Judicial BranchJudicial BranchArticle IIIArticle III

Nature of the Judicial SystemNature of the Judicial System

A society of laws is ruled by laws A society of laws is ruled by laws because - Justice is blind, it is the because - Justice is blind, it is the arbitrator between adversaries.arbitrator between adversaries.

2 basic types of cases:2 basic types of cases: Criminal Criminal - violation of specific laws that - violation of specific laws that

will be punished (primarily tried in will be punished (primarily tried in state state courtscourts))

Civil Civil - - disputes between individuals disputes between individuals and/or organizations, in which and/or organizations, in which compensation may be awarded to the compensation may be awarded to the victim (breach of contract, business, victim (breach of contract, business, property, domestic)property, domestic)

Participants in Judicial SystemParticipants in Judicial System LITIGANTSLITIGANTS

““Litigants litigate in litigation.”Litigants litigate in litigation.” PlaintiffPlaintiff- the one charging – filing the law - the one charging – filing the law

suit (individual, corporation, government)suit (individual, corporation, government) Defendant Defendant – the one being charged– the one being charged

Plaintiffs must have standing to sue Have a serious interest in caseHave a serious interest in case

Class action suits: Class action suits: A group who have A group who have similar complaints, band together to similar complaints, band together to represent all similarly situated. represent all similarly situated.

Cases must be “Cases must be “justiciable disputesjusticiable disputes”- able ”- able to be resolved by legal means.to be resolved by legal means.

Most cases decided by Most cases decided by “stare decisis”“stare decisis” "to stand by that which is decided." - precedent rules!"to stand by that which is decided." - precedent rules!

GROUPSGROUPS SIGS seek out strong cases which could SIGS seek out strong cases which could

shape policy – NAACP, ACLU!shape policy – NAACP, ACLU! Directly argue the case for a litigant ORDirectly argue the case for a litigant OR Assist in cases w/ Assist in cases w/ amicusamicus curiaecuriae – “Friend of – “Friend of

the court”- briefsthe court”- briefs What recent amicus curiae brief did Obama file?What recent amicus curiae brief did Obama file?

ATTORNEYSATTORNEYS Difficult to participate inDifficult to participate in the Judicial drama without a lawyer.the Judicial drama without a lawyer. It’s a game of laws that lawyers must It’s a game of laws that lawyers must

interpret!interpret!

Participants in Judicial SystemParticipants in Judicial System

STRUCTURE OF THE FEDERAL JUDICIAL SYSTEM

Created by Article III of Created by Article III of ConstitutionConstitution

Article IIIArticle III sets up “… sets up “…ONEONE Supreme Supreme Court and…such inferior courts as Court and…such inferior courts as the the CongressCongress may … establish.” may … establish.”

Dual court systems in U.S.:Dual court systems in U.S.: Federal courtsFederal courts State courtsState courts

Two Kinds of Federal Courts:Two Kinds of Federal Courts: Constitutional CourtsConstitutional Courts

Those created by Congress pursuant Those created by Congress pursuant to Article III (district courts, courts of to Article III (district courts, courts of appeal)appeal)

Judiciary Act of 1789Judiciary Act of 1789 Special Courts (Legislative Courts)Special Courts (Legislative Courts)

Created for some special purpose:Created for some special purpose: U.S. Tax CourtU.S. Tax Court Court of Military AppealsCourt of Military Appeals Court of ClaimsCourt of Claims Court of International TradeCourt of International Trade

These judges do NOT serve for lifeThese judges do NOT serve for life

JURISDICTION Defined as Defined as authority of a court to hear a authority of a court to hear a

casecase ORIGINALORIGINAL

When the case is being heard for the first timeWhen the case is being heard for the first time Trial CourtTrial Court – – determines facts determines facts (90% end here)(90% end here) State Trial Courts: Superior Court, State Court, State Trial Courts: Superior Court, State Court,

etc.etc. Federal Trial Courts: District CourtsFederal Trial Courts: District Courts

