Article III

The Judicial Department

11stst Type – Type –Article III Article III CourtsCourts

Magistrate Courts

2nd Type – Article I or Article I or

Legislative CourtsLegislative Courts-

Federal

Article III Courts – Basics•Derive power from ConstitutionDerive power from Constitution•All Judges are appointed by the President of the United States with the advice and consent of the Senate•Hold Office during good behavior for LIFE

Article III Courts – BasicsJurisdiction? Section 2 of US Constitution

*Cases that arise under the Constitution*Laws of United States*Treaties made with authority of US*Civil Cases – residents of different States and amt > $75,000 (set by federal law)*Suits between States*Bankruptcy*Patent, copyright, and trademark cases*Securities and banking regulation*Cases involving ambassadors or other high-ranking public figures*Federal Crimes (treason, piracy, counterfeiting, crimes against the law of nations and crimes relating to the federal government’s authority to regulate interstate commerce) *most crimes are State matters

Article I or Legislative Courts – Basics

Created pursuant to the authority given to Congress in Article I, Section 8, Clause 9 - “to constitute Tribunals inferior to the Supreme Court

Judges are appointed by the President of the United States with the advice and consent of the Senate

*Hold office - SET NUMBER OF YEARS (15 yrs)

Federal Courts (Type I)Federal Courts (Type I)

U.S. District CourtsU.S. District Courts• 94 federal judicial districts• Every State has at least 1

– PA – 3 Districts• Eastern – Philadelphia• Middle – Scranton, Harrisburg,

Williamsport, and Wilkes-Barre• Western – Eire, Johnstown, and

Pittsburgh

• Trial Courts (or courts of Original Jurisdiction)– Hear CIVIL AND CRIMINAL CASES– JUDGE determines issues of law while

the JURY (or JUDGE sitting without a jury) determines findings of fact

US Post Office and Courthouse--Pittsburgh

Federal Courts (Type 1)Federal Courts (Type 1)US Circuit Courts of AppealUS Circuit Courts of Appeal

13 Courts in the US Divided into 12 regional circuits in various

cities throughout the country 13th – Washington D.C. Any party (except if found not guilty) who is

dissatisfied with the judgment of the US District Court may appeal

Panel of 3 Judges

Federal Courts (Type 1)Federal Courts (Type 1)Supreme CourtSupreme Court

Only 1 (Washington D.C.) Composed of 9 Judges

(JUSTICES) Presided over by a CHIEF

JUSTICE Parties who are NOT

satisfied with the decision of a US Circuit Court of Appeal (rare cases – US District Court) or a State Supreme Court* can petition the US Supreme Court to hear the case

Known as WRIT

OF CERTIORARI

(CERT.)

Federal Courts (Type 1)Federal Courts (Type 1)Supreme Court con’tSupreme Court con’t

Court can decide whether or not to accept the cases

ACCEPT 100- 150 of the some 7000 cases it is asked to hear for argument per year

How decided? 4 JUSTICES MUST

AGREE TO HEAR THE CASE

Primarily an APPELLATE COURTPrimarily an APPELLATE COURT

- HOWEVER court does have - HOWEVER court does have originally jurisdiction over cases originally jurisdiction over cases involving ambassadors and two or involving ambassadors and two or more statesmore states

Known as

GRANT CERT

Supreme Court today

(from left) Clarence Thomas, Sonia Sotomayor, Antonin Scalia, Stephen Breyer, Chief Justice John Roberts, Samuel Alito, Anthony Kennedy, Elena Kagan and Ruth Bader Ginsburg.

NAME APPOINTED BY LEANING?

Clarence Thomas

George HW Bush (91) Right

NAME APPOINTED BY LEANING?

Antonin Scalia

Ronald Reagan (86) Right

NAME APPOINTED BY LEANING?

John Roberts (Chief Justice)

George W. Bush (05) Right

NAME APPOINTED BY LEANING?

Anthony Kennedy

Ronald Reagan (88) Moderate

NAME APPOINTED BY LEANING?

Ruth Bader Ginsburg

Bill Clinton (93) Left

NAME APPOINTED BY LEANING?

Sonia Sotomayor

Barack Obama (09) Left

NAME APPOINTED BY LEANING?

Stephen Breyer Bill Clinton (94) Left

NAME APPOINTED BY LEANING?

