Federal and State Court SystemCHAPTER 13

The Judicial System in DemocracyLesson 1

Early Systems of lawLaw – is the set of rules and standards by which a society governs itself. In democratic societies, law resolves conflict between and among individuals.-Earliest known laws are based on tribal societies, Code of Hammurabi-Ten Commandments – ancient Israelites-Roman law – written law – 12 tablets (watch video)-English Common law – Common law was made by judges in the American Colonies

Principles of Democracy in the JudiciaryAccording to our democratic principles, every person should have free and equal opportunity to pursue individual goals and desires.So that one person’s pursuit of happiness does not infringe upon another’s we have agreed upon certain guidelines for our behavior. When there is conflict – the court is the solution

Rule of law – The idea behind the rule of law is that no individual, group, organization or government entity is above the law.*accountability*transparency

Controls on the Abuse of Power –-The judicial branch checks the executive

branch using Judicial review-the executive branch enforces the

decisions of the court-the executive branch, with legislative

approval, appoints judges-the courts can only hear cases that are

brought to them-Courts are prevented from giving

“advisory” opinions

Judicial IndependenceA key element of a democracy is that courts must act impartially.

Local, State, and Federal CourtsLesson 4

The United States has a dual court system of state and federal courts

State Courts derive their power from state constitution and laws

Federal courts derive their power from the Constitution and federal law

Jurisdiction (The authority of a trial court to be the first to hear a case)

State and Local CourtsEach state has its own court system and most of the legal cases in the United States are resolved in state courts. Most state courts have general jurisdiction – courts that are able to hear a wide variety of cases that deal with state or local law, the state constitution, or federal law or the federal constitution

State Trial and Appeals Courts

State courts vary in their general structure but generally have three types of courts:

1. minor courts (family court, tragic court)2. general trial courts (civil or criminal court)3. appeals Courts (hear cases that have been appealed from the lower

courts)

State and Local Judges are selected in four different ways:

1. popular election2. elections by the legislature3. appointment by the governor4. combination of appointment and popular

elections

Federal Judges:1. are appointed by the President and confirmed by the

Senate, they serve for life

Federal Courts

-Federal Courts are considered to be courts of limited jurisdiction –courts that generally hear cases that raise questions about a federal law or the federal Constitution-Federal courts can sometimes decide cases that deal with state law if the parties to the case are from different states and a large amount of money is in questions

Federal Trials and Appeals Courts:-the United States is divided into 94 federal judicial district

court, with a trial court known as a federal district court in each district. These trial courts handle both criminal and civil cases

- Examples of types of courts: Federal Bankruptcy court, tax court, Military court, Tribal Court

-Regional Circuit – the divisions under the United States Federal Courts system, grouped into 12 regional circuits, each of which has a federal court of appeals, also called a United States Circuit court

Chapter 13, lesson 1 & 4Complete guided reading activity - handout

The Supreme Court of the Untied StatesChapter 14

Selecting Cases at the Supreme CourtLesson 1

The Function of the Supreme CourtThe Supreme Court is the highest court in the land.

• The Courts primary function is to resolve disputes that arise over the meaning of federal law and the Untied States Constitution

• Judicial Review

• Less than 1% of the cases appealed to the Supreme Court are heard

How does the Supreme Court decide what cases to hear?

The Supreme Court has both original and appellate jurisdiction.

Article III, Section 2 of the constitution sets the Court’s original jurisdiction:

1. cases involving representatives of foreign government2. Certain cases in which a state is a party

The Courts original jurisdiction can only be changed by a constitutional amendment

Appellate Jurisdiction 1. cases that are appealed from the lower courts of appeal2. cases from federal district courts where an act of

Congress was held unconstitutional3. cases appealed from the highest court of a state if claims

under federal law or the Constitution are involved

Conflicts and Importance: 1. They choose cases where lower courts have decided

the same issue in different ways. The Supreme Court is concerned about ensuring uniformity in decisions about the meaning of the Constitution and the interpretation of federal law

2. They choose cases that raise major questions about the law that will have a national impact – the question that must be answered for the good of the country.Ex. Abortion, death penalty, privacy, health care

Petitions for Certiorari –To appeal, the losing party sends the Court a petition for a writ of certiorari - an order from the Supreme Court to a lower court to send up the records on a case for review

Solicitor General – is the government official representing the government– he can recommend that the justices accept a case

Rule of Four - If four of the nine justices agree the hear the case, then the petition for certiorari is granted

Selecting Supreme Court JusticesLesson 3

What are the Constitutional requirements for becoming a Supreme Court Judge?

1. The person must be nominated by the President2. Confirmed by the Senate

There are 9 supreme court Justices and they serve for life!

The Selection of Supreme Court Justices

The President must consider several factors when appointing a justice. What are some things they take into consideration?

1. Personal integrity2. Professional expertise3. most Presidents what someone who has had experience as a

judge4. Committed to equal justice under the law5. Someone that share their ideology

Constitutional Interpretationslesson4

Interpreting the Constitution

There are two ways to interpret the Constitution:1. Judicial Restraint – the philosophy that courts should generally

avoid overturning laws passed or actions taken by democratically elected bodies like congress or state legislatures.

They believe by overturning such laws causes the Court to become too involved in social and political issues. They believe the Court should uphold acts of Congress unless the acts clearly violate a constitutional provision. In other words, the court should leave policy making to elected officials.

2. Judicial Restraint – the philosophy that courts must sometimes step into political and social controversies in order to protect Constitutional rights. This means that the Court would actively help settle the difficult social and political questions of the day. (Ex. Civil Rights or the New Deal Programs)

General information about the Supreme Court

-The justice must decide how to determine what the text of the Constitution means.

-Stare Decisis – “let the decision stand” – Which means once the Court rules on a case, its decision serves as a precedent or model for future cases

Checks and Balances: The President checks the Supreme court by appointing Supreme

Court justices The Senate checks the Supreme Court by approving or rejecting

the Presidents nominee The people can check the Supreme Court by adopting an

amendment to the Constitution

Lesson 1, 3 & 4 assignment – complete handout