Unit 3: The Judiciary

Unit 3: The Judiciary

1. structure of federal court system...

   • dont need to know state apparently... not in notes... 
   • US Supreme Court
     • established by Article III of Costitution
   • "inferior courts"
     • district courts
       • 94 federal district courts (at least 1 per state)
       • Number per state depends on population
     • appellate courts
       • 13 circuit courts of appeal (12 regional districts and 1 for federal circuit in D.C.)
     • Specialty courts
       • US Court of Appeals for the Armed Forces
       • US Court of International Trade US Tax Court US Court of Appeals for Veteran Claims
       • US Court of Federal Claims (private claims against the US government)
       • created by congress to address specific needs
   • 2 Categories of Law
     • civil
     • criminal

2. supreme court

   • doesn't have to hear any case it doesn't want to hear
   • jurisdiction...
     • (a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between 2 or more states
     • (b) the Supreme court shall have original but not exclusive jurisdiction of
       • 1. All (legal) actions (including) ambassadors, other public ministers, consuls or vice consuls of foreign states
   • 8 justices, 1 chief justice

3. how cases get to (supreme) court

   • 1. Apply for a writ of certiorari
     • means “to be certified”
     • written order to certify the records of a lower court and send them up to a higher court
     • these petitions read by law clerks first
       • Generally young, like late 20s
       • Graduates who have typically been at the top of their class in the most prestigious law schools in the US
     • Justices conference on summaries and recommendations provided by clerks to decide which petitions to hear
   • 2. Rule of 4
     • typically 2% or fewer cases requesting consideration are heard
     • 4/9 Judges must accept
     • Cases accepted based on significance and potential for establishing precedence, and to resolve conflicting case law
     • “Stare decisis” - let the decision stand - the principle that it is best to uphold other court decisions except in certain cases
   • once accepted...
     • Oral arguments presented - limited to 30 minutes per side
     • Q&A w/ Qs from judges
       • often sarcastic
     • Justices conference
     • each judge Issues formal opinions
       • often avoid answering big questions (ie: abortion...)
         • cases about same sex marriage have been specific things, never really saying if marriage is constitutional or not

4. Judicial Review

   • The power of the courts (not just supreme court) to declare acts of congress or the president unconstitutional
     • Any appellate court can do judicial review
     • Judicial review is not automatic-a case must be brought before the court and accepted for consideration
     • Not just a power, but a principle of American government
   • established by Marbury v Madison

5. role of judiciary: to interpret laws

   • The meaning of laws depends on exact understanding of definition and intent; Precision of language, definitions
     • Legal documents are very careful to define all questionable terms...however
     • Disagreements about meaning/intent of laws are the reason lawyers exist
     • Lawyers seek to clarify definitions as well as “loopholes”
     • No matter how clear it is, people will try to use the law to their advantage based on what is there or not there
   • THE LAW DOES NOT CARE ABOUT JUSTICE. THE LAW CARES ABOUT WHAT THE LAW SAYS

6. forms of law

   • Statute Law- formal laws created by state/federal legislatures
   • Case Law (common law)- legal interpretations are shaped by all previous case rulings-- legal precedent
   • Administrative law (regulations) - established by bureaucratic agencies to carry out their statutory mandates
     • mandate, in this case, means orders: not specifically orders of an elected official from its constituency

7. jurisdiction

   • Exclusive Jurisdiction- authority to hear a type of case is limited to one specific level of court (ie: federal or state)
   • Concurrent jurisdiction - authority to hear a type of case can be heard by federal or state courts
   • Original jurisdiction - refers to a court’s ability to hear a case first
   • Appellate Jurisdiction: refers to a courts' ability to hear cases on appeal
   • an area of authority (area can mean geographic or type of law)

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