Chapter 11

Petit jury

which usually consists of 6 or 12 people, is a trial jury. It is a function to weight the evidence presented at a trial in a criminal or civil case. In a criminal case, a petit jury, renders a verdict of guilty or not guilty.

right to appeal

you have the right to appeal

the federal court consists of

- the supreme court - lower federal courts , which were established by congress

Andrew Jackson nominated

Roger Taney as chief justice when John Marshall died.

Following the Supreme Court: issued several rulings on the 13th, 14th, 15th Amendments.

These reconstruction amendments, were intended to ensure the rights and liberties of newly freed African Americans, but the Court did not strongly apply the due process clause of the Fourteenth Amendment when individuals challenged business or state interests. The due process clause says that no state may deprive any person of life, liberty, or property without the due process of law.

In 1982 Congress set up a special court of appeals called the United States Circuit Court of Appeals for the Federal Circuit

This court hears cases from federal claims court, the Court of International Trade, the United States Patent Office, and other executive agencies. THe court's headquarters are in Washington D.C, but it sits in other parts of the country as needed.

U.S Court of Federal Claims is a court of original jurisdiction that handles claims against the

United States for money damages. A person who believes that the government has not paid a bill for goods or services may sue in this court.

senatorial courtesy

a president submits the name of a judicial candidate to the senators from the candidate's state before submitting it for formal approval. If either or both senators oppose the nominee, the president usually withdraws the name and nominates another candidate

the Supreme courts original jurisdiction cases form a very small part of its yearly work load-

an average of fewer than five such cases a year. most of the cases the court decides fall under the courts appellate jurisdiction

In 1890s, in United States vs E.C Knight & Co.

and other cases, the court ruled to uphold the monopoly of business trusts,

the court of veteran appeals

deals with veteran claims for benefits and other veterans problems.

the right of the court to hear an appeal

from lower courts and render a decision. ( appellate jurisdiction) (to appellate)

a united states marshal carries out

such duties as making arrests, securing jurors, and keeping order in the courtroom. With the help of deputy clerks, bailiffs, and a stenographer, a clerk keeps records of court proceedings.

U.S Court of Appeals for the Armed Forces

this court hears the cases involving members of the armed forces convicted of breaking military law. As its name implies it has appellate jursidiction. This court is sometimes called, GI Supreme Court. THe U.S Supreme COurt has jursidiction to review this courts decisions.

many jurisdiction cases have involved

two states or a state and the federal government.

mapp vs ohio

Incorporated a portion of the 4th Amendment by establishing that illegally obtained evidence cannot be used at trial, forbids unreasonable search and seizures.

Schechter Poultry vs United States

Supreme Court ruled that although the SPC had sold unfit chicken, the federal government had no right to regulate them and that the NRA had expanded executive power too much and congress had no right to regulate interstate commerce. Because the chicken had come to rest within the state, it was not a part of interstate commerce. This decision overruled the National Industrial Recovery Act.

federal courts of appeals- Good records are important because a person or group that loses a case in a district court may appeal to a federal court of appeals, or in some instances, directly to the

Supreme Court.

McCulloch vs Maryland

The state of Maryland taxed banknotes produced by the Bank of the United States, claiming that the Bank was unconstitutional. Using implied powers, Marshall countered that the Bank was constitutional and ruled that Maryland was forbidden from taxing the Bank.

because judges are appointed for life, presidents view judicial appointments as means of perpeuating their political ideologies even after they have left the White House.

This fact has made judicial appointments a political issue rather than merely a matter of assessing a judicial candidates qualifications.

concurrent jurisdiction

authority shared by both federal & state courts

federal courts derive their powers

from the constitution and federal laws

In deb vs United States

it upheld the contempt conviction of labor leader Eugene V. Debs, who had disobeyed an order to call off a strike against the railroad company.

the constitution gave federal courts

jurisdiction in cases that involve United States laws, treaties with foreign nations, or interpretations of the Constitution.

