The Federal JudiciaryThe Federal JudiciaryConstitution of the United StatesConstitution of the United States

Article IIIArticle III

Section 1.Section 1.

The judicial power of the United States, shall be The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior vested in one Supreme Court, and in such inferior

courts as the Congress may from time to time courts as the Congress may from time to time ordain and establish. The judges, both of the ordain and establish. The judges, both of the supreme and inferior courts, shall hold their supreme and inferior courts, shall hold their offices during good behaviour, and shall, at offices during good behaviour, and shall, at stated times, receive for their services, a stated times, receive for their services, a

compensation, which shall not be diminished compensation, which shall not be diminished during their continuance in office.during their continuance in office.

The Judicial BranchThe Judicial Branch• Importance of an Importance of an independentindependent judiciary judiciary

– Law must be neutral and Law must be neutral and nonpartisannonpartisan– Judges and Justices Judges and Justices must be free of political control must be free of political control

• appointed, not elected – beyond influence of party appointed, not elected – beyond influence of party politicspolitics

• serve for life – beyond the influence of the president serve for life – beyond the influence of the president that appointed them [with Senate approval, of course]that appointed them [with Senate approval, of course]

• [Note that some [Note that some StateState judges are elected for terms of office, such as judges are elected for terms of office, such as North Carolina – the idea is that those who interpret law should be North Carolina – the idea is that those who interpret law should be answerable to the people]answerable to the people]

• Federal courts handle cases of federal lawFederal courts handle cases of federal law– All federal is law based upon the Constitution [Article VI]All federal is law based upon the Constitution [Article VI]– U.S. justice system based upon long historical U.S. justice system based upon long historical precedentprecedent

• Code of Hammurabi; 10 Commandments [Law of Moses]Code of Hammurabi; 10 Commandments [Law of Moses]• Roman law – codified; simplified by Justinian Code, Roman law – codified; simplified by Justinian Code,

updated by Napoleonic Codeupdated by Napoleonic Code• English Common Law – based on court decisions rather English Common Law – based on court decisions rather

than written document or codethan written document or code

•Why does justice Why does justice have a sword?have a sword?

•What does the scale What does the scale mean?mean?

•Why is justice Why is justice blindfolded?blindfolded?

Types of LawTypes of Law• Look these up, know what they are, what body makes Look these up, know what they are, what body makes

them, and what they deal withthem, and what they deal with. . Be ableBe able to give and/or to give and/or recognize examples of each [hint, hint...]recognize examples of each [hint, hint...]

– Common LawCommon Law– Criminal LawCriminal Law– Civil LawCivil Law– Constitutional LawConstitutional Law– Statutory LawStatutory Law– Administrative LawAdministrative Law– International LawInternational Law

• Top 3 levels are Top 3 levels are constitutional constitutional courtscourts

• Begins at the trial Begins at the trial level [usually]level [usually]– Original Original

jurisdictionjurisdiction

• Decisions may be Decisions may be appealed to next appealed to next level[s]level[s]– Appellate Appellate

jurisdictionjurisdiction• [State systems are [State systems are

similar]similar]

• Article I courts, etc. Article I courts, etc. try cases and hear try cases and hear appeals within their appeals within their own organizationsown organizations

• U.S. Supreme Court U.S. Supreme Court is final court of is final court of appeal for all courts appeal for all courts & agencies & agencies [incl. state [incl. state supreme courts]supreme courts]

[Highest State courts][Highest State courts]

The U.S. Supreme CourtThe U.S. Supreme Court• Primary responsibilitiesPrimary responsibilities– Interpret lawInterpret law• The Constitution says what the Court says it The Constitution says what the Court says it

sayssays• E.g. E.g. Tinker v. Des Moines School Dist. (1969) Tinker v. Des Moines School Dist. (1969)

“speech” broadened to include “expression”“speech” broadened to include “expression”

– Judicial reviewJudicial review• All federal courts have the power to find acts All federal courts have the power to find acts

and laws to be and laws to be unconstitutionalunconstitutional• Not actually stated in the ConstitutionNot actually stated in the Constitution• Marbury v. Madison (1803)Marbury v. Madison (1803)

– Established Established precedentprecedent of judicial review of judicial review– Ruled that part of Judiciary Act of 1789 violated Ruled that part of Judiciary Act of 1789 violated

separation of powerseparation of power

• Supreme Court jurisdictionSupreme Court jurisdiction– Appellate [in most cases] – ruling on lower court Appellate [in most cases] – ruling on lower court

decisionsdecisions– Original [in rare cases] – diplomatic cases or if a state is Original [in rare cases] – diplomatic cases or if a state is

a party in the casea party in the case

• How many justices?How many justices?– 1 Chief Justice and 8 Associate Justices 1 Chief Justice and 8 Associate Justices = 9= 9

• The Court at workThe Court at work– Court in recessCourt in recess• Court and staff are receiving documentation and Court and staff are receiving documentation and

researching for pending cases researching for pending cases • or deciding whether or not to hear a caseor deciding whether or not to hear a case• rule of 4rule of 4• writ of certiorari writ of certiorari – order to lower court to s– order to lower court to send recordsend records

I will take this case all the way to I will take this case all the way to the Supreme Court …the Supreme Court …

• Writ of Certiorari (i.e."Rule of Four”)– Annual docket = 8,000 cases

• Fewer than 100 heard or reviewed• $300 filing fee– In forma pauperis= right to be heard at

no expense.– Often, interest groups will foot the bill.

