Structure and Jurisdiction of the Federal Courts

Structure and Jurisdiction of the Federal Courts

AP Government and PoliticsWilson: Chapter 14

Homework: Assignment 15

The Original District and Circuits Created by

the Judiciary Act of 1789

6 SC Justices

13 Districts3 Circuits

“Riding the Circuit”

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

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 caseCongress has enlarged and diminished this jurisdiction

over timeOriginal vs. Appellate jurisdiction

State courts hear cases related to state laws; federal courts hear cases related to federal lawsExclusive 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.

How do cases get to the Supreme Court?Usually begin in federal district court. District courts are the trial courts of the federal

court system. There are 94 federal judicial districts, including at

least one district in each state, the District of Columbia and Puerto Rico.

Step 2: Circuit Courts of AppealCourts 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.

There are 23 circuit court judges in the 3rd circuit…

Appealing to the Supreme Court If a party loses in Circuit court, they may appeal

their case to the Supreme CourtMost cases reach the Supreme Court on appeal

from the Circuit CourtsHow 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?

Federal Judiciary: The Selection Process

Homework: Assignment 15 for Monday

Getting “borked”?According to columnist William Safire, the first published

use of bork as a verb was "possibly" The Atlanta Journal-Constitution of August 20, 1987.

Safire defines to bork by reference "to the way Democrats savaged Ronald Reagan's nominee, the Appeals Court judge Robert H. Bork, the year before.”

Perhaps the best known use of the verb to bork occurred in July 1991 at a conference of the National Organization for Women in New York City. Feminist Florynce Kennedy addressed the conference on the importance of defeating the nomination of Clarence Thomas to the U.S. Supreme Court. She said, "We're going to bork him. We're going to kill him politically ... This little creep, where did he come from?” Thomas was subsequently confirmed after one of the most divisive confirmation hearings in Supreme Court history.

Getting to the Court Describe the parts of the nomination process.

What would the membership of an ideal Supreme Court look like?

"Even if he was mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they, and a little chance? We can't have all Brandeises and Cardozos and Frankfurters and stuff like that there."

What do you think of Hruska's point?

 What factors does a president usually take into account when making a nomination for the Supreme Court?

 What happens sometimes to the ideological leaning of a justice once appointed? Why might this occur?

 Why are the following “criteria” placed on nominees considered controversial? Senatorial Courtesy? A “litmus test”?

 What is the role of the Senate with regard to the appointment process?

Should the Senate be a “rubber stamp” with regard to who the president has appointed?

Alito on Becoming A Judge

Day 1 of Kagan Confirmation

Day 2 of Kagan Confirmation