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Federal Courts

Federal Courts. Supreme Court. Federal Courts Structure. Federal Courts. District Courts Original Jurisdiction: courts that determine the facts about a case- the trial court. Federal crimes Civil suits under federal law / across state lines Supervising bankruptcy / naturalization

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Federal Courts

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  1. Federal Courts Supreme Court

  2. Federal Courts Structure

  3. Federal Courts • District Courts • Original Jurisdiction: courts that determine the facts about a case- the trial court. • Federal crimes • Civil suits under federal law / across state lines • Supervising bankruptcy / naturalization • Reviews some federal agencies • Admiralty and maritime law cases

  4. Federal Courts • Courts of Appeal • Appellate Jurisdiction: reviews the legal issues in cases brought from lower courts. • Hold no trials and hear no testimony. • 12 circuit courts • U.S. Court of Appeals for the Federal Circuit- specialized cases • Focus on errors of procedure & law

  5. Federal Courts • The Supreme Court • President relies on attorney general and DOJ to screen candidates. • 1 out of 5 nominees will not make it. • Presidents with minority party support in the Senate will have more trouble. • Chief Justice’s position can be a sitting justice, or a new member.

  6. Federal Courts • Accepting Cases • Use the “rule of four” to choose cases. • Issues a writ of certiorari to call up the case. • Very few cases are actually accepted each year

  7. Federal Courts • What is ‘Rule of 4” mean? • The rule of fouris a Supreme Court practice that permits four of the nine justices to grant a writ of certiorari. • It is a custom that has been observed since the Court was given discretion over which appeals to hear. It is not in the Constitution.

  8. Federal Courts • What is a writ of certiorari? • A writ of certiorari is an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities. • Certiorari is the common method for cases to be heard before the U.S. Supreme Court

  9. Federal Courts • The "rule of five." means the decisions in a Supreme Court case result from this desire to get a majority of five votes.

  10. The Courts as Policymakers • Making Decisions • Oral arguments may be made in a case. • Justices discuss the case. • One justice will write an opinion on the case

  11. The Courts as Policymakers • Making Decisions • Opinion: Statement of legal reasoning behind a judicial decision. • Stare decisis: basically to let the previous decision stand unchanged. • Precedents: How similar past cases were decided. • Original Intent: The idea that the Constitution should be viewed according to the original intent of the framers.

  12. The Courts and the Policy Agenda • A Historical Review • John Marshall and the Growth of Judicial Review • The “Nine Old Men” • The Warren Court • The Burger Court • The Rehnquist Court

  13. Understanding the Courts • What Courts Should Do: The Scope of Judicial Power • Judicial restraint: judges should play a minimal policymaking role- leave the policies to the legislative branch. • Judicial activism: judges should make bold policy decisions and even charting new constitutional ground.

  14. Nine Old Men • First coined by FDR during the Depression and his New Deal Programs: • Stocked with philosophical and economic conservatives, the U.S. Supreme Court proved to be the most consistent opponent to President Franklin Roosevelt’s New Deal programs.

  15. The Warren Court-1953-1969 • Brown V, Board of Education, Topeka Kansas - 1954 - Civil Rights • Mapp v Ohio - 1961 - Search and Seizure • Gideon v. Wainright - 1963 - Right To Counsel • Escobedo v Illinois - 1964 - Right To Counsel

  16. The Warren Court • Miranda v Arizona - 1966 - Rights of the Accused • Engle v Vitale - 1962 - Separation of Church and State • Tinker v Des Moines - 1969 - Symbolic Speech • What type of court was the Warren Court?

  17. The Burger Court-1969-1986 • NY Times v United States - 1971 - Freedom of the Press • United States v. Nixon - 1972 - Presidential Privilege • Bakke v University of California Bored of Regents - 1976 - Civil Rights • Roe v Wade - 1973 - Right To Privacy

  18. The Rehnquist Court 1986- 2005 • Texas v. Johnson - 1989 - Freedom of Speech

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