Government - Libertyville HS

The Federal Judicial System

Vocabulary Civil Case (P v. D)

Dispute between two or more people (parties)

Fighting over money (torts)

Criminal Case (State v. D) Dispute between society

(government) and a person

Fighting over liberty! (jail)

Types of trial Jury trial Bench trial Choice = P (civil) or D

(criminal)

Vocabulary Jurisdiction

What is the appropriate court to hear a case

Original jurisdiction = first level (“Trial Court”)

Appellate jurisdiction = second or higher level (“Appellate Court”)

Federal Court Jurisdiction District court = original Circuit court =

appellate Supreme Court =

BOTH!

Summary of Judicial System

US District Court 94 district courts

At least one in each state DC (1), Puerto Rico (1) 3 US territories (V.I.,

Guam, N. Mariana Isl.) Hear any kind of case

Exceptions: bankruptcy, international trade, claims against Fed. Gov., IRS cases

These are heard by special courts

US Circuit Court of Appeals All states divided into 11

Circuits, + the DC Circuit 179 justices authorized Hear appeals from lower

courts (mandatory) in their circuit

Hear appeals in 3 judge panels

Court of Appeals for the Federal Circuit is the 13th Circuit Court of Appeals Nationwide jurisdiction to

hear specialized cases

US Supreme Court Only court provided in

the Constitution Composition

1 Chief Justice 8 Associate Justices

Final authority in determining issues of law in USA

Judicial Review Ability to determine

constitutionality of federal statute

US Supreme Court Process

Appellate jurisdiction for all criminal, civil cases

Original jurisdiction for cases involving foreign diplomats or states

Getting a Case to USSC Appeal – review decision of

lower court Writ of Certiorari – accept

case to resolve “substantial federal question (“Rule of 4”)

Certificate – Lower court asks USSC to clarify a procedural / legal issue

US Supreme Court Hearings

Cases heard between October and June

Attorneys file written briefs before hearing

Amicus curiae brief “Friend of the Court” Affected groups file

written brief to support their position

Justices listen to oral arguments

Attorneys answer questions from all 9 justices at once

US Supreme Court After oral argument,

justices meet “in conference” every Friday Discuss, argue cases

amongst themselves CJ assigns who will write

opinion Vote on decision

Majority opinion (precedent)

Dissenting opinion (justices who don’t agree w/ majority)

Concurring opinion (agree w/ outcome, not reasoning)

US Supreme Court Workload

8241 filings in 2007 75 cases argued 67 signed opinions

Ideological Division of USSC Liberal justices = “Living

Constitution” (reinterpret Const. to fit current times)

Conservative justices = Constitution’s original meaning, intent to be preserved

Split on Court today (4/4/1)