District courts have :

jurisdiction to hear cases involving federal questions: issues of the federal statutory or constitutional law. They can also hear some cases involving citizens of different states. In the vast majority: of their cases, district courts render the final decision.

duties of law clerks

read appeals; help prepare the Court's opinion; write first drafts of Court opinions

the main duty of the justices is to hear and rule on cases.

this duty involves them in three decision making tasks; deciding which cases to hear from among the thousands appealed to Court each year, deciding the case itself; and determining an explanation for the decision called the Court's opinion.

The first and most significant ruling on the fourteenth amendment came down in

1873 with Slaughterhouse Cases. Louisiana had granted a monopoly on the slaughtering business to one company. Competing butchers challenged this grant as denying them the right to practice their trade. They claimed that the fourteenth amendment guaranteed the privileges and immunities of U.S citizenship, equal protection of the laws, and due process. The court ruled for the state of Louisiana. It is said that the Fourteenth Amendment did not increase the rights of an individual. It only extended protection to those rights, privileges, and immunities that had their source in federal, rather than state, citizenship.

Brown vs Board of Education

1954- court decision that declared state laws segregating schools to be unconstitutional. Overturned Plessy v. Ferguson (1896)

standard number of Supreme Court justices

9

constitutional courts

courts established by congress under the provision of Article III of the constitution. These courts include the federal district courts, the federal courts of appeals, and the United States Court of International trade

article I of the constitution-

gives power to congress to create courts. Original jurisdiction= original first

justices reach the court through appointment by the president with Senate approval. The senate usually

grants such approval, and presidents with strong support in the Senate are less likely to have their candidates rejected, but there is no guarantee. The senate even choose to reject on of President Washington's nominees.

legislative courts

help Congress exercise its powers. It was the power of Congress to tax that led to the creation of the United States Tax Court. The Congressional power of regulating the armed forces which led to the formation of the Court of Military Appeals.

in most cases the difference between federal and state court jurisdiction is clear. in some instances,

however, both federal and state courts have jurisdiction , a situation called concurrent jurisdiction. concurrent jurisdiction exists in a case involving citizens of different states.

fletcher vs peck

in 1810, the supreme court continued to extend its power to review state laws. the court held that a law passed by the georgia legislature was a violation of the constitution's protection of contracts.

In the 1870s

in a group of cases known as the Granger Cases, the Court rejected a challenge to state regulatory laws. IT held that some private property, such as a railroad, was invested with a public interest. A state could properly exercise its power to regulate such property.

to maintain their objectivity on the bench, justices are careful not to become involved

in outside activities, that might prevent them from dealing fairly with one side or the other on a case. If justices have an personal or business connection with either of the parties in a case, they usually disqualify themselves from participating in that case.

today the united states has 94 districts with each state having at least 1 district court.

large states- California, New York, Texas each have four district courts. Washington D.C and Puerto Rico also have 1 district court each. There are more than 550 judges who preside over the district courts.

when you are in the federal district court and you lose a case

lose: u.s court of appeals rare: supreme court

today the courts law clerks assist the justices with

many tasks, enabling the justices to concentrate on their pressing duties. Law clerks read all the appeals field with the court and write memos summarizing the key issues in each case.

Interest groups that have a state in the Supreme Court decisions

may attempt to influence the selection process. Generally, these groups make their positions on nominees through their lobbyists, or agents and the media. Strong opposition to a nominee by one or more major interest groups may influence the senators who vote on the nominee.

the role of the justices

members of the supreme court sometimes have considerable influence in the selection of new justices. As leaders of the court, chief justices have often been very active in the selection process. Justices who must work with the newcomers often participate in selecting candidates.

federal district courts

most cases begin and end here. this court has only original jurisdiction. The majority of cases don't go on from here. The practice involved respect the decision of the court

standard number of the supreme court justices in charge of the federal judicial circuit

one for each court, although three justices serve two courts each

appellate jurisdiction

only in this court the court has the right to hear appeals from lower courts. judge hears decision " no jury"

the practice of senatorial courtesy is limited to the selection of judges to the district courts and

other trial courts

litigants

people engaged in a lawsuit to come before them.

