Here Comes the Judge!

1. Here Comes the Judge! Article III: The Judicial Branch

2. Role of the Courts • Make up the 3rd branch of the federal government • Use the law to settle civil disputes (between people, companies or organizations) • Applies the law to the facts presented to determine the guilt or innocence (Criminal)

3. Equal Justice Under the Law • Means that all the laws are applied equally to every person • Constitution guarantees trial by jury, presumption of innocence, right to council, right to appeal • Why is equal justice hard to achieve?

4. Federal Courts • Under the Articles of Confederation there were no federal courts • Each State had its own system • What does this mean for equal justice under the law? • Supreme Court only court mentioned in the Constitution • Article III Gives Congress the power to establish “inferior courts”

5. Federal Court System • District or Circuit Courts-federal cases start here • Appeals Court-when either party questions the ruling of the lower court or (district court) • Supreme Court- has final authority over legal matters

6. Criminal Cases

7. Civil Cases

8. What type of cases go to a federal court? • Constitutional issues • Breaking Federal laws (tax evasion, kidnapping) • Disputes between states ex: water rights • Disputes between citizens of different state • Federal Government ex: when the Feds bring a case against someone or entity

9. What type of cases go to a federal court? • Foreign governments and treaties ex: When any foreign government is involved in a dispute with a US citizen, company or government • Admiralty or Maritime Laws – crimes on the open seas • US Diplomats: Example Ambassadors breaking laws

10. Types of Jurisdiction • Exclusive Jurisdiction: only feds hear the case • Concurrent Jurisdiction: feds and state courts may hear case

11. US District Courts • Where all federal trials and lawsuits begin-known as “original jurisdiction” • Witnesses testify and juries hear cases • HOW MANY DISTRICTS? WHAT DISTRICT IS NM IN?

12. US Court of Appeals • Other names: Appellate Courts, Circuit Courts • Reviews the decisions of the lower courts which is “appellate jurisdiction” • No jury a panel of 3 judges reviews and makes a decision • 12 US courts of appeals has jurisdiction over a specific region • Court of Appeals for the Federal Circuit has nationwide authority

13. Decisions of the Court of Appeals 3 Options • Upholding the findings of a lower court • Reversing the findings of a lower court • Remanding to send the case back to a lower court for a retrial • Rulings are only on whether any of the defendants rights have been violated • Opinion of the Court is an explanation of the ruling • Opinion often based on Precedent-prior rulings

14. So You Want to be a Judge • The President along with the advise and consent of the Senate appoints federal judges • It’s a political thing/usually the same party and like philosophy of the Prez • A job for life!

15. Other Jobs • Magistrates take care of the minor judicial duties (issue warrants, determine whether a case should go to trial, set bail) • US Attorneys: Each district court has 1 US Attorney and several deputies-they prosecute people who are accused of breaking federal laws • US Marshalls: Collect fines, make arrests, serve legal papers

16. Jurisdiction of the Supreme Court • Can preside over disputes between states and cases involving foreign countries • Otherwise it hears cases on appeal from lower courts • Gets to choose the cases it hears • Refusal to hear a case means the decisions of the lower court stand

17. About the Court • 8 Associate and 1 Chief Justice • Main duty is to decide on cases/ but also make policy indirectly • President nominates a justice and the individual must be confirmed by the Senate • Appointed for life • No constitutional requirements to be a justice

18. Powers of the Court • Executive and Legislative Branches must follow the decisions of the court • Judicial Review: The court can review any federal, state or local law or action to make sure it is constitutional • Judicial Review was established in the case of Marbury v. Madison in 1803 (page 260)

19. Limits to Power • Court relies on the executive branch and local officials to carry out its decisions (think desegregation) • Congress can change or tweek laws deemed unconstitutional

20. The Workings of the Court • Meets from the first Monday in October- until the business of the court is complete usually late June/early July • 4 of the 9 Justices must agree to hear a case before it is placed on the court docket • Many cases are appealed to the Supreme Court only a small fraction are heard and even a smaller percentage get full hearings

21. How do they decide what to hear? • Major constitutional issues • Cases must deal with real people and events • Legal rather than political issues • Writ of Certiorari- “make more certain” directs a lower court to send its case records to the Supreme Court

22. The Process to Deciding a Case • Written Arguments: Briefs explain each sides position in a case • Lawyers present oral arguments (30 min) justices then ask questions • Conferences in secret to discuss the merits of the case- 5 need a majority of justices • Opinions • Announcement of Opinions

23. Types of Opinions • Majority Opinion: written by one justice presents the view of the majority of justices • Concurrent Opinion: Justices may agree with the majority but have different legal reasons for doing so • Dissenting Opinion: Justices who oppose the majority opinion • Unanimous Opinion: All Agree

24. Influences on the Justices’ Opinions • The Law based on the concept of “stare decisis” let the decision stand • Precedent matters • Social and Political Conditions- while mostly immune from these pressures, court reinterprets laws based on social norms think Plessy v. Ferguson and Brown v. Board of Education • Differing Legal Views: Activist v. Constitutionalist • Personal Beliefs