the modern courts november 3, 2010. federal and state court systems original- jurisdiction cases...
TRANSCRIPT
The Modern Courts
November 3, 2010
Federal and State Court Systems
Original- Jurisdiction cases
Requests for review
U.S.Supreme Court
80 Cases
State Court ofLast Resort
70,000
State IntermediateAppellate Courts of Appeals
168,000
U.S.DistrictCourts
314,000 Cases
StateTrial
Courts101,000,000 cases
U.S. CourtsOf Appeals
52,000 cases
Two Legal Codes
Civil Code
Contracts—the Court Enforces agreements made between individuals
Torts—the Court provides restitution for injuries
Any private party—or the government—can file a civil suit.
Damages may be required, but no imprisonment can be meted out as the result of a civil suit
Criminal Code
Violations of the Criminal Law
Only Governments can Prosecute under the Criminal Law
If convicted, one can be fined, imprisoned or executed
“The judicial power shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”
- Constitution, Article 3, Section 1
Federal and State Court Systems
Original- Jurisdiction cases
Requests for review
U.S.Supreme Court
80 Cases
State Court ofLast Resort
70,000
State IntermediateAppellate Courts of Appeals
168,000
U.S.DistrictCourts
314,000 Cases
StateTrial
Courts101,000,000 cases
U.S. CourtsOf Appeals
52,000 cases
Appellate Court Boundaries
Double Jeopardy
1. Forbidden by the Constitution. No person may be tried twice for the same crime—if found innocent in the first trial (can be tried again if jury is hung.)
2. But… with dual court system, double jeopardy is possible.
1. Terry Nichols was tried twice for the Oklahoma bombing
A. Initially convicted in federal court, but not given the death penalty.
B. So Oklahoma tried him again in state courts (but failed to get jury to award death penalty).
Strategic court selection
Federal or state court often chosen for strategic purposes.
1. Gore selects Florida state courts when he files his lawsuit, even though he is claiming a denial of his civil rights because some votes had allegedly not been counted (a charge that could be brought in either state or federal courts). Why? Because he knew he had a majority on the Florida State Supreme Court.
2. Bush filed a counter suit in the federal courts, claiming his civil rights were violated (because re-counting was allegedly not uniform throughout the state).
3. Both lost their suits, Bush at the appeals court level (with S. C. not reviewing), Gore because S. C. twice reviewed Florida Supreme Court decisions.
Senatorial courtesy
Judicial Politics
Widespread in State courts
1. Justices appointed by governor or elected, and contributions to political parties important for securing judicial appointments in most states.
2. In 37 states, some judges are either elected or the voters have the opportunity to remove them from office.
Campaign Ads…
______________________________Republican Presidents
________________________Democratic Presidents
John Parker 1930 Hoover Anti-labor
Abraham Fortas 1968 Johnson Too liberal; alleged financial abuses
Homer Thornberry 1968 Johnson No vacancy when Fortas not confirmed for chief justice
Clement Haynsworth 1970 Nixon Alleged financial abuses
Harold Carswell 1970 Nixon Racially conservative
Robert Bork 1987 Reagan Too conservative
Douglas Ginsberg 1987 Reagan Smoked marijuana
Harriet Miers 2005 GW Bush Lack of experience/record
Presidential Nominees to Supreme Court Not Confirmed by the Senate, 1900-1997
“Borking”
“stealth candidate”
Stare Decisis
Writ of Certiorari (cert.)
“The Supreme Court is not, and never has
been, primarily concerned with the correction
of errors in lower court decisions….To remain effective
the Supreme Court must continue to decide only those
cases which present questions whose resolution will
have immediate importance far beyond the particular
facts and parties involved.”
Factions on Supreme Court Today
Judicial Activists
Restorationists
Judicial Restraint (Stare Decisis)
Statutory interpretation
“The judiciary will always be the least dangerous to the
political rights of the Constitution. The executive
dispenses honors and holds the sword of the community;
the legislature commands the purse and prescribes the
rules of the community. But the judiciary has no influence
over either sword or purse. It depends on the executive for
the efficacy of its judgments. It has neither force nor will;
it has only judgment.
-Alexander Hamilton, Federalist Papers
“Justice Marshall has made his decision,
now let him enforce it.”
-Andrew Jackson
“The Constitution and the laws of the United States shall
be the Supreme law of the land, and the judges in every
state shall be bound thereby, any thing in the
Constitution or laws of any state to the contrary
notwithstanding.”
-Constitution, Supremacy Clause