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Courts

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This document provides an overview of the US legal system. It discusses how the system aims to provide security, predictability, and enforce societal values through substantive and procedural law. It also outlines different types of crimes and offenses, as well as how cases are handled in state and federal court systems from trial courts up to the US Supreme Court. The nomination and confirmation process for Supreme Court justices is also summarized.

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POL 140 Fall 2014
Courts
Courts
 Provide Security  Provide Predictability  Conflict Resolution  Reflect and Enforce Conformity to Societal Values  Distribute Benefits and Allocate Costs of Society
Courts
 U.S. system based on English common law  Importance of precedent  Sixth Amendment  "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury..”
Courts
SUBSTANTIVE LAW  Actions we can and cannot legally perform under law PROCEDURAL LAW  Establishes procedures used to conduct the law
 Behaviors threatening, harming, or endangering safety and welfare of citizens  Crimes against State  Examples: Theft, Assault, Robbery, Murder  Jail time or community service
FELONIES  Murder, arson, burglary, kidnapping  Jail time  Longer-term consequences such as loss of voting rights MISDEMEANORS  Disorderly conduct, trespassing, vandalism  Probation or community service
 Regulate interactions between individuals  Plaintiff sues Defendant  Examples:  Defacing property  Causing physical harm  Failing to live up to contractual obligation
 Statutory Law:  Laws made by federal or state legislatures  Examples: Acts of Congress, public laws, etc.  Administrative Law:  Laws established by bureaucracy  Examples: Food products, tax deductions, etc.
Courts
 Article 3, Section 1:  “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish.”
 Judges keep jobs for “good behavior” in office  Establishes jurisdiction of Supreme Court  Jurisdiction = Lawful authority of a court
 Founders had little experience with judiciary  Violating authority of state courts
 How many members will be on the Supreme Court?  Will there be lower courts? If so, what will they look like?  What actual powers will the judiciary have?
Courts
STATE SUPREME COURT APPELLATE COURT TRIAL COURT
 Trial Court  Cases heard for first time under original jurisdiction  Court of Appeals  Hear appeals from trial courts  State Supreme Court  All decisions are final—unless involve a federal question and can then move to federal court system
U.S. SUPREME COURT . APPELLATE COURTS DISTRICT COURTS
DISTRICT COURTS  Trial courts of federal system  94 district courts  Original jurisdiction over Constitutional questions  Criminal and civil cases heard at this level APPELLATE COURTS  12 Circuit Courts  Appellate jurisdiction; Cases come from other courts  Decisions by three judges
Courts
Courts
Courts
 Politicization occurs when we bring something— (e.g. public interest) into politics  Politicization affects all branches of govt.  Bigger issue for courts than other branches
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Chief Justice John Marshall
Courts
Courts
 Politics vs. Court Integrity  What would you have decided if you had been on the Marshall Court?
 Establishment of Judicial Review  Power of courts to determine whether a law or parts of laws are constitutional  Check on President and Congress
Courts
Courts
Since the 1930s, the Supreme Court has been active on a number of important political and social issues.
Courts
Gerald Ford John Paul Stevens
 Nominee’s Ideological and Policy Preferences  Judicial Competence  Demographic Factors  Political Environment
 Views hot-button issues could tip the Court (and future decisions) in president’s favor
 Nominating someone seen as generally qualified can quicken confirmation process George W. Bush nominating White House Counsel Harriet Miers for a vacancy on the Supreme Court. Miers eventually withdrew her nomination.
Thurgood Marshall Sandra Day O’Connor Sonia Sotomayor
 What factors should a president consider?  Approval Rating ▪ High approval (60-70%) = Strong and Effective ▪ Low approval (20-30%) = Weak and Ineffective  Senate Control  Legislative Goals
Courts
ORIGINAL JURISDICTION  Straight to Supreme Court  Many types of cases APPELLATE JURISDICTION  Heard on appeal from lower court  Majority of cases  Writ of certiorari : Court agrees to review a case on appeal
 Four justices must agree hear a given case (“Rule of Four”)  Who else has influence over the Court?  Solicitor General  Amicus curiae briefs
Courts
 Legal Model  Attitudinal Model  Strategic Model
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 Focus on legal principles  Justices’ legal expertise important to decipher correct interpretation of law  How can the Constitution be interpreted?
JUDICIAL RESTRAINT  Tradition and precedent  Decisions overturned when they violate Constitution JUDICIAL ACTIVISM  New legal principles  More leeway when deciding whether to uphold precedent
Courts
 Focuses on justices’ policy preferences  How do we know what preferences are?  Party of President making appointment  Examples: George W. Bush; Barack Obama
Courts
EXTERNAL IMPACT  Larger political environment INTERNAL IMPACT  Reaching decisions between justices
Courts
 Majority Opinion  Plurality Opinion  Concurring Opinion  Dissenting Opinion
 Opinion of the majority of justices stating why they ruled in a case  If Chief Justice is in majority  Chief Justice assigns majority opinion  If Chief Justice is NOT in majority  Associate Justice with most seniority assigns majority opinion
 Opinion occurring in absence of majority  Justices agree on decision but NOT legal basis  Presents view held by “winning” justices
 Opinion of one of more justices  Agree with majority decision  Disagree with majority’s reasoning
 Opinion of one or more justices  Disagree with the majority’s decision  Disagree with reasoning behind it  Important for “losing” justices

