The U.S. has a parallel system of
state and federal courts
State Court System
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All 50 states have their own court system
Powers come from state constitutions and
state law
Federal Court System
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The Supreme Court
Lower federal courts established by
Congress
Powers come from the Constitution and
federal laws
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Jurisdiction: the authority to hear certain
cases
State Court Jurisdiction
Hear cases involving
state laws
Federal Court Jurisdiction
Hear cases involving federal
laws, treaties, Constitutional
interpretation, bankruptcy,
maritime law
Concurrent Jurisdiction
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Both federal and state courts have
jurisdiction
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Cases involving citizens of different states in a
dispute concerning at least $75,000 may be
tried in either
Must be held in federal court if person being
sued insists
Original Jurisdiction
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The authority to be first to hear a case
 Trial Court: where a case is originally heard
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District courts and several lower courts (diagram
p.306)
Appellate Jurisdiction
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Authority to hear a case appealed from a
lower court
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Can appeal decision if you lose in the trial
court
If you lose in the court of appeals, you
may appeal to the Supreme Court
Civil v. Criminal Cases
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Civil Cases: disputes between
individuals or private organizations
Criminal Cases: involve states bringing
charges against a citizen
Types of Federal Courts
Federal Courts
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May not initiate or seek out actions
Must wait for cases
Will only determine cases
Will not just answer legal questions
Constitutional Courts
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Established under provisions of Article III
Include the following:
 94 Federal District Courts
 Trial courts
 Grand Jury: composed of 16-23 people, hears
charges, can issue an indictment (formal accusation
charging a person with a crime) or drop charges
 Petit Jury: trial jury of 6-12 people, weighs evidence,
and renders a verdict of guilty or not guilty
 13 Federal Courts of Appeals
 Can: 1) uphold the original decision, 2) reverse the original
decision, or 3) send the case back to the lower court to be
tried again
 Decisions are final unless appealed to the Supreme Court
Legislative Courts
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Established to help Congress exercise its
powers; spelled out in Article I
Include the following:
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United States Federal Claims Court
United States Tax Court
The U.S. Court of Appeals for the Armed Forces
Territorial Courts
Courts of the District of Columbia
The Court of Veterans’ Appeals
Foreign Intelligence Surveillance Court
Federal Judges
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All Federal Judges are appointed by the
President under Article II, with the advice and
consent of the Senate
The Constitution set no requirements for
qualifications
Life term “during good behavior”
Appointments based on:
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Party Affiliation
Judicial Philosophy
Senatorial Courtesy: submitting a judicial candidate’s
name to the home state before a senatorial hearing
Background
The Supreme Court
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Created by Article III of the
Constitution as the 3rd and coequal branch of government
Highest court in the land –
rulings are final
Hear only cases they choose
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Most cases involve civil liberties
Supreme Court Jurisdiction
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Has both original and appellate jurisdiction
Original Jurisdiction – avg. fewer than 5 cases a year
 Cases involving reps. of foreign governments
 Certain cases involving a state
Appellate Jurisdiction – most cases heard by the S.C.
 Cases from lower courts of appeals
 Cases from Federal District Courts, when certain
acts of Congress considered unconstitutional
 Cases from highest state court if federal law or
Constitution are involved
 Thousands of cases appealed to the Court each
year
Only 3-4%(100-200 cases) actually heard
 Others left to lower courts decision
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Supreme Court Justices
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9 Justices: 8 Associate Justices & 1 Chief
Justice (currently John Roberts)
Congress has set this number and has the
power to change it
Qualifications & Appointments same as
other federal judges
Congress can remove Justices through
impeachment process
S.C. Powers
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Developed from custom, usage, and history
Marbury v. Madison
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Judicial review: power of the S.C. to declare
laws unconstitutional
S.C. Duties
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To hear and decide cases
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Decide which cases it will hear from thousands
each year
Decide on the case itself
Write the Court’s opinion
Law Clerks
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Each justice hires a few top graduates from
the best law schools
Read all appeals filed and summarize them
into memos
Research for cases of precedence
Help write opinions after a decision has been
made (research and drafting)
How Cases Reach the Supreme Court
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Either side in civil case may petition the S.C.
Writ of certiorari: order from the S.C. to
lower court to send up records on a case
Must argue that lower court made legal error,
or there must be a Constitutional issue
If S.C. denies certiorari, the lower court
decision stands
Rule of four: it takes four justices to decide
to hear a case
Deciding Cases
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If the S.C. hears a case they can decide to ask for
more information from the opposing lawyers or to
rule quickly on info. already available
Without more info. → returned to lower court for
another decision with a per curiam opinion or
unsigned statement by the Court
Most often lawyers must submit a brief or a
written statement setting forth legal arguments
Amicus curie: “friend of the court” briefs may
also be submitted trying to influence the court
(interest groups)
Oral Arguments
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30 minutes per side to argue
Justices often interrupt
White light flashes = 5minutes left
Red light comes on → Lawyer must stop immediately
Conference
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Fridays justices meet in conference
Very secret, only 9 justices in the room
Chief Justice presides – summarize case and gives
recommendation
Asks in order of seniority for each Justice’s opinion
Vote – all votes given the same weight, must have at
least 6 justices present
Lower court decision stands if a tie
Writing the Opinion
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Opinion: written explanation of the Courts’ decision
Unanimous opinion: all justices agree (about 1/3 of
the cases)
Majority opinion: the Court’s decision expressing
the views of the majority of the justices
Concurring opinion: agree with majority opinion,
but for different reasons
Dissenting opinion: losing side statement written
by justices who disagree with the majority’s
conclusions about a case
Once the Court rules on a case, its decision serves
as a precedent (model) for similar cases
Summary
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Petition to S.C.
Writ of certiorari
Lawyers from each side submit briefs
Lawyers present oral arguments
Justices debate the cases in a conference
S.C. issues an opinion
Deterrents
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Costs of appeal can be high
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May be lowered through in forma pauperis
(government will cover the costs)
Interest group (ACLU, NAACP) may pay for the
case
Must have legal standing (right to actually
sue)
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Actual, personal harm was committed