Section 4 & 5 of the Judicial Branch

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Section 4 - The development of the federal courts

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Top of Form WEEK 5: SUPREME COURT Lesson Lesson 5: The Supreme Court "A law embodies beliefs that have triumphed in the battle of ideas.” -Justice Oliver Wendell Holmes Expected Outcomes To understand the evolution of the Supreme Court in relation to the other branches of power; to appreciate the difference between the “original intent” and “judicial activist” philosophies; and to critically evaluate the political and cultural importance of major Supreme Court decisions. Overview I. The Legal Framework Most American laws are based on the English legal system. The body of judge-made law is referred to as common law. The U.S. Constitution, State Constitutions and statutes - laws passed by Congress or State Legislatures - are sources upon which American law is founded. Common law countries around the world include: United States; Britain, Australia, Canada, India, and New Zealand. The United States utilizes a dual court system which is comprised of both State and Federal Courts. The rules and principles which are the basis of court decisions are referred to as Case Law. Case law has bearing on future cases that involve similar facts and constitutional issues. The case law or court rule from previous cases establishes the precedents on which future cases will be relied upon in the decision making process. The doctrine of stare decisis means to stand on the decided cases. A courts authority to hear and decide cases refers to the jurisdiction of the court. According to the Constitution, the accused must receive a fair trial in the jurisdiction in which the crime was committed. Federal Courts have jurisdiction when there is a federal question in the case, when there is diversity of citizenship involved in the case (meaning citizens from different states), and when there are two or more different states or state boundaries involved. When a case is to be heard in Federal Court, courts with limited jurisdiction include Tax and Bankruptcy Courts. These are examples of courts that deal with very specialized issues that do not deal with constitutional issues, but other federal issues. II. The Judicial Powers According to Article III of the Constitution, the judicial power of the United States would be vested in one Supreme Court. The actual authority of the Supreme Court was described as: · “The Judicial power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizen ...

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CHAPTER 13 JUDICIARY 1 LO 37 – Constitutional Sources of Courts Article III - Constitutional Courts Example: U.S. Supreme Court Article I - Legislative or Special Courts (Congress) Examples: Claims, D.C., Military Appeals, Tax 2 LO 38 - Types of Jurisdiction ORIGINAL - The first time a case is heard by a court. Involves a judge, jury, trial and a record is kept. APPELLATE - The second or more time a case is heard. Called “paper courts” because all these justices do is review the record of the lower court looking for “errors of law.” CONCURRENT - Means that BOTH a federal and/or state court can hear a case. 3 LO 39 – 5 WAYS TO FEDERAL COURT . Ambassador, Minister or Consul is a party to the suit . Federal government sues a State . State sues another State . Federal Question . Diversity of Citizenship - (Citizens from 2 different states plus $75,000 in dispute) (DAFFS) 4 U.S. Supreme Court (Original and Appellate Jurisdiction) U.S. Courts of Appeal (13 total) (Also termed “circuit courts”) OK = 10th Circuit in Denver, CO) (Appellate Jurisdiction) U.S. District Courts (Original Jurisdiction) LO39 - Federal Court Structure 5 FEDERAL APPELLATE COURT MAP 6 O.K. Supreme Court ** Civil Cases only ** (Original & Appellate Jurisd.) Court of Last Resort O.K. Court of Civil Appeals (Appellate Jurisdiction) O.K. District and Trial Courts (Original Jurisdiction) LO39 - OK - State Court Structure O.K. Court of Criminal Appeals ** Criminal Cases only ** (Original & Appellate Jurisd.) 7 LO 40 - Marbury v. Madison Principle = Judicial Review: When a court declares acts unconstitutional (see page 43) Political squabble - Marbury’s judicial appointment as a Justice of the Peace Case Question: Judiciary’s Powers Under Article III of the U.S. Constitution versus the Congress passed (statute) Judiciary Act of 1789 - specifically the “Writ of Mandamus” Outcome: Judiciary Act of 1789 unconstitutional 8 LO42 - Types of Judges (Judicial Philosophy) Activist: Likes to make new law; apply old laws in new ways = Liberal Restrainer: Likes to follow precedent; will avoid making new law = Conservative 9 LO 43 - Major Types of Law CIVIL LAW - Defined - Torts Remedy - $ BOP - Preponderance of the Evidence Procedure Complaint Pleading PreTrial/Trial CRIMINAL LAW Defined -Crimes Remedy - Jail BOP - Guilt Beyond a Reasonable Doubt Procedure Arrest Warrant/Indictment Preliminary Hearing Arraignment PreTrial/Trial 10 LO43 - Major Types of Law Statutory Law - Legislative law Co ...

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25% of countries around the world have a common law legal system (v. 75% civil law system) , which is based on the idea that law is created with the time, and, in it, judges play an important row. America’s constitution dates from 1787 and it has been amended 26 times. It’s short, so it must be interpreted. By who? For federal judges (which are different from state judges), which are named by the president and stand their Jobs for life, so they are very independent. The US is a federal system composed of 50 States, each of which has its own political identity and legal structure (own courts –in Illinois, judges run for elections-, legislator, Governors, law…). Federal law (for the whole US) also exists, as well as Federal Courts. In 1787, 13 states decided to give out some of their powers in order to create a federal state: (1) Foreign/international policy and (2) enumerated powers (tax, expenditure, defense -army, navy…-). However, states still have lots of powers. US CONSTITUTION: Article 1.- Legislative branch (Congress). There is ; · a Senate (2 senators for state in order to make sure that all states have equal voice 100 senators; they run for office every 6 years) · and a House of Representatives, with 435 members who are voted based on population; each state has, at least, one representative (700.000 per congressman, except for Wyoming, with less population); they run for office every 2 years, which is a problem, as the always have to raise money. There are electoral districts whose boundaries are drawn by the state legislators every 10 years, and there is a problem related to it: the gerrymandering problem, which exists when governments change those districts in order to get more seats in the Congress (some of them are called “safe seats”, when they have been drawn by state legislators to benefit they party and are not really subject to change) Article 2.- Executive brand (President) Article 3.- Judicial brand These branches are: -Coequal in relation to one another. Neither branch exercises superiority. -Separate (Montesquieu). Article 6.- The Supremacy Clause: Federal law (Constitution, Federal statute -law passed by congress- and treaties) is supreme over State law. All the branches have say if the laws are constitutional. The President, when signing a law, has to do so as well. And if there is conflict, the Supreme Court decides. The supreme court is the only one mentioned in the Constitution. But the Congress can create as many federal courts as necessary. There are three levels for the Federal Court: · Supreme court. Decibe between 75 and 100 cases each year. Th “wears two hats”: · Highest court of appeal. · Highest court of constitutional interpretation. There are 9 judges (right now there are 8, and the 9th has not been named for political reasons: republicans did not want to have the candidate Obama wanted to appoint), appointed by the president with the approval of the Senate. They serve for life unless · Co ...

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