The U.S. Court System

1. The U.S. Court System Chapter 15 Pages 360-385

2. 1)How were the federal courts established?

3. Early days • The Articles of Confederation did not have a “national” court system, instead “justice” was handled at the state level • Caused mass confusion and legal chaos • A major mistake of the Articles • U.S. Constitution created a national court system in Article III

4. Federal Courts Set up

5. District Courts • 1st level of Federal Courts • Trial courts for cases under the laws of the United States • Have original jurisdiction, meaning they hear cases before they have been heard by any other court

6. Court of Appeals • Hear appeals from the district courts rulings • Created to lessen the cases going to the Supreme Court • 12 Judicial Circuits to serve the nation • 11 districts in the nation and 1 district for Washington, D.C. • 3 judge bench who decide the cases • Defense or prosecution can appeal a case • Reasons for appeals • Improper courtroom procedure • Incorrect application of the law • Acts of Congress being declared unconstitutional go directly to the Supreme Court

7. 12 Districts in the United States

8. Supreme Court • Face of the Judiciary Branch • 9 judges • Chief Justice (leader) and 8 Associate Justices • Chief Justice runs the meetings and is in charge • Chief Justice is still only 1 out of 9 votes. • Supreme Court judges are appointed by the President and confirmed by the Senate • Justices hold position for life • The leave by: • Retirement/Resignation • Death • Impeachment for wrong doing

9. Jurisdiction of the Supreme Court • 2 areas of Original Jurisdiction • Cases involving 2 or more states • Cases involving Ambassadors/public ministers • Other cases had to be appealed after a lower court had made a decision • 5000 cases appealed each year • Supreme Court only hears about 200 of the cases • If the Supreme Court refuses to hear case previous ruling stands

10. How does the Supreme Court work? • Court hears cases from October to June • Each side presents “Briefs” (written and oral arguments that explain their point) • Justices study the case and discuss it with each other privately • Once finished, they vote (done on Fridays) • 6 Judges have to be present, with at least 4 judges agreeing one way or another before a decision is made

11. Supreme Court Decisions Majority Decision Minority Decision • The opinion that the majority of the judges agree to • This is the final decision • They will write out an explanation of their decision • Opinion of the judge(s) that do not agree with the final decision • They can explain why they disagree, but it will not change the decision

13. Other Federal Courts • Territorial Courts • District courts for all of the U.S. territories • Courts of the District of Columbia • District level courts that only deal with the District of Columbia (remember there are no state courts) • Court of Military Appeals • Court of civilians who hear all appeals from military court decisions • Tax Court • Highest level of appeals for tax cases or disagreements with the IRS • Claims Court • Hears all lawsuits against the United States • People can only sue the United States in certain situations

14. 2) How does the system of state courts operate?

15. 3 ways state courts make decisions • Statutory Laws • Laws that are written by the government (state and local) and are basis of most decisions • Common Law • Unwritten laws that have become accepted in society that from time to time are used. • Becoming hard to find • Only Louisiana requires that all legal decisions be Statutory Law • Equity • When Statutory or Common law have no bearing, then equity is used • Goal is to use fairness and justice to prevent injury or wrong doing • Situations where an action is being requested or an attempt to stop an action • Accomplished by an “injunction” or a court order to protect or stop an action

16. Minor State Courts • Justice of the peace courts • Deal with minor cases. • Traffic court, personal disputes, disorderly conduct, etc. • Small Claims courts • Deal with disputes between people over small amounts of money • Fast and cheap resolutions • Juvenile courts • Courts for people under 18 • Goal of court is to correct behavior before becomes a career criminal or commit a serious crime • No juries • Limited rulings available • Dismiss, Suspend, probation, fines, or detention center • Domestic Relations/Family Court • Deal with family disputes • Try to keep families together by dealing with problems causing the dispute

17. Municipal Courts • Level above minor courts • Types of courts • Probate Court • Deal with cases involving a dead person’s estate • Civil Court • Deals with civil suits between two or more • Misdemeanor Court • Deals with minor criminal offenses

18. General Trial Courts • Next level of state courts • Majority of all cases are heard here and can be a case of original or appellate jurisdiction

19. Highest state courts State Appeals Court State Supreme Courts • Only about half of the states have these courts • Hear appeal cases that deal with trial procedures • Lessen the load of the State Supreme Court • Highest court at the state level • Final interpreter of state’s laws and state constitution • Final state level of appeals • Only the U.S. Supreme Court can overturn a state Supreme Court

20. 3) When does a court have the right to hear a case?

