The Judicial Branch

Chapter 16: The Federal Courts

Nature of the Judicial System

Participants in the Judicial System

Litigants

Constitution limits federal judges to only deciding actual cases, not hypothetical situations. Jury of 12 citizens usually decides verdict.

Plaintiff brings charge against defendant. Plaintiff may be government. Cases named as Plaintiff vs. Defendant

Plaintiff must have standing to sue-serious interest in the case usually because they received a direct and substantial injury or are in immediate danger of one from the defendant. Cases on religion are exceptions. Class Action Lawsuits - cases in which few people sue for all people with a similar situation- broaden the scope of standing to sue grounds. Usefully in Civil cases

Case must be justiciable disputes meaning the issue must be one that can be resolved in a legal manner.

Attorneys

Lawyers are the people that fight the case on our behalf. Although the availability of lawyers to all is now better, the wealthy can usually afford attorneys that can invest more time and effort into winning the case. Poorer citizens are provided lawyers by the Legal Services Corporation.

Groups

Interest groups are most successful.

NAACP: Brown vs. Board of Education (1945) - "separate but equal" (Thurgood Marshall)

American Civil Liberties Union (ACLU)-principle took priority over a particular client

Amicus Curiae ("friend of the court") Briefs - Interest groups or other non-litigants indirectly argue for a case by submitting a brief containing more/other information than the ones the attorneys submit

The Structure of the Federal Judicial System

Introduction

Because the constitution stated only that there would be a supreme court, it was up to the supreme court to establish the system.

Judiciary Act of 1789 - congress created constitutional courts-have protections against removal or salary reductions

Legislative Courts - judges have fixed terms of office and lack protections against removal or salary reductions. They apply body of law to cases but don't have power of judicial review.

Court of Military Appeals, Court of Claims, Court of International Trade, and Tax Court are examples.

Courts of general jurisdiction are district, appeals, and supreme court. They have Original Jurisdiction- hear most cases (as a trial) first. They determine whether the case is a criminal charge or civil suit. Most cases start and end here.

Cases can be appealed by lawyers to courts with Appellate Jurisdiction - hear a case appealed from a lower court. they don't review factual records, only legal issues that are involved.

District Courts

District Courts - where most federal litigation begins. there are 91 district courts. They hold trials and impanel juries. they cover

federal crimes

civil suits under federal law

civil suits between citizens of different states when amount is more than $75000

supervision of bankruptcy

review of actions of some federal administrative agencies

supervision of naturalization

Judges are assisted by clerks, bailiffs, law clerks, stenographers, court reporters, probation officers, U.S. Marshals (protect judicial process and serve writs issued by judges), Federal magistrates (8 year terms. issue arrest warrants, decide on grand jury for detained, set bail, and preside over some cases)

US attorney nominated by the president and confirmed by senate, prosecute violations of federal law and represent the US government in civil cases.

Court of Appeal

Court of Appeal - reviews final decisions of district courts, review and exchanges orders of many federal regulatory agencies.

12 judicial circuits. each has at least 2 states. Each normally hears cases in rotating panels of 3 judges but en banc (all present) is possible. Decision made by majority vote.

US Court of Appeals for the federal circuit has 12 judges. Established by congress in 1982 to hear special appeals (patent cases, claims against US, and international trade)

The Supreme Court

Supreme Court - ensures uniformity in interpreting national laws, resolves conflicts among states, and maintains national supremacy in law.

9 justices, 8 associates, and 1 chief justice. Number not set. has been 9 since Ulysses S Grant though.

Has original jurisdiction but most cases are appeals from either state or federal courts. Will not solve matters of state law or determine guilt or innocence of state criminal proceedings.

The Politics of Judicial Selection

The Lower Courts

Senatorial Courtesy - nominations for federal judicial positions are not confirmed when opposed by a senator of the presidents party from the state in which the nominee is to serve or from the state of the nominees residence.

White House, Department of Justice, and Federal Bureau of Investigation conduct competency and background checks on potential nominees. Candidates are often active on their own behalf. The president has more influence in selection of judges to the federal courts of appeal than to federal district courts.

Individual senators are have a less likely chance to determine who the nominee will be because the jurisdiction of an appeals court cover several states.

The Supreme Court

The president is very interested in the Supreme Court. When the chief justice's position opens up, the president may nominate either someone already on the Court or someone from outside to fill the position. Usually someone already on the court to widen range of options

The president has fewer constraints when nominating someone to serve on the Supreme Court than nominating people to be judges in the lower courts. He relies on the attorney general and the Department