Samuel Alito George W. Bush (06) Right

NAME APPOINTED BY LEANING?

Elena Kagan Barack Obama (10) Moderate

How do you get to the Supreme Court? How do you get to the Supreme Court? Qualifications?Qualifications?

No constitutional requirements

President USUALLY take the recommendation and

evaluation of the ABA’s Standing Committee on the

Federal Judiciary

Informal Qualifications:•Good standing in the state bar (>5 yrs)•Practicing trial attorney and/or trial judge (>12 yrs)•Competent citizen of good character, integrity, reason, intelligence, and judgment•Distinguished accomplishments

Have to be experts on the Constitution, Constitutional law, and federal law all past and present members of the Supreme Court have been attorneys

.

• Supreme Court nominees are political Supreme Court nominees are political appointments.appointments.– Not easy…Sometimes they don’t get

past the background checks or Senate questioning!

Anita Hill testified in 1991 about claims of sexual advances from then-Supreme Court nominee Clarence Thomas

Bush nominated Harriet Miers (2005)Miers was widely perceived as unqualified for the position - Later emerged that she had allowed her law license to lapse for a time. The nomination was immediately attacked by politicians and commentators (both sides)

At Miers' request, Bush withdrew her nomination on October 27

4 days later, Bush nominated Samuel Alito to the seat. - was confirmed in 2006

Close But DENIED Example

Supreme Court hears Constitutional Supreme Court hears Constitutional Issues that can affect the entire countryIssues that can affect the entire country

Marbury v. Madison 1803 QUIZ – WHAT DO YOU REMEMBER?

Supreme Court hears Constitutional Supreme Court hears Constitutional Issues that can affect the entire countryIssues that can affect the entire country

• Case Established Judicial Review– forever after the Supreme

Court has had the power to rule laws unconstitutional (void acts of Congress)

BEFORE – this power was NOT given in Constitution

Only Original and Appellate Jurisdiction

Marbury v. Madison 1803

Interpret the Constitution

For Example – For Example – The Second AmendmentThe Second Amendment

A well regulated Militia, being necessary to A well regulated Militia, being necessary to the security of a free State, the right of the the security of a free State, the right of the people to keep and bear Arms, shall not be people to keep and bear Arms, shall not be infringed. infringed.

““right of the people to keep right of the people to keep and bear armsand bear arms” - ” - understoodunderstood

But what was meant But what was meant by adding “by adding “well-well-regulated militiaregulated militia” and ” and ““necessary to the necessary to the security of a free security of a free statestate”?”? Does it mean that you Does it mean that you

can only carry arms if can only carry arms if you are in the militiayou are in the militia??

Can guns Can guns only be used only be used for national defensefor national defense, , or does that mean or does that mean self-defenseself-defense??

““right of the people to keep and bear right of the people to keep and bear

armsarms”” Is the militia in Is the militia in 20142014 mean mean

the same thing as it did in the same thing as it did in 17871787??

CENTRAL ARGUMENT!CENTRAL ARGUMENT!

Whether people Whether people have a right to bear have a right to bear arms as arms as INDIVIDUALS, rather INDIVIDUALS, rather than just as part of than just as part of an official militia.an official militia.

Collective Rights v. Individual Collective Rights v. Individual Rights:Rights:

Some think the 2Some think the 2ndnd Amendment was designed Amendment was designed ONLY to protect the rights ONLY to protect the rights of the states to have of the states to have militias.militias. NOT the right of NOT the right of

individuals to bear arms individuals to bear arms for their own self-defense.for their own self-defense.

““well-regulated militia” well-regulated militia” and “security of a free and “security of a free state” prove their point.state” prove their point.

Restrictions on hunting and Restrictions on hunting and self-defense.self-defense.

What happens if Congress passes a Federal Law concerning the Amendment and someone disagrees with it (or is charged under it)

THEN Supreme Court steps in and does it thing!Abramski v. United States

-report from the APA federalfederal gun law on "straw purchases" has been upheld by the U.S. Supreme Court, preventing buyers from purchasing a gun just to transfer it to someone else.In a 5-4 decision, the High Court determined that even if the ultimate recipient of the firearm is legally permitted to own a gun, federal laws intended to prevent sham transactions known as "straw purchases" are still valid

Purchased a gun in Virginia using his police discount with the intention of transferring it to his uncle in Pennsylvania.