duties of chief justices

presiding over discussions of cases, exercising leadership; administering the court system

in identifying and selecting candidates for nomination to the court, the president

receives help from the attorney general and other Justice department officials. The attorney general usually consults with the legal community and proposes a list of possible candidates for the president to consider. In making the final selection, the president and the attorney general may also check with leading members of Congress. In addition, they hear from several different groups that they have a special interest in the selection of a justice.

each district has a united states attorney to represent the United States in all civil

suits brought against the government and to prosecute people charged with federal crimes.

In 1819 in Darmouth College vs Woodward

the Court applied the protection of contracts to corporate charters.

jurisdiction

the authority to hear certain cases. in the dual court system, courts have jurisdiction over cases involving state laws, while federal courts have jurisdiction over cases involving federal laws.

the chief justice has several additional duties such as presiding over sessions and conferences at which cases are discussed.

the chief carries out a leadership role in the courts judicial work and helps administer the federal court system.

the supreme court is composed of 9 justices:

the chief justice of the United States and 8 associate justices. Congress sets this number and has the power to change it.

under the supreme courts appellate jursidiction

the courts hear cases that are appealed from lower courts of appeals or it may hear cases from federal district courts in certain instances where an act of congress was held unconstitutional

u.s supreme court

the highest court in the land. consists of 9 members ratified by the senate (for life) only a few cases heard in original jurisdiction.

in a civil case

the jury finds for either the plaintiff, the person bringing the suit suit, or defendant, the person against whom is the suit is brought. If the parties in a civil case do not wish a jury trial, a judge or panel of the three judges weights the evidence.

The role of the American Bar association (ABA)

the largest national organization of attorneys. Since 1952, the ABA's COmmittee on the Federal Judiciary has been consulted by every president concerning almost every federal judicial appointment. The role of the ABA is solely to evaluate the professional qualifications of candidates for all Article II judicial positions- the Supreme Court, the United States Courts of Appeals, and the United States District Courts. The Committee rates nominees as either " well qualified," or not qualified" The ABA rating is advisory, and neither the president nor the Senate is required to follow it.

congress created district courts in 1789

to serve as trial courts. These districts followed state boundary lines. as the population grew and cases multiplied, congress divided some states into more than 1 district.

riding the circuit

traveling to hold court in their assigned regions of the country.

reasons for removal of supreme court justices

treason, bribery, high crimes, and misdemeanors

the court of appeals may decide an appeal in one of the three ways

uphold the original decision, reverse the decision, or send the case back to the lower court to be tried again.

marbury vs madison

was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government. The case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force the new Secretary of State James Madison to deliver the documents. The Court, with John Marshall as Chief Justice, found firstly that Madison's refusal to deliver the commission was both illegal and remediable. Nonetheless, the Court stopped short of compelling Madison (by writ of mandamus) to hand over Marbury's commission, instead holding that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court's original jurisdiction beyond that which Article III established. The petition was therefore denied.

the court in which a case is originally tried is known as a trial court.

A trial court has original jurisdiction. In the federal court system, the district courts as well as several other lower courts have only original jurisdiction.

the supreme court has both original jurisdiction

Article II, section 2 of the constitution, sets the courts original jurisdiction. It covers two types of cases: 1) cases involving representatives of foreign governments 2) certain cases in which a state is a party. Congress may not expand or curtail the courts original jurisdiction

two different federal systems

1) state and federal

Gibbons vs Ogden

(1824) This suit grew out of an attempt of New York to grant to a private concern a monopoly of waterborne commerce between New York and New Jersey. Marshall, not surprisingly, stated that the Constitution declared that Congress alone had the control of interstate commerce. This, similar to the Cohen vs. