ap federal courts
TRANSCRIPT
The Federal courts
AP UNIT 5
Purpose of the Judiciary
Courts settle disputes between two sides according to law, not biased
Interpret what the law means in context of the Constitution and applies accordingly to various situations
Types of Cases
criminal case - gov’t charges an individual with the breaking of a state or federal law Punishment: imprisonment, fines
civil case - dispute between two individuals or an individual and a company over damages or injuries received Punishment: fines/compensation for damages
Main Participants
1.) LITIGANTS A case must be brought before court by
two parties: plaintiff - party that brings the case to court
(accuser) defendant - party being brought to court
(accused)
Must have standing to sue - have serious stake in case and prove that danger or injury is involved
Litigants can be individuals or groups (ex: class action lawsuits)
2.) ATTORNEYS The lawyers and various legal
counsel for both sides of a judicial dispute
Guaranteed to all individuals by the 6th Amendment for their defense
3.) INTEREST GROUPS Often turn to the courts to make
policy when unsuccessful with other gov’t institutions
File amicus curiae briefs - “friend of the court”; arguments to try to influence a court to rule in the group’s favor
Jurisdiction
jurisdiction - the authority of a court to hear a case
TWO TYPES: original jurisdiction - authority to hear a
case first (and hear the facts of a case) Ex: trial courts, district courts (fed. level)
appellate jurisdiction - authority to hear a case brought up from a lower court ONLY (decides on legal issues from lower court decisions) Ex: courts of appeals
Structure of the Federal Court System
LEVEL I: DISTRICT COURTS 94 district courts (at least 1 in each
state + D.C. and territories); 2-28 judges per district
Have original jurisdiction on federal level and hold trials
Most federal cases start and end here
What Types of Cases Go to Fed. District Courts?
MOST of all cases in judicial system are heard on state court levels
Federal cases involve: Federal crimes Civil suits involving federal law State vs. state, resident of one state vs.
another, ambassadors vs. foreign gov’ts Maritime law (laws at sea) Naturalization Bankruptcy Some executive agency cases
LEVEL II: COURTS OF APPEALS 12 appeals courts + U.S. Court of
Appeals for the Federal Circuit Have appellate jurisdiction only (no
trials) --> decide if district courts made a judicial mistake in ruling
has panel of 3 judges for a case
Judicial Circuits
Federal court system divided across country into 12 judicial circuits
Each circuit contains several district courts and one court of appeals
U.S. Judicial Circuits
LEVEL III: U.S. SUPREME COURT Only court created specifically by
Constitution Highest court in the U.S. Has both original and appellate
jurisdiction (most cases appealed) Made up of 9 justices (8 associate
justices + chief justice) Hear only a select few cases a year out of
total appealed
Judicial Qualifications
Constitution is vague about judicial qualifications
Federal judges and justices serve for life “during good behavior”
Can be impeached, convicted, and removed by Congress
Judicial Selection
The President appoints federal judges and justices with advice and consent of Senate (appointees screened by FBI, DOJ, and White House)
senatorial courtesy - President checks with his party’s senators from the state a judicial nominee is from/will serve in before officially nominating them
Senate has more influence over district and appeals court nominees because they serve in particular states Less influence over Supreme Court nominees
(who serve country as a whole)
Senate confirmation debates often subject to intense arguments over nominees’ political ideologies, qualifications, etc.
The President and the Supreme Court
Above all, nominating SC justices is a very important legacy for a president to leave
Presidents generally nominate candidates whose political ideologies are similar to their own (and so will uphold their viewpoints/policies)
Backgrounds of Judges and Justices
have had experience as attorneys, judges, clerks, etc. in federal courts
some have held elective office or had prior political experience
have demonstrated political stances by their decisions/opinions on prior cases
SC: tend to be older, upper-middle to upper class, Protestant, white, male (only 4 women have ever served on SC)
Chief Justice John Roberts
Education: Harvard Law
Appointed by: George W. Bush
Time on Court: 10 years
Conservative
Antonin Scalia
Education: Georgetown, Harvard Law
Appointed by: Ronald Reagan
Time on Court: 29 years
Conservative
Anthony Kennedy
Education: Stanford, Harvard Law
Appointed by: Ronald Reagan
Time on Court: 27.5 years
“swing” vote
Clarence Thomas
Education: Yale Law
Appointed by: George H.W. Bush
Time on Court: 24 years
Conservative
Ruth Bader Ginsburg
Education: Cornell, Harvard Law
Appointed by: Bill Clinton
Time on Court: 22 years
Liberal
Stephen Breyer
Education: Stanford, Harvard Law
Appointed by: Bill Clinton
Time on Court: 21 years
Liberal
Samuel Alito
Education: Princeton, Yale Law
Appointed by: George W. Bush
Time on Court: 9.5 years
Conservative
Sonia Sotomayor
Education: Princeton, Yale Law
Appointed by: Barack Obama
Time on Court: 6 years
Liberal
Elena Kagan
Education: Princeton, Harvard Law
Appointed by: Barack Obama
Time on Court: 4.5 years
Liberal
How a Case Goes Through the Supreme Court
Out of 8,000 potential cases a year, the SC only hears about 80
1.) Justices look over possible cases filtered by clerks- Rule of Four - if four justices agree to hear a case, it is put on the docket (list of cases the Court will hear) -Influences: amicus curiae briefs, solicitor general
What Kinds of Cases?
SC generally favors cases involving a question on interpreting the Constitution, civil liberties, or disputes in federal courts
Generally avoid overly controversial/ “hot button” issues and political questions (conflicts between Congress and president)
2.) All chosen cases are put on the docket3.) SC issues writ of certiorari - order for a
case to be brought up from a lower court (if case has been appealed)
4.) Each litigant submits a brief (a written summary of their side of the case); amicus curiae briefs also filed
5.) Oral arguments - each side gets 30 minutes to argue case before the SC
6.) Justices conference to discuss the cases heard and to assign opinions
7.) Justices write opinions -statements that give the legal reasoning behind the Court’s decision
THREE TYPES OF OPINIONS: Majority opinion - the official ruling of the
SC containing a majority of the justices Dissenting opinion - written by justices
who disagree with the majority opinion Concurring opinion - written by justices
who agree with the majority opinion, but for different reasons
SC decisions set precedents - guidelines for how all similar cases will be decided in the future Lower courts are to follow the SC’s
example stare decisis - “let the decision
stand”; the SC uses a past case decision to decide a current case
The Supreme Court and the Constitution
Two theories on interpreting the Constitution: Original intent - justices interpret the
Constitution or a law the way the Framers intended it to be interpreted
Original meaning - justices interpret the Constitution or a law the way people at the time it was created would have interpreted it
The Court and Policymaking
The SC has no executive power to enforce its decisions must rely on other parts of gov’t to
implement them (law enforcement, executive agencies, Congress, etc.)
judicial implementation - translating a court decision into a working public policy
The Supreme Court and Congress
judicial review - the power of the courts to declare a Congressional laws (statute) or executive action unconstitutional (est. Marbury v. Madison)
Congress can draft legislation to clarify existing laws or essentially override court decisions
Interpreting the Power of the Supreme Court
SC is aware of public opinion on political issues, but not bound by them
Two contrasting philosophies of SC power: Judicial restraint - justices rule
according to precedent and refrain from bold policymaking decisions (defer to elected officials to do this)
Judicial activism - justices actively overturn precedents and create bold, new precedents and policies in the process (do not defer as much to elected officials)