On Becoming a Justice, and Judging Judges…

1. On Becoming a Justice, and Judging Judges… • http://www.youtube.com/watch?v=Tme4DEwGL3U • http://www.youtube.com/watch?v=rJyPUaVmX8Q&feature=related

2. Moving Through the Federal Courts AP Government and Politics Wilson: Chapter 14 Homework: Read Wilson, Chapter 14 (422-432) Read Woll, Chapter 3, “Roe vs. Wade” (158-168) and “Constitutional Liberty/the Right to an Abortion” (412-416)

3. Structure of the Judicial Branch

4. The Original District and Circuits • Created by the Judiciary Act of 1789 • 6 SC Justices • 13 Districts • 3 Circuits • “Riding the Circuit”

5. How do cases get to federal court? • The federal courts only have jurisdiction over certain subjects, or only when certain parties are involved in the case • Congress has enlarged and diminished this jurisdiction over time • Treaties, federal law, the Constitution • Federal officers, foreign diplomats, or states • Original vs. Appellate jurisdiction • State courts hear cases related to state laws; federal courts hear cases related to federal laws • Exclusive vs. Concurrent jurisdiction • Certain situations may present the ability to be heard in either state or federal court. • Typically, the prosecutors will consider the jurisdiction with harshest penalty, or more likely victory.

6. How do cases get to the Supreme Court? • Usually begin in federal district court. • Could be decision appealed from a state court, or could be an original jurisdiction case • If appealed from state court, a Constitutional or federal issue must be involved. • District courts are the trial courts of the federal court system. • Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters. • Every day hundreds of people across the nation are selected for jury duty and help decide some of these cases. • There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico. • Each district includes a United States bankruptcy court as a unit of the district court.

7. PA has 3 of the 94 federal judicial districts • Each district can have a different number of justices and magistrates. • The western district of PA has 19 total justices… • 13 district justices and 6 magistrates • There are 13 district justices, and 6 district magistrates • Both can hear “non-prisoner civil cases” • The justices hear death penalty, bankruptcy and other specific, more important matters • Magistrates hear prisoner civil cases, and non-death penalty cases

8. Step 2: Circuit Courts of Appeal • Most federal district court opinions are the final word in the cases…. • But…if a side feels that the decision was incorrect, or feels it did not receive a fair hearing, it may appeal the case to the next level of the federal judiciary • Courts of Appeal • Created as a separate level, with their own justices, in the late 1800s • The 94 judicial districts are organized into 12 regional circuits, each of which has a United States court of appeals. • A court of appeals hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies. • If a party loses in Circuit court, they may appeal their case to the Supreme Court

9. There are 23 circuit court judges in the 3rd circuit court of appeals • Typically, a panel of judges will hear appeals and make their decision.

10. The US Court System – Legislative and Constitutional (judicial) courts

11. Appealing to the Supreme Court • If a party loses in Circuit court, they may appeal their case to the Supreme Court • Most cases reach the Supreme Court on appeal from the Circuit Courts • How many justices does it take to decide to hear a case? • Why is this number unusual? • If the justices decide to hear a case, they will issue a “writ of certiorari” • Out of the thousands of petitions for certiorari that are submitted every year, roughly 10% are granted. • How does the court “decide to decide”? • What criteria would you use?