• Quorum = 6

– Court in session• Lawyers from both sides have 30 minutes to give Lawyers from both sides have 30 minutes to give

oral arguments before the justicesoral arguments before the justices• Justices constantly interrupt with questionsJustices constantly interrupt with questions• Already have lawyers’ Already have lawyers’ briefsbriefs – their main – their main

arguments in outline form [hence – arguments in outline form [hence – briefcasebriefcase] ] [[amicusamicus briefs] briefs]

• Handing down Handing down rulingsrulings [the Court’s decision][the Court’s decision]

– Simple majority [5 out of 9] decidesSimple majority [5 out of 9] decides– Rulings are written as Rulings are written as opinionsopinions [3 kinds] [3 kinds]

» MajorityMajority opinion – decision of the majority and opinion – decision of the majority and reasons for the decisionreasons for the decision

» DissentingDissenting opinion – reasons for disagreeing with opinion – reasons for disagreeing with the majority ruling the majority ruling [often historically important][often historically important]

» ConcurringConcurring opinion – agrees with the majority but opinion – agrees with the majority but for different or additional reasonsfor different or additional reasons

– Opinions set Opinions set precedentsprecedents – adjusts how laws are applied – adjusts how laws are applied and/or provide arguments that can be used in later and/or provide arguments that can be used in later cases that deal with similar issuescases that deal with similar issues

Impact of RulingsImpact of Rulings• When making their decisions, SC justices consider the When making their decisions, SC justices consider the

following:following:1.1. StareStare DecisisDecisis or precedent...or precedent...– ““let the decision stand”. let the decision stand”. – Why important?Why important?

– Stability: Stability: Meaning of the law not always changingMeaning of the law not always changing– Legitimacy:Legitimacy: based upon prior, legal wisdom and judgment based upon prior, legal wisdom and judgment– Equality:Equality: more than one group makes the decision; more than one group makes the decision;

application over many groupsapplication over many groups2.2. Personal Personal IdeologyIdeology (Activism vs. Restraint?) (Activism vs. Restraint?)3.3. Public Public OpinionOpinion– See following slides for 2 & 3See following slides for 2 & 3

• Landmark Decisions: Landmark Decisions: – have profound affect on future meaning of the lawhave profound affect on future meaning of the law– Often a significant reinterpretation or application of previous Often a significant reinterpretation or application of previous

rulingsrulings

Landmark decisionsLandmark decisions• Set precedents for later rulings and key Set precedents for later rulings and key

interpretations/reinterpretations of the Constitutioninterpretations/reinterpretations of the Constitution• Can seriously affect social life of AmericansCan seriously affect social life of Americans

– Discrimination [Discrimination [Brown v. Board of Education 1954Brown v. Board of Education 1954] ] [cf. [cf. PlessyPlessy]]

– Power of the federal government [Power of the federal government [Marbury v. Madison Marbury v. Madison 18031803; ; McCulloch v. MD. 1824McCulloch v. MD. 1824]]

– Free speech/press [Free speech/press [Tinker v. Des Moines 1969; Texas v. Tinker v. Des Moines 1969; Texas v. Johnson 1989; New York Times v. United States 1971Johnson 1989; New York Times v. United States 1971]]

– Abortion and privacy [Abortion and privacy [Roe v. Wade 1973; Mapp v. Ohio Roe v. Wade 1973; Mapp v. Ohio 19611961]]

– Rights of the defendant [Rights of the defendant [Gideon v. Wainwright 1963; Gideon v. Wainwright 1963; Miranda v. Arizona 1965Miranda v. Arizona 1965]]

– Much, much more [religious freedom, gun ownership, Much, much more [religious freedom, gun ownership, property rights, etc.]property rights, etc.]

The 14The 14thth and selective and selective incorporationincorporation

• 1414thth Amendment Amendment applies Bill of applies Bill of Rights to State Rights to State lawlaw

• One at a time – One at a time – selectively – selectively – specific rights specific rights and protections and protections are brought are brought incorporated into incorporated into state lawstate law

• E.g. E.g. GideonGideon and and right to counselright to counsel

The Inferior Constitutional Courts: The Inferior Constitutional Courts: U.S. District Court & U.S. Court of AppealsU.S. District Court & U.S. Court of Appeals

Federal Circuit Court Districts, North Federal Circuit Court Districts, North CarolinaCarolina There are 94 Circuit Court There are 94 Circuit Court

Districts in the U.S.Districts in the U.S.

3 of them are in NC3 of them are in NC

The districts are apportioned The districts are apportioned according to population but according to population but each state has at least 1each state has at least 1

The Lower Federal CourtsThe Lower Federal Courts• U.S. District courtsU.S. District courts

– trial courtstrial courts• Testimony and evidenceTestimony and evidence• Jury decisionJury decision• Verdict of guilty/innocent in Verdict of guilty/innocent in

criminal casescriminal cases• Penalties and awards in civil Penalties and awards in civil

casescases– Federal crimesFederal crimes– Lawsuits to which the U.S. is a Lawsuits to which the U.S. is a

partyparty– Original jurisdiction within the Original jurisdiction within the

court’s districtcourt’s district– Concurrent jurisdiction in cases Concurrent jurisdiction in cases

that violate both federal and that violate both federal and state lawsstate laws

• U.S. Courts of AppealU.S. Courts of Appeal– Appellate courtsAppellate courts

• Evidence is lower court records Evidence is lower court records • Judges decide or rule on lower Judges decide or rule on lower

court decisionscourt decisions– Uphold [Uphold [stare Decisisstare Decisis]]– Reverse/overturnReverse/overturn– Remand Remand – Not decision of guilt or Not decision of guilt or

innocenceinnocence• Criminal or civil casesCriminal or civil cases

– Appellate jurisdictionAppellate jurisdiction within the within the court’s districtcourt’s district

• 1313thth Appeals Court is the Court of Appeals Court is the Court of Appeals for the Federal Circuit Appeals for the Federal Circuit – Nationwide jurisdictionNationwide jurisdiction