Bruce Abramski

On a form required by federal regulations, Abramski falsely answered that he was the "actual buyer" of the gun and was convicted for making false statements under this "straw purchaser" law (18 U.S.C. 922(a)(6)).

Despite the fact that the federal law in question didn't contain the phrase "actual purchaser," the Supreme Court was convinced that Congress' intent of this federal gun law was to know who would eventually own themto know who would eventually own them. In order to keep guns out of the hands of felons and prohibited buyers, it seems perfectly reasonable to prevent "straw purchasers" from concealing the actual purchaser, the Court explained.•After all, what would be the point of a gun After all, what would be the point of a gun background check if the actual purchaser could just background check if the actual purchaser could just avoid it by having a "straw" buyer pick up the gun?avoid it by having a "straw" buyer pick up the gun?

Argued that the federal law wasn't concerned with "straw purchasers" and even if it was, his uncle could legally purchase a gun for himself.

Under the age of 18 for long guns Under the age of 21 for hand guns.

An unlawful user of, or addicted to, any controlled substance.

Been committed to any mental institution for inpatient care and treatment

A person who is the subject of an active protection from abuse order

Discharged from the Armed Forces under dishonorable conditions

Has renounced his US citizenship.

Ever been convicted of a misdemeanor crime of domestic violence

Doesn't Matter If Actual Purchaser Is Legit

Justice Kagan writing for the Court's majority•Even when the actual purchaser could legally own the gun, the straw purchaser is nonetheless preventing the gun dealer from complying with federal law which requires documenting the true owner and running a background check.

OK...all lies on federal forms aside, what really matters is that the actual purchaser is

legally allowed to own a gun. After all, the uncle could have purchased the gun legally on

his own, but his nephew wanted to get him that sweet police

discount

I’m not buying it…

The statute establishes an elaborate system to verify a would-be gun purchaser’s identity and check on his background. It also requires that the information so gathered go into a dealer’s permanent records.

• This is what the Majority was looking at

Regarding straw purchases, Form 4473 is clear. You can’t acquire a firearm “on behalf” of another person.•On behalf implies you are standing in for another. •As far as straw purchases go, you stand in for someone. You are the original buyer, yet you have no intent to own the gun. Your intent is to act as the agent. It is this intent that matters in straw purchase prosecutions.

More details on the caseAbramski had previously been a policeman but had been fired from the Roanoke, Va., police department for alleged theft.

After he was cleared by the federal database, Abramski gave the gun to his uncle, deposited the uncle's $400 check, and gave him a receipt.

Police later found the receipt after searching Abramski's home in connection with another crime (bank robbery)

WHICH MEANS…. NOT A GIFT

There’s no federal law that prohibits a gift of a firearm to a relative or friend that lives in your home state. Abramski v. United States, a recent Supreme Court decision involving a “straw purchase” of a firearm did not change the law regarding firearms as gifts.

Why the law in the first place?

Add to the more than 20,000 different gun laws on the books

• ATF found that straw purchasing was the most common channel of illegal gun trafficking, accounting for almost one-half (46%) of all investigations, and associated with nearly 26,000 illegally trafficked firearms.

Violations of dealer record keeping

requirements are punishable by a penalty of up to $1000 and one

year`s imprisonment

Target – Gun ShowsATF investigations at gun shows from 2004 – 2006 uncovered “widespread” straw purchasing at shows, where guns were diverted to “convicted felons and local and international gangsHowever - "gun show loophole," most states do not require background checks for firearms purchased at gun shows from private individuals -- federal law only requires licensed dealers to conduct checks

Writing for the four dissenters, Justice Scalia accused the court majority of making it "a federal crime for one lawful gun owner to buy a gun for another lawful gun owner." •Joining his dissent were Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito.

Agreement with wisdom of a straw purchase ban

BUT Wording of the Law

The purchaser at the time is the legal purchaser

Nothing in existing law that Congress enacted to support the majority’s straw purchase ban

Antique firearms and replicas are exempted from the restrictions. Antique firearms are defined as: any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898, and any replica of a firearm as designed above if the replica is not designed or redesigned for using rimfire or conventional centerfire ammunition, or uses fixed ammunition, which is no longer manufactured in the United States and which is not readily available in the ordinary channels or commercial trade, any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition.