21. Jurisdiction • Jurisdiction is the term used to describe what type of cases a court can hear.

22. Types of Jurisdiction Exclusive Jurisdiction Concurrent Jurisdiction • Means that this court, and only this court can hear a specific type of case. • Tax Court • Family Court • Cases can be heard by both the federal and the state courts. • Plaintiff usually chooses the court. • A lawsuit involving both state and federal laws could be heard by both.

23. Types of Jurisdiction Original Jurisdiction Appellate Jurisdiction • Courts that have the right to hear cases de novo, meaning for the first time. • General Trial court will hear criminal cases first, before they can be appealed. • Courts that hear cases that appeal decisions made at a lower level court. • Cases where the law was not properly applied or the process was not carried out the way it should be.

24. Differences State Jurisdiction Federal Jurisdiction • States hear a majority of cases • Hear all cases that deal with state, city, and local laws • Hear all cases that deal with disputes between people that live in that state • Cases dealing with • Constitution • Federal law • U.S. Treaties • Admiralty and maritime jurisdiction • Controversies involving • U.S. as a party • 2 or more states • State and citizen of another state • Citizens of different states • States and foreign country • Ambassadors and public ministers

25. Civil Cases • Cases that center on disputes between 2 or more people • Generally about property (including money) and personal rights • Courts are not trying to take sides, instead fairly settle the issue in a legal setting • Both sides have attorneys and full access to a jury if wanted

26. Criminal Cases • Cases in which an individual or group has been accused of breaking a law. • Two types of crimes • Misdemeanors-minor offenses punishable by small fines and/or imprisonment up to a year • Petty theft, assault • Felonies-serious enough to warrant heavy fines, long prison terms, or the death penalty • Grand Theft, Murder

27. 4) How are judges selected and what do they do?

28. Election vs. Appointment Election Issues Appointment issues • The voters do not really know the candidate, which generally allows for the judge that is better at campaigning to win. This does not mean that the better judge won. • Allows for judges to be put in a position for many political and personal reasons. Many times it is not about the best judge for the job.

29. Which is used when? State Level Federal Level • Most positions are elected by the people, especially at the local level. • Some state judges, like the state supreme court justices, are appointed by the governor. • All federal judges are appointed by the President and confirmed by the Senate. • There are not any qualifications to be a federal judge, so this creates a lot of questions about what makes a good judge.

30. General Info Terms of Office Salaries • Federal judges are appointed for life. • Keeps judges from worrying about popularity or running for re-election. They can focus on their jobs. • State judges serve for varied terms. • Ranging from 6 years to sometimes life. • Judges salaries vary depending on the level and position. • Salaries must be high enough to attract quality people. • Federal judges can retire at 65 after serving at least 15 years. • They get full benefits/retirement.

31. Judge’s Job • Ruling on points of law • Determining whether evidence should be admitted • Conducting the complex mechanism of a trail • Studying legal briefs • Balancing the rights and needs of society against those of a defendant • Setting a reasonable sentence • Choosing between conflicting precedents • Giving clear and proper instructions to the jury • Maintaining a calm and dignified manner no matter what happens in the courtroom • Someone is always going to be unhappy with a judges decision

32. 5) What Happens when a case goes to trial?

33. Civil Trials • Plaintiff files a suit in court • Defendant(s) notified • Both sides build case • Witnesses requested and Subpoenas issued • Trial date set • Court calendar (docket) is based on importance of each case and how heavy load the court has. • Many cases go very long causing people to settle out of court because lawyer fees become too expensive

34. Civil Trial • Jury is selected (if requested) • Jurors are randomly chosen from the jury duty pool. • Each side can eliminate jurors that could be biased • A limited number of jurors can be dismissed without any explanation. • This would be a lawyers “gut” feeling that the person would not be a good juror.

