establishes the punishments for those found guilty. In cases of criminal law, the government is the prosecutor and attempts to prove the defendant is guilty. Defendants are entitled to a set of constitutional protections including (but not limited to) the Fifth and Sixth Amendments. State courts and the federal courts have jurisdiction over criminal law.

Civil Law is the branch of law that governs relationships between individuals, such as contracts, property, and family matters. In cases of civil law, anyone can be the plaintiff (accusing violation of rights) and the entity they accuse is the defendant. State courts and the federal courts have jurisdiction over civil law.

Structure of the Judiciary System

The federal court system in the United States consists of three levels:

1. The Supreme Court

2. Courts of Appeals

3. District Courts

The Supreme Court is the highest court, followed by the Courts of Appeals which hear appeals from District Courts. District Courts are the trial courts where cases are initially heard. Original jurisdiction refers to a court's authority to hear a case for the first time. It is where a case is initiated and evidence is presented. Appellate jurisdiction, on the other hand, is the power of a higher court to review decisions and change the outcomes of decisions made by lower courts. District courts most often exercise original jurisdiction and the Supreme Court most often exercises appellate jurisdiction. Courts of Appeals only exercise appellate jurisdiction; cases cannot be heard there for the first time.

The Supreme Court

In exercising appellate jurisdiction, the Supreme Court must first determine:

1. Will we hear the case?

2. If so, we must issue a decision based solely on facts of the case and the law.

In determining which cases to take, the justices of the Supreme Court have adopted a common rule called the rule of four. This is a practice where if at least four of the nine justices agree to hear a case, the court will usually hear it.

Supreme Court decisions set a precedent, meaning their decisions can act as a basis for deciding other similar cases in the future.

The Supreme Court hearing a case typically involves oral arguments presented by attorneys followed by questions from the justices. The justices then deliberate in secret, vote, and issue a written opinion outlining their decision and reasoning. Individual justices may have a majority opinion, a concurring opinion, or a dissenting opinion.

• Majority Opinion: The majority decision and reasoning of a case.

• Concurring Opinion: Agrees with the majority decision but for different reasons.

• Dissenting Opinion: Disagrees with the majority decision.

The Supreme Court may be powerful, but it also has some limits on its power:

• Public opinion and political pressure

• Lack of ability to enforce rulings by itself

• Appointments and confirmations process

Constitutional Interpretation

In deciding cases, justices must interpret the Constitution and laws of the United States. Two theories discuss the way they do this interpretation:

• Judicial Restraint: Judges interpret laws as written, limit their own power, and defer to legislative decisions.

• Judicial Activism: Judges interpret laws creatively, expand rights, and make decisions beyond legislative intent. They should be willing to overturn laws based on unconstitutionality.

Note that these theories are not related to political parties or ideology.

Legislative Courts

US Tax Courts: The U.S. Tax Court is a federal court that hears cases involving federal tax laws. It provides a forum for taxpayers to dispute IRS determinations before paying disputed amounts. The court has judges specialized in tax law and operates independently of the IRS.

US Court of Federal Claims: Allows citizens to file claims for money against the federal government. For example, they could file claims for patents

US Court of Appeals for the Armed Forces: The highest military court in the US, overseeing military justice cases. It reviews decisions from military court-martial and provides legal interpretations of military law.

District Courts of US Territories: District Courts within Guam, Puerto Rico, Virgin Islands, and North Mariana.

US Court of Appeals for Veteran Claims: Reviews decisions on veterans' benefits claims. It has exclusive jurisdiction over appeals from the Board of Veterans' Appeals.

DC Courts: Protect rights and liberties, uphold and interpret law, and resolve disputes fairly and effectively within DC.