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Courts

  • 4.  Provide Security  Provide Predictability  Conflict Resolution  Reflect and Enforce Conformity to Societal Values  Distribute Benefits and Allocate Costs of Society
  • 6.  U.S. system based on English common law  Importance of precedent  Sixth Amendment  "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury..”
  • 8. SUBSTANTIVE LAW  Actions we can and cannot legally perform under law PROCEDURAL LAW  Establishes procedures used to conduct the law
  • 9.  Behaviors threatening, harming, or endangering safety and welfare of citizens  Crimes against State  Examples: Theft, Assault, Robbery, Murder  Jail time or community service
  • 10. FELONIES  Murder, arson, burglary, kidnapping  Jail time  Longer-term consequences such as loss of voting rights MISDEMEANORS  Disorderly conduct, trespassing, vandalism  Probation or community service
  • 11.  Regulate interactions between individuals  Plaintiff sues Defendant  Examples:  Defacing property  Causing physical harm  Failing to live up to contractual obligation
  • 12.  Statutory Law:  Laws made by federal or state legislatures  Examples: Acts of Congress, public laws, etc.  Administrative Law:  Laws established by bureaucracy  Examples: Food products, tax deductions, etc.
  • 14.  Article 3, Section 1:  “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish.”
  • 15.  Judges keep jobs for “good behavior” in office  Establishes jurisdiction of Supreme Court  Jurisdiction = Lawful authority of a court
  • 16.  Founders had little experience with judiciary  Violating authority of state courts
  • 17.  How many members will be on the Supreme Court?  Will there be lower courts? If so, what will they look like?  What actual powers will the judiciary have?
  • 19. STATE SUPREME COURT APPELLATE COURT TRIAL COURT
  • 20.  Trial Court  Cases heard for first time under original jurisdiction  Court of Appeals  Hear appeals from trial courts  State Supreme Court  All decisions are final—unless involve a federal question and can then move to federal court system
  • 21. U.S. SUPREME COURT . APPELLATE COURTS DISTRICT COURTS
  • 22. DISTRICT COURTS  Trial courts of federal system  94 district courts  Original jurisdiction over Constitutional questions  Criminal and civil cases heard at this level APPELLATE COURTS  12 Circuit Courts  Appellate jurisdiction; Cases come from other courts  Decisions by three judges
  • 26.  Politicization occurs when we bring something— (e.g. public interest) into politics  Politicization affects all branches of govt.  Bigger issue for courts than other branches
  • 28. Chief Justice John Marshall
  • 31.  Politics vs. Court Integrity  What would you have decided if you had been on the Marshall Court?
  • 32.  Establishment of Judicial Review  Power of courts to determine whether a law or parts of laws are constitutional  Check on President and Congress
  • 35. Since the 1930s, the Supreme Court has been active on a number of important political and social issues.
  • 37. Gerald Ford John Paul Stevens
  • 38.  Nominee’s Ideological and Policy Preferences  Judicial Competence  Demographic Factors  Political Environment
  • 39.  Views hot-button issues could tip the Court (and future decisions) in president’s favor
  • 40.  Nominating someone seen as generally qualified can quicken confirmation process George W. Bush nominating White House Counsel Harriet Miers for a vacancy on the Supreme Court. Miers eventually withdrew her nomination.
  • 41. Thurgood Marshall Sandra Day O’Connor Sonia Sotomayor
  • 42.  What factors should a president consider?  Approval Rating ▪ High approval (60-70%) = Strong and Effective ▪ Low approval (20-30%) = Weak and Ineffective  Senate Control  Legislative Goals
  • 44. ORIGINAL JURISDICTION  Straight to Supreme Court  Many types of cases APPELLATE JURISDICTION  Heard on appeal from lower court  Majority of cases  Writ of certiorari : Court agrees to review a case on appeal
  • 45.  Four justices must agree hear a given case (“Rule of Four”)  Who else has influence over the Court?  Solicitor General  Amicus curiae briefs
  • 47.  Legal Model  Attitudinal Model  Strategic Model
  • 49.  Focus on legal principles  Justices’ legal expertise important to decipher correct interpretation of law  How can the Constitution be interpreted?
  • 50. JUDICIAL RESTRAINT  Tradition and precedent  Decisions overturned when they violate Constitution JUDICIAL ACTIVISM  New legal principles  More leeway when deciding whether to uphold precedent
  • 52.  Focuses on justices’ policy preferences  How do we know what preferences are?  Party of President making appointment  Examples: George W. Bush; Barack Obama
  • 54. EXTERNAL IMPACT  Larger political environment INTERNAL IMPACT  Reaching decisions between justices
  • 56.  Majority Opinion  Plurality Opinion  Concurring Opinion  Dissenting Opinion
  • 57.  Opinion of the majority of justices stating why they ruled in a case  If Chief Justice is in majority  Chief Justice assigns majority opinion  If Chief Justice is NOT in majority  Associate Justice with most seniority assigns majority opinion
  • 58.  Opinion occurring in absence of majority  Justices agree on decision but NOT legal basis  Presents view held by “winning” justices
  • 59.  Opinion of one of more justices  Agree with majority decision  Disagree with majority’s reasoning
  • 60.  Opinion of one or more justices  Disagree with the majority’s decision  Disagree with reasoning behind it  Important for “losing” justices