35. Civil Trial • Conducting the trial • Opening Statements • Each side is allowed to make a prepared statement to the jury about their case • Each side presents their case • Each side calls witnesses and makes their case • Closing Statements • Each side wraps up what they tried to prove with a prepared statement

36. Civil Trial • Reaching a verdict • Jury is given a set of instructions (a charge) of what they are going to decide. • Jury meets in private where they try to make a decision. • One of the jurors is the foreman (leader) who calls for discussion and votes. • Once the jury has made a decision they go back to the courtroom, if they cannot make a decision it is a hung jury and a mistrial is declared.

37. Civil Trial • Establishing Judgment • The judge has final say and can agree with the findings of the jury or reduce any awards viewed as excessive • Judge also sets up how it is going to be paid • All of this can be done by the judge if both sides waive the right to a jury trial.

38. Criminal Trial • A suspect is apprehended • An arrest warrant is necessary, unless the person is caught in the act. • Indictment of the accused • Prior to the actual trial a preliminary hearing is held to make sure there is enough evidence for this case to go to trial. • Judge then sets bail for the accused. • A grand jury hears the evidence and the prosecuting attorney’s case, if they agree the case is put on the docket and the trial is ready to begin.

39. Criminal Trial • Conducting the Trial • Defendant enters a plea during the arraignment • If guilty, then the judge will quickly hand down a sentence. • If innocent, then judge will schedule trial date • Lawyers file motions and organize for trial • Pre-trial motions are like a chess match, where each lawyer is trying to set up the ideal situation for their case. • A plea bargain attempt will be made to end the case

40. Criminal Trial • Jury is selected • Both lawyers are involved in this process. • Opening statements by defense and prosecution • Both sides state what they are going to prove. • State presents it case • Evidence is presented. • Witnesses are questioned. • Both sides question each witness

41. Criminal Trial • Defense makes their case • Present evidence • Questions witness • Both sides make closing statements to summarize their case. • Judge instructs a jury on possible rulings they can make. • Jury leaves and makes a decision of guilt or innocence.

42. Criminal Trial • Sentencing • If found innocent, the person is freed immediately. • If found guilty (which requires a 12-0 vote of the jury), the person is sentenced. • A judge can sentence the person or a separate hearing is held or the jury can recommend the sentence. • This varies from state to state.

43. 6) How well does the U.S. jury system work?

44. Types of Juries Grand Jury Petit Jury (Trial Jury) • Decide if enough of a case to go to trial, not deciding guilt. • Study evidence, hear key witnesses, and question officials. • Works daily and will hear many cases over a month “term.” • Depending on state, may be 6-23 jurors. • Normally 12 jurors, but some states have as few as 6 jurors. • Listen to entire case and decide a verdict • Unbiased in decision • Get paid daily to cover expenses. • Most full time jobs will still pay their employees. • Illegal to fire an employee for jury duty

45. Faults in the system Peers not really peers Compromised verdicts • People not registered to vote are not in the pool. • Self-employed, lawyers, and stay home mothers exempt. • Lawyers get rid of opinionated/strong will people • People “get out” of jury duty • Juries can be overloaded with senior citizens or ethnic majority of the area • People bring own values, beliefs, and opinions to the court. • They use this and what they see on TV, instead of focusing on just what is presented. • Some fear jurors rush decisions to get home and end their “jury duty.”

46. Proposals for Jury Reforms • Reduce jury size to reduce “possible” influences on the verdict. • Change unanimous verdicts to majority decisions. • Use “professional” juries made up of retired lawyers and judges.

47. 7) What powers do the nation’s court exercise?

48. Powers Judicial Review Habeas Corpus • Power of the court to “review” any action made by the executive and legislative branches. • Local, State, and Federal Level • Laws, executive orders, etc. • Decide if the action goes against the Constitution and should be undone. • Power of the courts to force police officials to show cause as to why a person is being held in custody. • If cannot do so, the prisoner must be freed.

49. Powers Injunctions Writs of Mandamus • Legal action that • Forbids a certain action or • Orders a particular action be taken • Used mostly in Civil cases • Power of the courts to force a government official to do a certain part of their job that they are not doing. • Like desegregating a school

50. Powers Warrants Contempt of Court • Court permission that is required before police officers can take an action. • Search Warrant • Arrest Warrant • In court a judge’s order must be followed. • This is the power of a judge to punish someone if they refuse to follow that order