Federal Judiciary Keynote


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  • 1816 - loyalist land in n neck of va - state ruled us treaty concerning loyalist property confiscated during Am Rev meant va could supercede treaty and keep land - sc said no - reprimmanded back to va -they said sc couldn’t review state law- sc said yes they could
  • 1816 - loyalist land in n neck of va - state ruled us treaty concerning loyalist property confiscated during Am Rev meant va could supercede treaty and keep land - sc said no - reprimmanded back to va -they said sc couldn’t review state law- sc said yes they could
  • SC - SC - A-SC-SC-A
  • 5th protects citizen’s life liberty property w due process from fed gov’t
    14th extends 5th by ensuring “equal protection under the law”
    due process- guards indiv rights from infringement by state or fed gov
    substantive asks if law itself is fair

  • real harm- someone must have been “wronged” in order for there to b a case i.e. Plessy V Furgerson- Plessy got on the train to B segregated
    not a matter of arguing ideologies though that may come into play

  • criminal - warrants a punishment b/c crime was committed (murder, burglery)
    civil- no charge of criminality- no law violated (divorce)
  • explain admiralty
    Snipers - both, why state of Va? death penalty
    OK city bombers - that was in a federal building. Tried in Co.
  • *concurrent also consider snipers
    original - power to hear/decide case for the first time
    appellate - power of higher court to correct decision of lower court
  • Provide note page/diagram here
    specialized courts - claims of $ damages against US gov’t, unlawful seizure of private propety by gov’t
  • indictments -formal accusation of a crime (no guilt or innocence). Enough evidence to have a trial b/c possib of committed crime exists
    verdict- guilt or innocent

  • “riding the circuit” justices visiting circuit courts
    considers gay marriage cases (Ca, Vt, Ma)

  • for federal court - only 12 impeachments
    * Senatorial courtesy
    ABA influence - send message support/opposition
    Harriet Miers

  • lower fed court judges are also chosen for life, hear more cases than SC b/c most cases are decided at the lower level

  • when on circuit they don’t usually sit on courts but can stay executions, grant bail, etc

  • Alito - generally views restrictions on Pres power as unconstitutional, narrow view of defendants rts, church state restrictions, AS LAWYER IN 3rd Dist Ct Appeals -in Planned Phood v Casey upheld prov of Pa law req spousal notification - SC overruled this decisin in ’91, citing it as undue burden

  • most SC cases are heard on appeal
  • writ of certiorari must come from “US Court of Appeals” or state court of last resort. Must involve a federal question
  • see diagram
  • show amicus curiae