APPELLATEAPPELLATE When the case is being heard on appeal from a When the case is being heard on appeal from a

lower courtlower court Don’t review facts / only legal issues!Don’t review facts / only legal issues! States: ends with state supreme courtStates: ends with state supreme court Federal: U.S. Court of Appeals; Supreme CourtFederal: U.S. Court of Appeals; Supreme Court

FEDERAL JURISDICTION Federal courts have jurisdiction based on:Federal courts have jurisdiction based on:

Subject matter orSubject matter or Parties involvedParties involved

Subject matter jurisdiction:Subject matter jurisdiction: Question of constitutional law (application or Question of constitutional law (application or

interpretation)interpretation) Question of admiralty law (high seas)Question of admiralty law (high seas)

Jurisdiction based on parties involved:Jurisdiction based on parties involved: U.S. or U.S. agency is partyU.S. or U.S. agency is party State is suing another stateState is suing another state Diversity of CitizenshipDiversity of Citizenship: citizen of one state suing a : citizen of one state suing a

citizen of another state (& amount of money involved is citizen of another state (& amount of money involved is more than &50,000)more than &50,000)

OTHER TYPES OF JURISDICTION

EXCLUSIVE JURISDICTION:EXCLUSIVE JURISDICTION: Case that can be heard ONLY in a Case that can be heard ONLY in a

federal courtfederal court For ex., cases on federal crimes For ex., cases on federal crimes

(treason, kidnapping, mail tampering), (treason, kidnapping, mail tampering), patent infringements, etc.patent infringements, etc.

CONCURRENT JURISDICTION:CONCURRENT JURISDICTION: Case that can be heard in EITHER a Case that can be heard in EITHER a

federal court or a state courtfederal court or a state court For ex., most cases involving citizens For ex., most cases involving citizens

from different statesfrom different states

DISTRICT COURTS The federal trial courts; original The federal trial courts; original

jurisdictionjurisdiction ““Constitutional” courts Constitutional” courts

established by Judiciary Act of established by Judiciary Act of 17891789

Handle 80% of federal court casesHandle 80% of federal court cases 94 District Courts in U.S. and its 94 District Courts in U.S. and its

territoriesterritories All states have at least one – All states have at least one –

Florida has three district courts: Florida has three district courts: N, M (Orlando), SN, M (Orlando), S

3% of cases end in a ruling, the rest are plea bargained

Only federal courts that use grand Only federal courts that use grand juries and petit juries – what’s the juries and petit juries – what’s the difference?difference?

Original jurisdiction Original jurisdiction over most federal cases over most federal cases – criminal & civil– criminal & civil Diversity of

citizenship cases ($50,000)

Bankruptcy supervision

Review federal agencies

Maritime law, supervise naturalization of aliens

DISTRICT COURTS

COURTS OF APPEAL ““Gatekeepers”Gatekeepers” for the Supreme for the Supreme

CourtCourt Appellate jurisdiction ONLYAppellate jurisdiction ONLY Focus on correcting errors of Focus on correcting errors of

procedure and law in the lower procedure and law in the lower court (district court)court (district court)

Their decisions can be appealed Their decisions can be appealed only to the Supreme Courtonly to the Supreme Court

11 Courts of Appeal in the states; a 11 Courts of Appeal in the states; a 1212thth court in Washington, D.C. court in Washington, D.C.

Each Circuit has a Supreme Court Each Circuit has a Supreme Court justice assigned to itjustice assigned to it

Judges usually sit in 3 judge panels Judges usually sit in 3 judge panels to decide cases but will sometimes to decide cases but will sometimes sit “en banc” – meaning all judges sit “en banc” – meaning all judges will hear the casewill hear the case

11th Circuit

Covers AL, GA Covers AL, GA and FLand FL

12 Judges in 12 Judges in Eleventh Eleventh CircuitCircuit

Assigned Assigned Supreme Supreme Court Justice Court Justice is Anthony is Anthony KennedyKennedy Appointed in 1988 by Reagan

SUPREME COURTSUPREME COURT

Only court established by the Constitution is the Supreme Court

Number has fluctuated (6-10), but now has 9 justice positions

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JURISDICTION OF SUPREME COURT

Both Original and AppellateBoth Original and Appellate – – Art. III, Sec. 2Art. III, Sec. 2

