Principles of democracy and the Constitution, all the way to civil liberties and equal protection
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ChapterFourteen_UnderstandingtheFederalCourtSystem.pptxUnderstanding the Supreme Court Processes
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State Courts
About 90% of all the cases heard in the American court system happen at the state level.
Examples include a crime that is a violation of state law: most criminal activity falls in this category, such as robbery, assault, murder, and many drug-related crimes.
A controversy arising out of the state constitution or other state laws.
A case in which the state is a party, such as state tax violations
Most real estate cases, malpractice, personal injury cases, and contract disputes
All family, divorce, custody, inheritance, and probate cases
Most traffic and juvenile cases
Federal Court Cases: Examples
These cases involve the U.S. Government, the U.S. Constitution, or other federal laws.
Examples include crime that is a violation of federal law, such as bank robbery, drug cases, guns, or kidnapping.
Civil cases based on federal laws, such as laws prohibiting employment discrimination, or laws regulating securities trading or competition (anti-trust).
Cases involving interstate commerce or interstate criminal activity.
Federal Court Cases -2
A controversy arising out of the U.S. Constitution or other federal laws, such as a violation of a protection guaranteed by the Bill of Rights.
ex. Elk Grove SD v. Newdow (2004): The Magistrate concluded that the Pledge is constitutional, and the District Court agreed and dismissed the complaint. The Ninth Circuit reversed, holding that Newdow has standing as a parent.
A case in which the United States is a party, such as Social Security claims or federal tax violations.
A controversy between two states.
A case involving foreign governments such as international trade or foreign treaties.
All bankruptcy, patent, copyright, Native American, and maritime cases.
Federal Court Cases -3
Diversity of Citizenship Cases
These cases involve disputes between two parties not from the same state or country.
Examples include
Between citizens of two different states.
Between a U.S. citizen and a citizen of another country.
NOTE: The case must involve a claim for at least $75,000 in damages – if not then it must be filed in state court instead.
Federal District Courts
94 courts of original jurisdiction
Trial courts
Grand juries (5th Amendment)
Jury Trial
358,560 cases in 2021
76% civil
24% criminal
Most cases conclude at the district court level but in some cases the losing party may believe that a mistake in trial procedure or in the law that was brought to bear in the trial has been made, or that an important legal or constitutional issue is at stake, and they may appeal their case to a higher court.
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U.S. Courts of Appeal
12 geographic Circuit Courts
50,258 cases filed in 2020
Appellate courts 49,363
No new factual evidence and no witnesses
Lawyers file briefs explaining the error made at the trial court
Panels of three judges
Oral arguments
Opinions
Precedents
Stare decisis
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Federal Circuit Courts Map
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Constitutional Provisions
The Supreme Court is the only court specifically mentioned in Article III of the Constitution.
Congress was given the task of establishing “such inferior courts as the Congress may from time to time ordain and establish.”
Constitutional Provisions -2
What does the Constitution say about the Supreme Court?
Length of Term: life or upon good behavior.
Why?
Salary cannot be reduced.
Why?
The only justice ever to be impeached was Associate Justice Samuel Chase in 1805. The House of Representatives passed Articles of Impeachment against him; however, he was acquitted by the Senate.
Constitutional Provisions -3
A court of both original jurisdiction and appellate jurisdiction
The size of the Court is determined by Congress; the number has been set at nine since 1869.
Cases between two or more of the states
NY v. NJ (1998) Original Jurisdiction
NJ v. Delaware re: a pipeline
A recent example of a particularly complex original jurisdiction case that took only two months to decide was Virginia v. Maryland, a case involving the two states and their rights to use the Potomac River. The Court ruled in favor of Virginia and allowed the state to build on the river’s western shore.
Original Jurisdiction: cases that may be brought directly to the Supreme Court
Cases between the United States and one of the 50 states
United States v. Maine (1985)
Action by the United States against thirteen States that border the Atlantic Ocean to determine whether the United States has exclusive rights to the seabed and subsoil under the ocean off the States’ coastlines
United States v. Louisiana (1950)
United States against Louisiana to determine and declare the title to tidelands off Louisiana’s coast
United States v. California (1949) United States against the State of California to determine which government has paramount rights in and power over submerged land off the coast of California
Original Jurisdiction -2
Original Jurisdiction -3
Cases involving foreign diplomatic personnel (ambassadors, public ministers and consuls)
State versus a foreign country
Def: cases brought by parties dissatisfied with certain lower court decisions.
Routes to Appellate Jurisdiction
Certiorari: writ of cert= a petition requesting the S.Ct. will take the case. (most cases thru cert.)
The Court receives approximately 7,000-8,000 petitions for a writ of certiorari each term.
The Court grants and hears oral arguments in about 80 cases.
Constitutional Provisions: Appellate Jurisdiction
Denying cert: the lower court ruling stands, but this does not constitute a decision by the Supreme Court on any of the legal issues
Writ of Error= discontinued
Appeal as a matter of right=negligible use
Congress has limited the “mandatory” appeals via legislation.
Supreme Court has to hear only a few cases (from a three-judge panel)
Appellate Jurisdiction -2
Appellate Jurisdiction -3
Congress determines the appellate jurisdiction of the Supreme Court.
The Supreme Court serves as an appellate court for the federal appeals courts and for the highest courts of the states.
Appellate jurisdiction is discretionary; the Supreme Court decides for itself whether to accept the case.
Appellate Routes to the S.Ct.
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Deciding to Decide
Clerks screen and summarize the cases, accumulate a “discuss” list, and collectively consider cases.
3-4 day conference at the beginning of the term in October.
Legal Considerations
Political Considerations
Controlling the Agenda
The Court has several screening mechanisms to control its docket.
Cases must be real and adverse.
Parties in a case must have standing.
Cases must be ripe.
Appeals must be filed within a specified time limit, paperwork must be proper and complete, and a filing fee must be paid.
Requirements may be waived if a petitioner is indigent and files an affidavit in forma pauperis.
The most important tool that the Court has for controlling its agenda is the power to grant or not to grant a writ of certiorari (cert).
rule of four
Legal Considerations
Rule 10
Important questions of federal law
Conflicts in lower courts
Lower-court decisions that conflict with previous Supreme Court decisions
Lower-court departures from the accepted and usual course of judicial proceedings
