judiciary

The JudiciaryThe Judiciary

Why are courts important?

““Cult of the Robe”Cult of the Robe”

Procedural FairnessProcedural Fairness

The American Justice SystemThe American Justice SystemThe Adversarial

System

Judges serve as relatively

passive and detached

referees who do not argue with attorneys or

challenge evidence

The Inquisitorial System

Judges take an active role in

discovering and evaluating

evidence, will question

witnesses and intervene as

deemed necessary

The American Justice SystemThe American Justice System

Dual Court SystemDual Court System

Two court systems – federal and state – operate at the same time within the same

geographic area.

Federal Courts

The Courts and the ConstitutionThe Courts and the Constitution

““The judicial Power of the United The judicial Power of the United States, shall be vested in one States, shall be vested in one supreme Court, and in such supreme Court, and in such inferior Courts as the Congress inferior Courts as the Congress may from time to time ordain may from time to time ordain and establish.”and establish.”

“The Least Dangerous Branch”

Neither the Purse nor the Sword

Judiciary Act of 1789

Structure of the Federal Courts

Specialty CourtsSpecialty Courts

In addition to the regular federal In addition to the regular federal courts, Congress has established courts, Congress has established courts for certain specialized areas of courts for certain specialized areas of the law.the law.

E.g. U.S. Claims Court, U.S. Court of E.g. U.S. Claims Court, U.S. Court of International Trade, and U.S. Court of International Trade, and U.S. Court of Military AppealsMilitary Appeals

Jurisdiction

The ability of a court to hear a particular type

of case.

Jurisdiction of Federal CourtsJurisdiction of Federal Courts

Cases involving the Constitution, Cases involving the Constitution, federal statutes and treaties.federal statutes and treaties.


Cases involving the Constitution, federal statutes Cases involving the Constitution, federal statutes and treaties.and treaties.

Ambassadors, other public ministers Ambassadors, other public ministers and consuls.and consuls.



Ambassadors, other public ministers and consuls.Ambassadors, other public ministers and consuls.

Admiralty and maritime issues. Admiralty and maritime issues.



Ambassadors, other public ministers and consuls.Ambassadors, other public ministers and consuls.

Admiralty and maritime issues.Admiralty and maritime issues. Controversies to which the US Controversies to which the US

government is a party.government is a party.



Ambassadors, other public ministers and consuls.Ambassadors, other public ministers and consuls. Admiralty and maritime issues. Admiralty and maritime issues. Controversies to which the US government is a Controversies to which the US government is a

party.party.

Disputes between two or more Disputes between two or more states.states.




party.party. Disputes between two or more states.Disputes between two or more states.

Disputes between a state and Disputes between a state and citizens of another state. citizens of another state.




party.party. Disputes between two or more states.Disputes between two or more states. Disputes between a state and citizens of another Disputes between a state and citizens of another

state. state.

Disputes between citizens of different Disputes between citizens of different states.states.

Jurisdiction of Federal CourtsJurisdiction of Federal Courts Cases involving the Constitution, federal statutes and Cases involving the Constitution, federal statutes and

treaties.treaties. Ambassadors, other public ministers and consuls.Ambassadors, other public ministers and consuls. Admiralty and maritime issues. Admiralty and maritime issues. Controversies to which the US government is a party.Controversies to which the US government is a party. Disputes between two or more states.Disputes between two or more states. Disputes between a state and citizens of another Disputes between a state and citizens of another

state. state. Disputes between citizens of different states.Disputes between citizens of different states. Disputes between states (or their Disputes between states (or their

citizens) and foreign states (or their citizens) and foreign states (or their citizens).citizens).