ORIGINAL:ORIGINAL: (very few (very few instances)instances) U.S. is a partyU.S. is a party Cases affecting ambassadors, Cases affecting ambassadors,

public ministers, consulspublic ministers, consuls Congress Congress CANNOTCANNOT expand on expand on

this grant of original this grant of original jurisdiction in the Constitutionjurisdiction in the Constitution

APPELLATE APPELLATE JURISDICTIONJURISDICTION::

From Federal courts of appeal and From Federal courts of appeal and highest state courtshighest state courts

Approximately 8,000 cases appealed Approximately 8,000 cases appealed to Supreme Ct. / only hear few to Supreme Ct. / only hear few hundred hundred (95% rejection rate)(95% rejection rate)

Most denied because:Most denied because: Majority of justices agree with Majority of justices agree with

lower court decisionlower court decision Case doesn’t involve significant Case doesn’t involve significant

point of lawpoint of law

FEDERAL AND STATE COURT SYSTEMS IN THE U.S.:

Supreme Court NominationsKnowledge Inventory

True or False – A vacancy on the Supreme Court has occurred about once every two years, so a president will probably have at least one appointment during his term.

True or False –The current justices get to vote on who will fill a vacancy.

True or False – The appointment to Chief Justice automatically goes to the senior most justice on the court.

True or False – Supreme Court nominees always have previous judicial experience.

True or False – Justice Sandra Day O’Connor was the first woman to serve on the Supreme Court.

True or False – Justices are obligated to rule according to the ideology of the president who appointed them.

True or False – There was a former president who also served as Chief Justice of the United States.

True or False – The president has final word on whether a nominee will be confirmed.

True or False – Today geographical balance (where a nominee is from) is also important when selecting a nominee.

True or False – YOUYOU meet the Constitutional requirements for a Supreme Court justice.

Supreme Court NominationsKnowledge Inventory

The Independent JudiciaryThe Independent JudiciaryNomination & ConfirmationNomination & Confirmation

of Federal Judgesof Federal Judges Presidential appointment w/ Senate Presidential appointment w/ Senate majoritymajority

vote to confirmvote to confirm Senatorial courtesy - home state senator - home state senator

recommends persons for appointment to recommends persons for appointment to district level courts; also can immediately district level courts; also can immediately VETO a confirmation w/o discussion.VETO a confirmation w/o discussion.

WhyWhy should the judiciary be independent? should the judiciary be independent? One of primary grievances against King One of primary grievances against King

George in the Declaration of Independence:George in the Declaration of Independence: “ “ He has made judges dependent on his He has made judges dependent on his

will alone, for the tenure of their offices, will alone, for the tenure of their offices, and the amount and payment of their and the amount and payment of their salaries.”salaries.”

The Independent JudiciaryThe Independent Judiciary What allows the Judiciary to What allows the Judiciary to

act independent of act independent of presidential and presidential and congressional influence?congressional influence?

Lifetime appointmentsLifetime appointments for all for all federal judges; can enhance a federal judges; can enhance a P’s legacyP’s legacy

Cannot have salary reducedCannot have salary reduced Can only be removed by Can only be removed by

impeachmentimpeachment (7 in US history) (7 in US history) – can be impeached for – can be impeached for “unacceptable” behavior.“unacceptable” behavior.

Supreme Court JusticesSupreme Court Justices Senate has less power over Senate has less power over nominationnomination

of Supreme Court Justicesof Supreme Court Justices Attorney General/Justice Dept. identify Attorney General/Justice Dept. identify

and screen candidatesand screen candidates Judges and especially justices must meet Judges and especially justices must meet

the “litmus test” - ideological purity is the “litmus test” - ideological purity is critical and Divided Gov’t makes it more critical and Divided Gov’t makes it more difficult to select and confirm.difficult to select and confirm.