Pennsylvania (and other States) Program…

• https://www.youtube.com/watch?v=RYxmwhDkaaY

Inter-family transfers• Again, in most states, there’s no law that

says you can’t, but some states require even inter-family transfers to go through a licensed dealer.

• Remember, you can never transfer a firearm directly to another person who is a resident of a different state.

• In that case, you must transfer the firearm through a licensed dealer in the state where the person receiving the gift resides

Federal Courts (Type 1)Federal Courts (Type 1)Special Article III CourtsSpecial Article III Courts US Court of Federal ClaimsUS Court of Federal Claims

Washington D.C.Washington D.C. Cases AGAINST the Cases AGAINST the Government

US Court of International TradeUS Court of International Trade New YorkNew York Cases involving tariffs and Cases involving tariffs and

international trade disputesinternational trade disputes

Federal Courts (Type 2)Federal Courts (Type 2)Special Courts Created by CongressSpecial Courts Created by Congress FEDERAL Magistrate Judges

Handle certain criminal and civil matters w/ consent Handle certain criminal and civil matters w/ consent of both partiesof both parties

Magistrate judges are assigned duties by the district judges in the district in which they serve.

May preside over most phases of federal proceedings, except for criminal felony trials.

Reduce the workload of federal courts

Federal Courts (Type 2)Federal Courts (Type 2)

Ex: Initial Appearance – as soon as possible after arrest – advises of rights, financial ability to hire lawyer, bond

Ex: Detention Hearing – Evidence about the accused’s risk of flight, danger to community (detained or released before trial)

Ex: A preliminary hearing – Should Government bring criminal charges?

Option 1 -. The judge (hearing from both parties and questions witnesses) then makes the ultimate finding of probable cause.

Option 2 - The grand jury then decides whether sufficient evidence has been presented to indict the defendant.

Ex: Pre-Trial Motions and petitions

Suppression of evidence – guns or drugs seized in search, statements (confession)

Ex: Arraignment – read the charges against the person, enter plea

Western District

U.S. Magistrate

Judges

- Appointed by majority vote of the active District Judges of the court.

- A U.S. magistrate judge is appointed based upon the recommendations of a citizen's merit screening committee.

A full-time magistrate judge serves a term of eight years

Must be a member of the bar of the highest court of the state where he or she serves.

Hon. Susan Paradise Baxter (Erie)

Hon. Cynthia R. Eddy (Pgh)

Hon. Maureen P. Kelly (Pgh)

Hon. Lisa Pupo Lenihan (Pgh)Chief Magistrate Judge

Hon. Robert C. Mitchell (Pgh)

Hon. Keith A. Pesto (Johnstown)

Federal Courts (Type 2)Federal Courts (Type 2)

Special Courts Created by CongressSpecial Courts Created by Congress Bankruptcy CourtsBankruptcy Courts

Cases arising from Bankruptcy CodyCases arising from Bankruptcy Cody US Court of Military AppealsUS Court of Military Appeals

Final Appellate Court for cases arising under the Final Appellate Court for cases arising under the Uniform Code of Military JusticeUniform Code of Military Justice

US Tax CourtUS Tax Court Cases arising over alleged tax deficienciesCases arising over alleged tax deficiencies

US Court of Veterans’ AppealsUS Court of Veterans’ Appeals Cases arising from the denial of veterans’ benefitsCases arising from the denial of veterans’ benefits

State Courts State Courts No two State courts are No two State courts are

exactly the same but there are similaritiesexactly the same but there are similarities

Trial Courts of Limited Jurisdiction(aka Minor Courts) Magistrates + others

Trial Courts of General Jurisdiction(aka Circuit Courts, Superior Courts, Courts of Common

Pleas)

Intermediate Appellate Courts

(aka Superior Court and Commonwealth Court)

Highest State Courts(aka Supreme Court, Court of Appeals)

Most are NOT appointed for lifeElected (or appointed) for a

certain # of years

Butler County Butler County MagistratesMagistrates

Butler Magistrate

Chicora Magistrate

Cranberry Township Magistrate

Evans City Magistrate

Saxonburg Magistrate

Slippery Rock Magistrate

Elected for six-year terms by the electors in the district that the magistrate judge serves

Are the only judges that are not not required to have law degrees and be a member of the Bar

In PennsylvaniaMagistrate

Handles…

They conduct criminal arraignments and preliminary hearingsIssue arrest warrants and search warrants in some casesHear civil disputes involving $8,000.00 or lessLandlord-Tenant disputes, except not matters involving title to real estateIssue temporary Protection from Abuse Act ordersDecide traffic, game law, and fish and boat code casesConduct marriagesAdminister oaths and affirmations, etc.

