Understanding the Federal Courts System

2. 15 The Federal Courts

3. Section 1

4. Nature of the Judicial System 15.1 • Participants in the Judicial System In principle, the judicial system provides an arena for two parties to bring their conflict before an impartial arbiter. In theory, justice will emerge when the judge applies the law to the case and determines which party is legally correct. Most cases in our justice system never go to trial because the parties reach a settlement out of court.

5. Civil vs. Criminal • There are two basic types of cases: criminal and civil. In a criminal case, the government is the instigating party, charging the defendant with violating specific laws. His offense may harm an individual or society as a whole, and his punishment may be imprisonment, a fine, or some form of community service. A civil case pertains to statutes or common law, and involves a dispute between two private parties, although the government can be a party to a civil suit. Civil cases cover such matters as contracts, property, divorce, child custody, and damages. Money is usually the objective in civil disputes, and imprisonment isn’t an option because a private party, not the government, is filing suit—although a person can face both criminal and civil suits for the same crime.

6. Participants in the Judicial System Litigants Actual disputes, no hypothetical cases Standing to sue Plaintiff must be an injured party, not someone who spotted an injustice Class action suits Small group to sue on behalf of a larger group Justiciable disputes Solved by legal methods Attorneys Large profession; 1 million attorneys Not only for the rich anymore Only in the case of defence Taxpayers expense Groups Interest groups can bring cases on behalf of groups NCAA, ACLU Amicus curiae briefs “Fried of the court” 15.1

7. 15.1 Linda Brown • Linda Brown was handpicked to be the plaintiff in the famous Brown v. Board of Education case that successfully challenged the constitutionality of school segregation.

8. 15.1 15.1 In which type of case can the defendant receive imprisonment as a punishment? • Criminal • Civil • Class action • All of the above

9. 15.1 15.1 In which type of case can the defendant receive imprisonment as a punishment? • Criminal • Civil • Class action • All of the above

10. Section 2

11. Structure of the Federal Judicial System 15.2 • The Constitution specifies only the Supreme Court, leaving it to congress to establish other federal courts as needed • It’s important to understand the difference between courts with original jurisdiction, which hear cases first and determine the facts, and courts with appellate jurisdiction, which hear cases on appeal from a lower court. Appellate courts review only the legal issues, not the facts of the case. • District Courts • Courts of Appeals • Supreme Court

12. 15.2 FIGURE 15.1: Organization of the federal court system • The federal court system is hierarchical and composed of both constitutional and legislative courts.

13. District Courts Organization and jurisdiction 91, at least one in each state 2-28 judges per court; 675 in total Original jurisdiction only Don’t hear appeals Hold trials and impanel juries One judge per case, occasionally 3 2% of criminal cases; 1% of civil cases Most action takes place in the state courts 309,000 cases in 2010 Federal magistrates Types of cases the district courts hear page 513 15.2

14. Courts of Appeals Distinguishing Feature of the American Legal System Review district court decisions 75% of 55,000 cases come from district courts Review and enforce Independent Regulatory Comission orders 12 circuits, serving at least 2 states 15.2

15. 15.2 FIGURE 15.2: The federal judicial circuits

16. Courts of Appeals 6-28 judges; 179 total 3 judges per case; en banc (all judges) occasionally Majority vote decisions Errors of procedure and law Don’t hear testimony or retry cases Set precedent 15.2

17. Supreme Court Unique responsibilities Resolving conflicts among states Maintaining national supremacy in law Ensuring uniformity in interpretation Composition 8 associate justices; 1 chief justice Not mentioned in the constitution; have had between 6-10 justices Controls its docket 80 cases/year 10,000 appeals/year Appeals must involve a substantial federal question 15.2

18. 15.2 FIGURE 15.3: How cases reach the Supreme Court

19. 15.2 TABLE 15.1: Sources of full opinions in the Supreme Court, 2010-2011 • This table shows the origin of each case that the Supreme Court decided in its 2010-2011 term.