How could confirmation could go badly?How could confirmation could go badly? If the P has the minority party in SenateIf the P has the minority party in Senate If the P is making nominations near the If the P is making nominations near the

end of his termend of his term If the nominee has issues with ethics If the nominee has issues with ethics

violations – for ex., Clarence Thomas, but violations – for ex., Clarence Thomas, but he obviously survivedhe obviously survived

QUALIFICATIONS OF FEDERAL QUALIFICATIONS OF FEDERAL JUDGESJUDGES

NONO official qualifications required, BUT official qualifications required, BUT All Lawyers; many judgesAll Lawyers; many judges Most are male (only 4 female Justices so Most are male (only 4 female Justices so

far)far) Most are white (only 2 black Justices so Most are white (only 2 black Justices so

far)far) Most are upper middle or upper classMost are upper middle or upper class Most are in 50s or 60s when appointedMost are in 50s or 60s when appointed Most are Party favorites - only 13 of 108 Most are Party favorites - only 13 of 108

SC justices were non partisan selections. SC justices were non partisan selections. 90% are partisan selections.90% are partisan selections.

POLITICAL IDEOLOGY POLITICAL IDEOLOGY is the KEY factoris the KEY factor

Chief JusticeJohn Roberts

Justice Kagan (newest)

Justice Alito

Justice ScaliaJustice Kennedy

Justice Sotomayor

Justice Thomas

Justice Ginsburg

Justice Breyer

The Roberts Court(The Court is referred to by

the name of the Chief Justice)

GETTING TO COURT GETTING TO COURT ““Rule of Four”Rule of Four” applies to selection applies to selection

At least 4 of 9 justices must approve At least 4 of 9 justices must approve selection of caseselection of case

Private weekly conferences - go Private weekly conferences - go through approx. 8,000 cases – select through approx. 8,000 cases – select approx. 100 (Fig. 16.4)approx. 100 (Fig. 16.4)

95% rejection rate95% rejection rate Law clerks play major role in screening Law clerks play major role in screening

cases for discussioncases for discussion Many cases Many cases ““remandedremanded””

Returned to lower court for Returned to lower court for reconsideration (in light of new case reconsideration (in light of new case law)law)

Most cases get to Supreme Most cases get to Supreme Ct. by a Ct. by a WRIT OF WRIT OF CERTIORARICERTIORARI:: Order from the Sup. Ct. to Order from the Sup. Ct. to

lower court to send up the lower court to send up the recordrecord

Either party can petition Either party can petition the Court for “cert”the Court for “cert”

If cert is deniedIf cert is denied, the , the decision decision of lower court standsof lower court stands

Solicitor GeneralSolicitor General represents represents U.S. in all cases before U.S. in all cases before Supreme CourtSupreme Court

Donald B. Verrilli, Jr.

Supreme Court in ActionSupreme Court in Action TERMTERM

11stst Monday in October to early May Monday in October to early May WRITTEN BRIEFSWRITTEN BRIEFS are submitted by are submitted by

each party presenting its legal each party presenting its legal argumentargument

ORAL ARGUMENT:ORAL ARGUMENT: 30 minute limit30 minute limit

White light at 25 minutesWhite light at 25 minutes Red light ends argumentRed light ends argument

AMICUS CURIAE BRIEFS:AMICUS CURIAE BRIEFS: Not a party but have interest in Not a party but have interest in

outcomeoutcome Court must grant permissionCourt must grant permission Ps use them to urge Ct. to change Ps use them to urge Ct. to change

doctrine – Obama / gay marriage!doctrine – Obama / gay marriage!

Next step is Conferences Next step is Conferences on Cases:on Cases: Chief Justice presides & Chief Justice presides &

speaks first; announces speaks first; announces his votehis vote

Then, other justices Then, other justices speak in order of speak in order of seniorityseniority

Decisions:Decisions: Only about 1/3 are Only about 1/3 are

unanimous; most are unanimous; most are divideddivided

OPINIONS If Chief Justice is in majority, C.J.

assigns who will write the opinion Otherwise, assignment is handled by

the Senior Associate Justice on the majority’s side

Need SIX judges to vote – MAJORITY rules. Tie vote retains lower Ct decision.