  • Federal Judiciary Keynote

    2. 2. JUDICIAL REVIEW Which case established federal judicial review for national gov’t? Which case established judicial review for state law?
    3. 3. JUDICIAL REVIEW Which case established federal judicial review for national gov’t? Marbury v Madison Which case established judicial review for state law?
    4. 4. JUDICIAL REVIEW Which case established federal judicial review for national gov’t? Marbury v Madison Which case established judicial review for state law? Martin v Hunter’s Lessee
    5. 5. PRINCIPLES OF THE JUDICIAL SYSTEM Strict Constructionalist or Judicial Activist Allow the decisions of other branches to stand Use their power broadly to further justice http://thevoiceforschoolchoice.files.wordpress.com/2008/12/judicial-activism.jpg http://i50.photobucket.com/albums/f327/jackgreen7/stahler0626.gif
    6. 6. PRINCIPLES OF THE JUDICIAL SYSTEM Equal Justice Under The Law -everyone receives equal treatment Due Process -application of the law in a fair manner (5th and 14th amendments) - types of due process procedural= certain procedures must be followed so that individual freedom is guaranteed substantive= content of the law must be reasonable
    7. 7. PRINCIPLES OF THE JUDICIAL SYSTEM Adversary System J = judge/jury who are passive decision makers P/D = prosecutor or plaintiff/defense who are advocates for their “cause.”
    8. 8. PRINCIPLES OF THE JUDICIAL SYSTEM Presumption of Innocence - not mentioned in the Constitution - rooted in English Common Law - Burden of proof is on the Prosecution Justiciable Disputes - there must be “real harm” - case must be able to be settled as a matter of law
    10. 10. FEDERAL COURT SYSTEM Types of cases criminal law - the gov’t charges an individual with violating a specific law civil law - the court resolves a dispute b/w 2 or more people and defines the relationship b/w them
    11. 11. FEDERAL COURT SYSTEM Federal Jurisdiction 1. Subject matter - interpretation of the Constitution/fed laws - federal law or foreign treaty - admiralty or maritime law - bankruptcy 2. Parties involved - foreign ambassadors, diplomats - two or more state gov’ts - US gov’t or agency - citizens of different states - state (citizen) & foreign country (citizen)
    12. 12. FEDERAL COURT SYSTEM Federal Jurisdiction 3. Concurrent Jurisdiction - cases that may be tried in either a state (they hear the majority of cases w/in the U.S.) or federal court such as when state and federal laws are broken 4. Original Jurisdiction - the court where a case is first tried (in criminal cases will one judge and jury) 5. Appellate Jurisdiction - may uphold, reverse, or modify lower court rulings (will have multiple judges)
    13. 13. THE STRUCTURE OF THE FEDERAL JUDICIAL SYSTEM either state or as usual - appellate appellate courts courts of original jurisdiction state courts
    14. 14. FEDERAL COURT SYSTEM Federal Court Structure - (original) District Courts (94) - does 90% of cases -trial courts of original jurisdiction for criminal & civil cases - grand jury (16-23) hears charges & issues indictments in cases with enough evidence - trial of original jurisdiction is before a petit jury (12) which renders a verdict
    15. 15. FEDERAL COURT SYSTEM Court of International Trade - civil cases involving foreign business and imports U.S. Claims Court damages/unlawful seizure - claims against US govt or its officials of private property U.S. Tax Court - disputes between citizens and the IRS Territorial Courts - for Virgin Islands, N. Mariana and Guam Court of the District of Columbia Superior Court - trial court Military Courts - courts of services, courts of military review, court of veteran appeals
    16. 16. FEDERAL COURT SYSTEM Federal Court Structure (Appellate) each contains q # of Federal Court of Appeals (12) districts courts (at least 1 in each state - trial - divided into 12 circuits courts) 90% of cases begin here - each circuit has from 5-27 judges & a SC justice assigned to it - only have appellate jurisdiction - can review cases and Independent Regulatory Agencies (FCC, SEC, etc.)
    17. 17. FEDERAL COURT SYSTEM Virginia is the 4th Circuit
    18. 18. FEDERAL COURT SYSTEM Circuit Court of Appeals for the Federal Circuit - hears cases from Claims Court, Court of International Trade, and U.S. Patent - appellate jurisdiction Court of Military Appeals - reviews decisions of military courts Courts of the District of Columbia - Court of Appeals - appellate jurisdiction
    20. 20. FEDERAL COURT JUDGES Constitutional Provisions - Article II: appointed by President with consent of Senate for life terms - Removal by impeachment for bribery, treason, or high crime complete list at http://www.fjc.gov/history/home.nsf/page/topics_ji_bdy Selection Process - President makes list (same judicial philosophy) - ABA & interest groups try to influence - Senate Judiciary Comm. holds hearings & recommends to Senate for full vote - very partisan process (very apparent with Roberts/Alito/Sotomayor nominations)
    22. 22. FEDERAL COURT JUDGES Politics of Selection - selection for lower federal courts has a long term effect on the judicial process - lower courts selection often gives broader influence for President than SC choices Supreme Court Justice Selection - same selection process as lower courts - more political pressure and media - Chief Justice can be from current Court or new to the SC
    24. 24. SUPREME COURT ROLES Chief Justice -does not have to be current member of the Supreme Court - Nominated by President, confirmed by Senate - Serves for life as long as on “good behavior” - Vote weighs the same - Ultimately decides which cases are heard (in a sense, this makes he makes the discuss list) Associate Justices (8) - sit and speak according to rank (seniority) - most junior justice is on the far right - in charge of a circuit
    25. 25. Ginsburg Breyer Roberts Scalia Alito Sotomayor Kennedy Thomas Stevens
    26. 26. TODAY’S COURT Stevens: Senior most (Ford, ’75) liberal Scalia (Reagan, ’86) Conservative Kennedy: (Reagan, ’86) swing bloc, Republican Thomas (Bush, ’91) Conservative Ginsburg: (Clinton, ’93) Liberal Breyer: (Clinton, ’94) Liberal Roberts: Chief Justice (Bush, ’05) Conservative Sotomayor: junior most (Obama, ’09) Liberal Alito: (Bush, ’06) Conservative
    28. 28. THE SUPREME COURT Types of cases Restriction on cases - must be live between 2 adversaries - must involve real harm - must be substantial federal question - no political questions - go back to Ex and Legisl. - use only cases sent - no enforcement power Original Jurisdiction (less than 1%) - involve a state or diplomatic question
    29. 29. THE SUPREME COURT Appellate Jurisdiction 1) cases on appeal where lower court has ruled on a constitutional question - accepted under the “rule of four” - most are dismissed (not accepted) 2) - writ of certiorari is the main route to SC and is an order from a lower court asking for a case to be handed up for review - certification appeals heard from Dist Ct b/c of importance they skip middle tier (U.S. v Nixon)
    30. 30. THE SUPREME COURT Selection of cases Discuss list made up of: - Chief Justice’s suggested cases from cert. requests and added to by other justices - made up first by justices’ law clerks - rejected require no reason for refusal - just say cert “denied” - rule of four for discussion - final cases selected by justices becomes the Orders list or docket
    31. 31. THE SUPREME COURT Decision Process Per Curiam these cases are decided w/o oral arguments Full Consideration -briefs are filed by lawyers involved as well as amicus curiae or friends of the court (interested parties) - oral arguments allow each side 30 minutes w/ questioning by the judges - Friday Conferences discussion of cases & vote where only a simple majority (5-4) is necessary - votes based on precedent & rule of law
    32. 32. THE SUPREME COURT Writing the Opinion Written announcement of the Court’s opinion (delivered in the spring) Types - unanimous (9-0) - majority: expresses the views of the majority when the Court is divided -concurring: agree with the majority but for different legal reasons - dissenting: those not in agreement with majority state why
    33. 33. THE SUPREME COURT Writers - Chief Justice writes if he is in majority or may assign to another Justice - Chief Justice writes is he is in the minority or may assign - Writers circulate drafts which are commented on with much compromising - occasionally justices will change sides which might change final decision
    34. 34. THE SUPREME COURT Factors that influence decisions and policy - the law and the Constitution - Judicial Philosophy of the justices - activism - should make bold policy decisions and use the cases to chart new constitutional ground - restraint - play a minimal policymaking role and leave policy to the legislative branch -Relationships among the Justices (can be seen in number of concurring & dissenting opinions)
    35. 35. THE SUPREME COURT Factors that influence decisions and policy (cont) - Role of the Chief Justice - Social Forces: courts are influenced by values and beliefs of the times - Other branches of gov’t: through Presidential appointments and Congressional legislation aimed at repealing court decisions (i.e. Flag Protection Act after Texas v Johnson)
    36. 36. THE SUPREME COURT Reading of the Opinion - Read in Court on special days - usually from April to June or July - Majority opinion writers delivers summary as do dissenters - Opinions released to the media - Usually save the most controversial for the last