Trial Courts of Limited JurisdictionPA - Minor Courts

Probate Court

Family Court

Traffic Court

Proving a Will is valid; Distribution of assets according to provisions of the Will;

What to to when no Will (State law decides distribution)

Marriage, divorce, adoption, child custody, and support and domestic-relations issues

Minor violations of traffic laws

Trial Courts of Limited JurisdictionPA - Minor Courts

Juvenile Court

Small Claims Court

Municipal Court

Handles cases involving delinquent children under a

certain age (18 or 21))

Handles cases between private persons of a low

dollar amount (under $5,000)

Handles cases involving offenses against city

ordinances13 Judges - Pittsburgh

PA – Courts of Common Pleas•Main Trial Courts of the State

– PA – organized into 60 Judicial districts (each district 1 – 93 judges)

•Major Civil (Tort and personal injury, Contract) and Criminal (murder, theft, breaking and entering, destruction of property, etc…)

Allegheny County Courthouse, Pittsburgh

Trial Courts of General JurisdictionJudges –

10 year termsElections

Retirement – age 70

PA – Courts of Common Pleas con’t

•Appeals from Minor Courts in Civil, Criminal, and traffic matters•Heard by 1 Judge (issues of law) (often with jury (issues of fact))

Butler County Courthouse, Butler

Trial Courts of General Jurisdiction

Intermediate Appellate Courts

PA - Superior Court and Commonwealth Court• Panels of 2 or 3 judges

• Civil Cases brought by or against the State• Any party (except in a case where a defendant in a

criminal trial is found not guilty) who is not satisfied with the judgment of a state trial court may appeal

• However, these courts only address alleged procedural mistakes and errors of law made by the trial court– Won’t review the facts of the case (which

were established during the trial)– Won’t accept additional evidence

Judges – 10 year terms

ElectionsRetirement – age 70

Highest State CourtsPA – Supreme Court

3,5, 7, or 9 member court All Death-penalty cases Will hear appeals about alleged mistake

of law NOT fact Original Jurisdiction concerning elections

and reapportionment of legislative districts (gerrymandering – Congress Unit)

ProsecutorsWhich court - Which attorney?

• Prosecutor

Def: One who prosecutes another for a crime in the name of the government.

• . State and county governments employ prosecutors to represent their local communities in complaints against criminal defendants

On the federal level, the president appoints prosecutors to represent the United States in complaints against criminal defendants

Federal Courts

Eric HolderAttorney General of the United StatesIn office since 2009.

Federal Criminal Cases

Prosecutor

United States District Attorneys

•Represent the United States Federal Government in:

– United States District Court

– United States Court of Appeals

Law and Order Assistant District Attorneys

United States District Attorneys• There are 93 U.S. District Attorneys

stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands.

One U.S. Attorney is assigned to One U.S. Attorney is assigned to each of the judicial districtseach of the judicial districts

Each U.S. Attorney is the chief federal law enforcement officer within his or her particular jurisdiction

They supervise district offices of as many as 350 assistant United States attorneys, with as many as 350 more support personnel

United States District Attorney for the Western District of

PennsylvaniaDavid J. Hickton was nominated for by President Barack Obama on May 20, 2010, and was confirmed by the U.S. Senate on Aug. 5, 2010.

The United States Attorney's Office in Pittsburgh currently consists of more than 100 employees, including more than 50 lawyers

Judicial System of Pennsylvania

At the Top Attorney General Main legal advisor to the State government, and in some jurisdictions he or she may also have executive responsibility for law enforcement, public prosecutions or even ministerial responsibility for legal affairs generally

FOR PA Kathleen Kane

District Attorney for:

Butler County

Allegheny County

Stephen A. Zappala, JrRichard A. Goldinger

The District Attorney is the Chief Law Enforcement Officer for the County. As such, he and his assistants represent the Commonwealth in the prosecution of all misdemeanor and felony criminal cases.

Which Court?Worksheet