Most cases settled by stare decisis Based on prevailing rules of law -

precedent

Types of Opinions:Types of Opinions: Majority Opinion:Majority Opinion:

Majority ruling of the CourtMajority ruling of the Court Establish Establish precedents (need 5 votes in precedents (need 5 votes in

agreement)agreement) Concurring Opinion:Concurring Opinion:

A justice(s) will write to add or emphasize a A justice(s) will write to add or emphasize a point not in the majority opinion – “We agree point not in the majority opinion – “We agree and here is why”and here is why”

OR-could stress a “different” constitutional or OR-could stress a “different” constitutional or legal foundation for the opinionlegal foundation for the opinion

Dissenting OpinionDissenting Opinion Disagree with the majority opinionDisagree with the majority opinion Could become a majority opinion in the Could become a majority opinion in the

futurefuture

Judicial Judicial Precedent Lower courts follow decisions of Lower courts follow decisions of

higher courts.higher courts. Supreme Court can overrule its Supreme Court can overrule its

own decisions because times own decisions because times change. (Done over 200 times)change. (Done over 200 times) Brown v. Board of Education Brown v. Board of Education (1954) (1954)

(Integrate)(Integrate) OverruledOverruled

Plessy v. FergusonPlessy v. Ferguson (1898) (1898) (Segregate - separate but equal) (Segregate - separate but equal)

Court HistoryCourt History EARLY COURT – UP UNTIL CIVIL WAREARLY COURT – UP UNTIL CIVIL WAR Developmental issuesDevelopmental issues

Strengthening the power of the federal government

Marbury v. Madison – – judicial review McCulloch v. Maryland – federal

supremacy; implied powers Gibbons v. Ogden – fed. gov’t &

interstate commerce CIVIL WAR UNTIL 1937CIVIL WAR UNTIL 1937 Economic issuesEconomic issues

Court restricts power of fed. gov’t to regulate the economy

Munn v. IllinoisMunn v. Illinois (1877) - set up ICC (1877) - set up ICC

“Nine Old Men” – New Deal court Conservative court – liberal New Deal

programs 1937 “Court-packing plan” – nationwide

outcry

FOCUS OF COURT SINCE 1938 – Personal liberty, social & political equality

Warren Court – 1953-1969 VERY active in shaping public policy Warren appointed by Ike Set liberal precedents in education –

integration; civil liberties – defendants’ rights; re-apportionment – one person, one vote; outlawed school prayer

Conservatives calling for impeachment

Burger Court – 1969-1986 Appointed by Nixon -

wanted a more conservative Court

It was BUT… set precedent w/ Roe v. Wade.

Continued to make liberal decisions on capital punishment, school desegregation (busing), affirmative action

Ordered Nixon to turn over the tapes in U.S. v. Nixon

Rehnquist Court – 1986 –2005 Associate Justice on Burger Court Appointed C.J. by Reagan Limited rather than reversed

rights established by liberal Warren Ct

Strong focus on federalism – constraining federal power over states

Moved away from role of special protector of individual liberties & civil rights for minorities

Impeachment trial of Clinton Bush v. Gore, 2000 Died, 2005; John Roberts

appointed

““A Judge is bound to A Judge is bound to decide each case fairly, decide each case fairly, in accord with the in accord with the relevant facts and relevant facts and applicable law, even applicable law, even when the decision is not when the decision is not the one the home crowd the one the home crowd wants.”wants.”-- William H. Rehnquist,-- William H. Rehnquist, Chief Justice-1986-Chief Justice-1986-20052005

JUDICIAL RESTRAINT v. JUDICIAL ACTIVISM Should the Court simply interpret the

law….or should it make law/policy? Judicial RestraintJudicial Restraint

Judges stick to precedent & play minimal policymaking roles

Court in a “referee” role only Strict constructionist beliefs – look

to original intent of the constitution Judicial ActivismJudicial Activism

Judges set policy with new decisions Court can address needs not met by

the political process

Judicial Decision-MakingJudicial Decision-Making

““The law makes a promise – The law makes a promise – neutrality. neutrality. If the promise If the promise gets broken, the law as we gets broken, the law as we know it ceases to exist. All know it ceases to exist. All that’s left is the dictate of a that’s left is the dictate of a tyrant, or perhaps a mob.”tyrant, or perhaps a mob.”

--Justice Anthony M. Kennedy 1988---Justice Anthony M. Kennedy 1988-PresentPresent41