20. 15.2 15.2 How many cases does the Supreme Court hear per year? • 100 • 50 • 80 • 10,000

21. 15.2 15.2 How many cases does the Supreme Court hear per year? • 100 • 50 • 80 • 10,000

22. Section 3

23. Questions • How is the chief justice chosen? • What criteria does a president look for when choosing a justice? • What is Senatorial courtesy? • What are three “Typical” qualities of a Justice?

24. Politics of Judicial Selection 15.3 • Lower Courts • Supreme Court • Serve for life • President leaves a legacy • Can be Impeached • Happened 7 times • Presidential appointed • Senate approves

25. Lower Courts Senatorial courtesy Senate does not confirm nominees who are opposed by the senator of the president’s party from the state in which the district court is located If a nominee suggested by a senator is on the list, the president must choose this person, which in effect makes the Senate both the nominating and approving body. DoJ and FBI background checks Politics of judicial selection Interest groups increasingly active Partisan divide growing 15.3

26. Supreme Court Vacancies infrequent Chief justice vacancy unique Approved by senate Senatorial courtesy not relevant Senate Judiciary Committee Hold hearings grilling candidates on their judicial philosophy and dissects their past Partisan balance in Senate key Filibuster-proof majority is key to confirmation 15.3

27. 15.3 TABLE 15.2: Unsuccessful Supreme Court nominees since 1900

28. 15.3 Elena Kagan Elena Kagan is the junior justice on the Court, having been nominated by President Obama in 2010. As is typical in modern times, she was confirmed by a vote along party lines.

29. 15.3 15.3 How is the chief justice chosen? • Voted on by the other 8 justices • The most senior justice gets the position • Nominated by president, confirmed by Senate • Picked by the Senate Judiciary Committee

30. 15.3 15.3 How is the chief justice chosen? • Voted on by the other 8 justices • The most senior justice gets the position • Nominated by president, confirmed by Senate • Picked by the Senate Judiciary Committee

31. Section 4

32. Backgrounds of Judges and Justices 15.4 • Backgrounds • Criteria for Selection • Competence, ethics, diversity • Background Characteristics and Policymaking • Ideology is the most important criterion

33. Backgrounds Typical background Not a reflection of the demographic diversity White, male, lawyer Diversity v. ideology Older, 50s-60s Protestant Upper-middle class backgrounds Prominent lawyer or judge Not a requirement 15.4

34. 15.4 TABLE 15.3: Supreme Court justices, 2013

35. Swearing in of Sonia Sotomayor 15.4 • Sonia Sotomayor is the first Hispanic American to serve on the Court. As we can see, the backgrounds of federal judges are not representative of Americans.

36. Criteria for Selection Geography location Fading in importance Religion Fading in importance Ideology/partisanship Main criterion 15.4

37. Background Characteristics and Policymaking What presidents expect v. what they get Disappointed ¼ of the time Diversity: More than a symbolic difference? 15.4

38. 15.4 U.S. Supreme Court, 2013

39. 15.4 15.4 What is the main criterion presidents use to select judicial nominees? • State where they are from • Religion • Race • Ideology

40. 15.4 15.4 What is the main criterion presidents use to select judicial nominees? • State where they are from • Religion • Race • Ideology

41. Section 5

42. Courts as Policymakers 15.5 • Accepting Cases • Process of Decision Making • Basis of Decisions • Implementing Court Decisions

43. Accepting Cases First step in process 10,000 appeals per year Justices meet in conference once a week Rule of four Writ of certiorari Type of cases selected Civil liberties Discrepancies in interpretation of a law Solicitor general’s request 15.5

44. 15.5 FIGURE 15.4: Obtaining space on the Supreme Court’s docket

45. Process of Decision Making Oral arguments Briefs Amicus curiae briefs 30 minutes for each side Opinion writing Chief justice assigns opinion, if in majority Explain legal reasoning Concurring opinion Dissenting opinion 15.5

46. 15.5 William Rehnquist

47. 15.5 FIGURE 15.5: Supreme Court’s decision-making process

48. Basis of Decisions Principle of stare decisis Respect for precedent Overturning precedent 15.5

49. Basis of Decisions Why do justices disagree? Ambiguity and vagueness Judicial philosophy Originalism 15.5

50. Video: Thinking Like a Political Scientist 15.5 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg4_Judiciary_v2.html