Federal District Courts

Original Jurisdiction

Types of LawTypes of Law

Criminal LawCriminal Law Prosecutions for violations of criminal Prosecutions for violations of criminal

statutes; laws for protection of societystatutes; laws for protection of society

Civil LawCivil Law Suits for financial compensation for Suits for financial compensation for

contract violations, personal injury, &c.; contract violations, personal injury, &c.; also injunction against government or also injunction against government or private action private action

Appellate Courts

Appellate vs. Trial CourtsAppellate vs. Trial Courts

Do not hear new cases.Do not hear new cases. Law vs. factLaw vs. fact No new evidence or witnessesNo new evidence or witnesses Only consider points of law under Only consider points of law under

disputedispute Most decisions are finalMost decisions are final

ProcedureProcedure

Three judge panel receives written Three judge panel receives written briefs from the litigantsbriefs from the litigants

Panel hears oral arguments on the Panel hears oral arguments on the legal questions raised in the briefslegal questions raised in the briefs

Issues decision, usually accompanied Issues decision, usually accompanied by a written opinionby a written opinion

Stare Decisis

Supreme CourtSupreme Court


The Supreme Court is the final The Supreme Court is the final arbitrator for matters concerning arbitrator for matters concerning

federal laws and the U.S. Constitutionfederal laws and the U.S. Constitution


The Court has nearly complete control The Court has nearly complete control over what cases it will hear.over what cases it will hear.

Writ of Certiorari

(also known as cert)

The Cert ProcessThe Cert Process

After losing in a lower court (Court of After losing in a lower court (Court of Appeals or state high court), losing Appeals or state high court), losing litigant asks the Court to grant certlitigant asks the Court to grant cert

Court receives more than 8,000 of Court receives more than 8,000 of these petitions annuallythese petitions annually

Only about 80 are granted with full Only about 80 are granted with full considerationconsideration

The Rule of Four

Decision ProcessDecision Process

Merit BriefsMerit Briefs

Oral ArgumentsOral Arguments

Justices’ ConferenceJustices’ Conference

OpinionsOpinions

Legal BriefsLegal Briefs

After cert is granted, justices invite After cert is granted, justices invite litigants to submit new briefslitigants to submit new briefs

Amicus CuriaeAmicus Curiae may also submit may also submit briefsbriefs

Oral ArgumentsOral Arguments

Generally limited to one hour – 30 Generally limited to one hour – 30 minutes per sideminutes per side

Justices frequently interrupt with Justices frequently interrupt with questionsquestions

These arguments are thought to These arguments are thought to have little effect on justices decision-have little effect on justices decision-making, and some completely ignore making, and some completely ignore themthem

ConferenceConference

No one knows exactly what goes on No one knows exactly what goes on inside conferenceinside conference

Justices takes turns stating their Justices takes turns stating their positions and voting on the casepositions and voting on the case

Opinion assignments are madeOpinion assignments are made

OpinionsOpinions

Majority Opinion – “Opinion of the Majority Opinion – “Opinion of the Court”Court”

Concurring OpinionConcurring Opinion

Dissenting OpinionDissenting Opinion

Qualifications of Federal JudgesQualifications of Federal Judges

Constitutional RequirementsConstitutional Requirements

Qualifications of Federal JudgesQualifications of Federal Judges

Law Degrees

Race & Gender

Age

Judicial Experienc

e

Diversity in the Judiciary

Diversity in the Federal Judiciary

The Role of PoliticsThe Role of Politics

Appointment ProcessAppointment Process

Appointed by the president Appointed by the president with the “advise and consent” with the “advise and consent”

of the Senateof the Senate

Appointment ProcessAppointment Process

Because of the Because of the power wielded power wielded by the Supreme by the Supreme Court, presidents Court, presidents take a personal take a personal interest in interest in selecting selecting appointeesappointees

Political Litmus TestsPolitical Litmus Tests

Litmus Test

In political terms, a person’s stand on a key issue that determines whether he or she will be appointed to

public office or supported in electoral campaigns

Political Litmus TestsPolitical Litmus Tests

Except for Robert Except for Robert Bork, most judicial Bork, most judicial

nominees have nominees have refused to answer refused to answer

questions that might questions that might reveal how they reveal how they

would decide a casewould decide a case

Senatorial Courtesy

Judicial TenureJudicial Tenure

The Constitution stipulates that The Constitution stipulates that federal judges “shall hold their federal judges “shall hold their Offices during good Behavior”Offices during good Behavior” Interpreted to mean a life term Interpreted to mean a life term

Judges cannot be removed for any Judges cannot be removed for any reason by a President and Congress reason by a President and Congress cannot impeach judges because they cannot impeach judges because they don’t like their decisionsdon’t like their decisions

judiciary

Documents

federal statutes

regular federal courts

court systems federal

inferior courts

specialty courts

courts important

public ministers

maritime issues