The federal Courts Types of federal courts Trial courts o Trials first to hear o Plea bargains Appellate Courts o Court of appeals o Almost all cases end here Supreme court o Court of last resort o Can be first and last time that something will be head Trial courts Determine what happened Person is given a trial Jury decides guilty non guilty Appellate Courts Marbury vs Madison Group of judges determine if law was properly followed Established Judicial Review Marbury had midnight appointments last minutes Marbury sued under writ of mandamus John Marshall never delivered appointments o Court can order you to hand over document o Plaintiff brings lawsuit Judicial review is not in constitution The U S Legal System Three categories of American Law Criminal Law public prosecution vs criminal defense Civil Law Plaintiff vs Defendant legal injures lawsuits Public Law Administrative law and constitutional law BOR and powers of congress The basis for court decisions Constitution look at for decisions Statutes laws Legal Precedents stare decisis o Prior cases will guide us when there is a similar case o let the decision stand Types of Courts Dual Court state and federal Types of Federal Courts Article Three courts o Must have supreme court o Other courts can be created o Time of office must be in good behavior lifetime o Judges must be paid and congress can t cut salary while in office o More powerful o Says nothing about number of justices Article One courts o Sec eight powers o Congress can create legislative courts o Doesn t have to be lifetime appointment o Salary can be cut o Less independent Articles Three Federal Courts U S district Courts o 94 districts o bottom level o 1 4 in each state based on size Federal Questions 3 court judges o congress deems important and time sensitive o federal election laws voting rights o no jury just judges U S Court of Appeals o 13 circuits o each circuit has certain number of judges o typically head by three judge panel En Banc 9th Circuit o All judges hear case o Goes to supreme court o Questions about constitution law laws made by congress treaties o Based on geography o California o People wanted it to change b c population increased o Would take too long b c president and congress want to keep each other in check U S Supreme Court o Rules over all o Original and appellate jurisdiction o Most cases are appellate o Some cases are just for supreme courts Cases dealing with state boundaries Court Plan Packing o During the Great Depression o Congress was mostly democrats o Wanted to add more seats to supreme court o Add new for member every member over 70 o Did not pass through congress o Would have been 15 people on court o Wanted to strike down the new deal Justices o Currently 9 total 1 chief justice 8 associates o Congress sets the number of justices o FDR was unsuccessful court packing Appointment of Article III Federal Judges Senate can confirm or reject by majority President nominates PR has agenda setting power Judiciary Committee o Handle judicial appointments o Holds hearing and nominee is sworn in o Other people can testify bad good o Senate votes on nominee Senatorial Courtesy o PR consults w senator from state with judicial vacancy o At district court level Interest Groups o American Bar Association Group of lawyers Presidential Success Rates can try to make only certain group of people can get in o Over 90 success on senate votes for lower courts o Controversial nominations are often avoided o Senate can hold up appointment The Current U S Supreme Court John Roberts C J Antonin Scalia Anthony Kennedy 2005 1986 1988 G W Bush Republican Conservative Reagan Reagan Republican Republican Conservative Moderate Clarence Thomas Ruth Bader Ginsburg Stephen Breyer Samuel Alito Sonya Sotomayor Elena Kagan 1991 1993 1994 2006 2009 2010 G H W Bush Republican Conservative Clinton Clinton Democrat Liberal Democrat Liberal G W Bush Obama Republican Democrat Conservative Liberal Obama Demorcrat Liberal Elena Kagan Served as solicitor general under Obama represented PR in front of supreme court The Supreme Court In Action Docket Control USSC controls of cases it reviews Writ of Certiorari o Power court has to take appeals o Order that lower court must provide all records of case o Granted 4 of 9 justices want to hear it o They are willing to take the case o Rule of 4 Judicial Review o Power court has to determine of government action is constitutional Formal Criteria o Case of Controversy real no hypothetical o Standing people bringing case have to be injured financially property rights o Mootness If injury has been resolved there is not problem Roe v Wade Court still took the case Informal Criteria o Conflicting interpretations of the law Constitutionality in different states o Substantial Federal Question Important enough 4 of 9 justices Federal government as a petitioner The solicitor general 10th justice 3rd ranking in terms of authority o 60 of chance when PR o 1 chance when not Supreme Court in Action Continued Party Briefs Amicus Briefs o Each party shares opinions o Friend of the court o State s government corporations interest groups o Can be filed by anyone Oral Arguments Conference o Argues in front of the supreme court for why each side will win o Justices will interrupt with questions o Nine justices will discuss case in separate room o Opinion is written down written opinion Opinion of the court o Each side gets 30 minutes Judicial Restraint o More liberal but not always o Judges interpret constitution for what it is Judicial activism o Judges interpret constitution more broadly o More conservative but not always If judges dies or retires they might release their papers to the court The Supreme Court Decision Making Traditional Legal model judges look into the law plain meaning of legal texts Precedent legislative framers intent law vs constitutional o If intent is not clear you can look at past court cases Balancing Attitudinal Model o Looks at both sides of the issue o A balance of rights Focused on political attitudes Says traditional model is a lie b c they can make things up Judges don t have to run for re election lack accountability Last court that will ever hear the case Only accept about 75 out of 9000 cases Taft was the only person to run for PR Strategic Model Justices bargain to get each to change opinions Should account for what others in government are thinking The Media Rights and Rules Freedom of the Press o 1st amendment