teen rights & the law ms. stewart basics of us court system prepared by andy austin united...

Teen Rights & the LawMs. Stewart

Basics of US Court System

Prepared by Andy AustinUnited States Magistrate Judge

Three Branches of Government

Three Branches of Government

US Supreme Court - Judicial Branch US Capitol -

Legislative Branch

White House - Executive Branch

Three Branches of Government

Three Branches of Government

United States PresidentBarack ObamaExecutive Branch

United States CongressmanLloyd DoggettLegislative Branch

United States Supreme CourtChief Justice John RobertsJudicial Branch

State vs. Federal Government

Branches of government - Texas

Branches of government - Texas

Governor Rick Perry Executive Branch

Texas Senator Kirk Watson Legislative Branch

Texas Supreme Court Former Chief Justice Wallace JeffersonJudicial Branch

Branches of government

Judicial Branch

Branches of governmentExecutive Branch

Executive branch – federal system

Criminal cases

Executive branch – federal system

Criminal cases

Eric Holder Attorney General of United States

Executive branch – state systemCriminal cases

Executive branch – state systemCriminal cases

Greg AbbottAttorney General of Texas

Rosemary LehmbergTravis County District Attorney

State vs. Federal Court -Austin courts for field trip

State Court

• Courts of general jurisdiction• Can file any civil or criminal charge in state

court unless statute prohibits that• Certain cases can only be filed in state court:

family law cases (divorce, custody); probate cases (wills)

• In Texas, state judges are elected• Organized by county – court held in county seat

Federal Court

• Courts of limited jurisdiction• You can only bring a case in federal court if

there is a statute/law giving you the right to file charges or suit in federal court

• Judges are appointed • Divided into geographic districts - 94 districts

in total

What or who

creates the

federal courts?

Article III, Section 1US Constitution

• “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.”

Article III, Section 1US Constitution

• Federal judges are:– Appointed for life (or until they retire)– Cannot be removed except for bad behavior

(through impeachment proceedings)– Cannot have their compensation (pay) diminished

(lowered) during their time in office

• Why have these rules?

The Federal Courts

U.S. Supreme Court

(9 judges)

12 U.S. Circuit Courts of Appeal

(179 judges)

U.S. Magistrate Courts

(523 judges)

U.S. District Courts (94)

(667 judges)

U.S. Bankruptcy Courts

(352 judges)

Texas State Courts

Texas Supreme Court

(9 judges)14 Regional Courts

of Appeal (80 judges)

County Courts (504 judges)

District Courts (454 judges)

Probate Courts(18 judges)

Texas Court of Criminal Appeals

(9 judges)

Trial courtQuestion: How many judges?

Court of Appeals Question: How many judges/justices?

Western District of Texas trial court divisions

Question: Which division of the Western District of Texas serves Austin?

Question: Which US Court of Appeals serves Texas?

United States Supreme CourtQuestion: How many judges/justices?

United States Supreme CourtQuestion: How many judges/justices?

United States Supreme Courthttp://www.supremecourt.gov/about/biographies.aspx

• Chief Judge John Roberts • Antonin Scalia

• Anthony Kennedy • Clarence Thomas

• Ruth Bader Ginsburg • Stephen Breyer • Samuel Alito

• Sonia Sotomayor • Elena Kagan

Your Supreme Court Justice http://www.supremecourt.gov/about/biographies.aspx

• Name• Where/when born

• Current age• Race/ethnicity, sex

• When appointed and by which president (who is affiliated with which political party)• Years on US Supreme Court so far

• Job history before became justice (generally)• University/college and law school attended

• Interesting other facts (at least five)

US Supreme Court’s (very small) docket

82 cases decided

10,000 cases filed

(2010 term)

Separation of PowersWhat does each branch of government do in relation to our laws?

Separation of PowersWhat does each branch of government do in relation to our laws?

(1) The legislative branch WRITES the law.

Separation of PowersWhat does each branch of government do in relation to our laws?

(1) The legislative branch WRITES the law.

(2) The executive branch ENFORCES the law.

Separation of PowersWhat does each branch of government do in relation to our laws?

(1) The legislative branch WRITES the law.

(2) The executive branch ENFORCES the law.

(3) The judicial branchINTERPRETS the law.

Role of Supreme Court

• Interpret laws adopted by Congress– If a law is not clear, it is left to the Courts to

determine the proper way to apply the law to a particular fact scenario

• Interpret the Constitution– The Supreme Court is the final decision maker

with regard to the meaning of the Constitution

Constitutional interpretation

• How does a court decide what the Constitution means?

• What do you do when you need to figure out what is meant by a particular piece of writing?– Ask the person who wrote it what they meant– Look up the meaning of the words in a dictionary– Try to figure out why the author was writing what

was written– Look at other similar writings to help you

interpret the piece you’re reviewing

Constitutional interpretation

• All of these are models for ways in which judges have interpreted our Constitution– Original meaning

• What did the drafters think the language meant?

– Perfectionist (the “Living Constitution”)• What is the best way to interpret the language to get

the best result for society?

– Pragmatic or minimal interpretation• What is the most limited way to read the language so

that we don’t change a lot of prior decisions?