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Law and Society

Law and Society. CJUS/POLS 102 History of the Courts. History. History of the federal courts - federalist form of government a. Articles of Confederation - nationalists vs. anti-nationalists (1) Concerns: - jurisdiction of federal courts - allocation of government power

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Law and Society

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  1. Law and Society CJUS/POLS 102 History of the Courts

  2. History • History of the federal courts - federalist form of government a. Articles of Confederation - nationalists vs. anti-nationalists (1) Concerns: - jurisdiction of federal courts - allocation of government power (a) Two 18th century landmark decisions

  3. History - Article III - Judiciary Act of 1789 (2) Major weakness of Articles - absence of national supreme court (a) Body to enforce federal law (b) Resolve conflicts / disputes (3) Advocates of state rights (anti-federalists

  4. History - feared strong national court - weaken individual liberties - threat to state courts (4) Nationalists (federalists) - strong central government - economic / political unity - state courts incapable (a) Needed body of federal law - allow business to flourish

  5. History b. Make-up of Constitution - resolved dispute (1) Article I - authority of Congress - considerable detail (2) Article II - executive authority - explained power of president - considerable detail

  6. History (3) Article III - outline of federal judiciary - brief and sketchy (a) “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress shall from time to time ordain and establish.” (b) Task of filling in

  7. History (4) Congress established: - Chief Justice - 5 Associate Justices (a) Traveled throughout country - heard all federal matters c. Judiciary Act of 1789 - Constitution ratified - action on federal judiciary - first bill introduced

  8. History (1) Act created three-tier system - three circuits - eastern / middle / southern - 11 states = 13 districts (a) US Supreme Court - Chief Justice - 5 Associate Justices (b) Thirteen district courts - presided over by district ct. judge

  9. History (c) Circuit court in every district - two Supreme Court Justices - one district court judge - rode the circuit (2) Major victory for federalists - separate federal courts (a) Anti-federalists also satisfied - boundaries: along state lines - “state contained”

  10. History (b) District court judges - residents of district - nominated by President - approved by senators from state (3) Judiciary Act - gave limited jurisdiction - less than outlined in Constitution d. 1789 to 1891: temporary compromise - federalists: expanded powers

  11. History - passage of new judicial act (1) Judiciary Act of 1801 - eliminated circuit riding - new judgeships - extended jurisdiction of lower courts (a) Thomas Jefferson elected (1801) - anti-federalists repealed act - returned to basic structure - previous system

  12. History (b) Marbury vs. Madison (1803) - US Supreme Court ruled - declare acts by Congress and President unconstitutional - exceed powers granted (2) Caseloads of the court - increasing - travel 3,000 – 10,000 miles yearly (a) Civil War until 1891

  13. History - sit on docket 2 – 3 years - argued before Supreme Court (c) 1890: 1,800 cases pending - hear every appeal d. Court of Appeals Act of 1891 - 9 court of appeals added - not because of heavy caseload (1) State court advocates

  14. History - deciding too many issues - all being appealed (a) Court of appeals - kept in their state - greater control (2) Structure changed little - 9 Justices - 13 Courts of Appeal - increase in district courts

  15. History (a) Specialized courts added - bankruptcy / international trade / federal claims / veteran’s affairs (b) Judges borrowed from other courts - sit on: alien terrorist removal / deportation / foreign intelligence / court of review e. Judges Bill of 1925 - greater control over docket - (1988) eliminated more mandatory appeals

  16. History (1) Two areas of content: (a) Subject matter - US Constitution / US Statutes / treaties / bankruptcy law / admiralty law (b) Party - US / ambassadors / ministers / consuls / states / citizens of different states-foreign countries

  17. History (2) US Supreme Court (a) Chief Justice: John Roberts - Elena Kagen - Samuel Alito - Sonia Sotomayor - Anthony Kennedy - David Souter - Clarence Thomas - Ruth Bader Ginsburg - Stephen Breyer

  18. Courts (b) 13 circuit courts - Courts of Appeal - 11 for states - one for Washington, D.C. - one for patents / trademarks (c) 9th Circuit - San Francisco, CA - Washington / Oregon / California / Hawaii / Alaska / Montana / Idaho / Nevada / Arizona / Guam / Mariana Islands

  19. Courts (d) US District Courts - 94 districts - at least one court - most have three • History of State Courts -based on English Common Law - reflects English heritage a. Certain traditions - black robes

  20. History - court structure / format has changed - different concerns shaped state courts (1) Colonial courts - political power in hands of “governor” - governed the colony - appointee of the king (a) Governor’s functions - executive / legislative / judicial - today’s governors are holdovers

  21. History (b) Courts were simple institutions at state level - county courts were primary - stood at heart of government (c) Colonies modified court to local customs - religious differences - patterns of commercial trade (d) State courts vary in structure

  22. History (2) After American Revolution - court functions taken over by state legislators - viewed courts with distrust - judicial action as coercive / intrusive (a) States not anxious to see development independent judiciary (b) Judicial decisions scrutinized by state legislators

  23. History - in response to unpopular court decisions - judges were removed - specific courts were abolished (c) Distrust of judiciary increased - unconstitutional legislative acts - legislators: opposing policies - courts: favored creditors - legislators: favored debtors

  24. History (e) Conflicts continued - courts gradually emerged as independent institution b. Courts in a modernizing society - rapid industrialization followed Civil War - produced fundamental changes in courts (1) Industrialization - produced increase in number of cases - type of disputes before court changed

  25. States (2) Growth of industry / commerce - resulted in disputes - large populations = increase demand (a) Courts still reflected rural setting (b) Inadequate to meet new demands (3) State / local government response - city courts were created (late 1800s) - specialized courts were formed

  26. States (4) Court jurisdiction - geographical boundaries within cities (a) Chicago city courts (1931) - 556 courts - justice of the peace - minor offenses (b) Jurisdiction not exclusive - go before variety of courts - legal / political advantage

  27. States (c) Each court a separate entity - own judge / staff - could not shift overload - produced patronage jobs c. A complex court structure - state courts divided into 4 levels - limited jurisdiction - general jurisdiction - appellate jurisdiction - courts of last resort

  28. States (1) Four states: - nine supreme court justices - Alabama / Mississippi / Texas / Wash (2) Three states: - seven supreme court justices - California / Illinois / New York (3) All other states: - five justices - except Louisiana: eight justices

  29. States • Juvenile court - jurisdiction under age 18 - probation/parole to age 21 a. Product of Progressive Movement - turn-of-the-century - middle-class reformers (“child savers”) (1) Sought touse power of the state - separate juvenile court system - flexible procedures for treatment

  30. States - deal with underlying social problems “This court is a far more complex instrument than outsiders imagine. It is law, and it is social work; it is control, and it is help; it is the good parent and, also, the stern parent; it is both formal and informal. It is concerned not only with the delinquent, but also with the battered child, the runaway, and many others . . . . The juvenile court has been all things to all people.” Reuben, 1984 Denver Juvenile Court

  31. States (2) Unique / distinctive type of judicial body - proceedings are civil - blend of civil and criminal (3) Underlying philosophy - “state must deal with the law-breaker as well as the wayward child” (a) Philosophy legitimized by the legal doctrine of: - “parens patriae”

  32. States (b) English law - “king is father to all children” (c) United States - “the state is the parent” - allows state to intervene - protect welfare of child b. First juvenile court - 1899 - Cook County, Illinois - Chicago

  33. States (1) Judges specially trained - child matters (a) 1945: all states had juvenile courts (b) Four areas of juvenile services: - commit delinquent acts - commit status offenses - are incorrigible - are in need

  34. States • Specialized courts - designed to meet specific needs a. Drug court (1) Due to enormous demand - states implementing drug courts (2) Judges trained to deal with specifics - also to ease load on criminal courts - provide treatment / assistance

  35. States b. Domestic violence court - deal with disputes / crimes - among family members c. Family services court - marriage / dissolution / divorce - adoption / child needs d. Traffic court - infractions / criminal traffic - accidents

  36. States • Washington state - 9 Supreme Court Justices - Chief Justice Gerry Alexander - Charles Johnson - Barbara Madsen - Richard Sanders - Bobbie Bridge - Tom Chambers - Susan Owens - Mary Fairhurst - James Johnson

  37. Court Organization • The Court System - judicial tribunals - federal / state levels a. US courts - created by Article III - congressional power - to hear and determine controversies (1) Constitution - created Supreme Court

  38. Courts - empowered congress (Article I, Sec. 8) - establish inferior courts (2) Power limited - federal statutes - created them (3) Exist independently of states - state courts - controversies under state law

  39. Courts b. Roles of courts (4) (1) Dispute resolution - civil: plaintiff vs. defendant - criminal: prosecution vs. defendant (a) Provides forum (b) Dominated by trial courts (2) Behavior modification

  40. Courts - reward certain behavior - penalize unwanted behavior (a) Reward whistle blowers (b) Punish criminals (3) Allocation of gains / losses - penalties = criminal - settlements = civil

  41. Courts (a) Sentence: 6 months / $2000 fine (b) Awarded $100,000 against driver (4) Policymaking - creation / application of rules (a) Rulings on appeals - establish new law (b) Policy making: appellate court level

  42. Courts • Legislative / constitutional courts - one US Supreme Court - inferior courts as Congress shall deem necessary a. Federal court judges: office for life - except: judicial misconduct - 2/3s vote of senate - cannot reduce salaries (1) Constitutional courts

  43. Courts - Supreme Court / Courts of Appeal / District Courts / International Trade (2) Legislative courts - territorial courts to state courts (a) Tax Court / Court of Federal Claims (3) Court of Military Appeals - military tribunal

  44. Courts b. Court structure - four (4) levels of courts - plus: administrative law courts (1) Administrative courts - not criminal - violations of department policy / rules - FAA / SEC / FDA / INS / etc. (a) Administrative law judge - right to attorney

  45. Courts - operates as a court - no jury (b) Violations - financial penalties / suspensions - can be appealed (US District Ct.) (2) US Magistrate’s Court - help overburdened district courts - inferior jurisdiction - misdemeanors/search-arrest warrants

  46. Courts (3) US District Court - 94 federal districts - at least one court (a) General trial-level court (b) Criminal and civil (c) Appeals from state courts (4) US Courts of Appeal

  47. Courts - appeals from district court - judicial circuit - applies to that circuit (a) 94 judicial circuits - 12 circuit courts of appeal - states / territories - Washington, D.C. 12th circuit (b) Washington state: 9th circuit - headquartered in San Francisco

  48. Courts - Washington / Oregon / Nevada / California / Arizona / Montana / Idaho / Hawaii / Alaska / Guam / Marshall Islands (c) 13th circuit - US Court of Appeals for the Federal Circuit - contracts / patents / trademarks / veteran’s benefits / international trade / money claims against gov.

  49. Courts (5) US Supreme Court - different jurisdictions (a) Mandatory - constitutional importance - ambassadors / state vs. state (b) Certiorari - power to hear any case - constitutional issue - violation of constitutional right

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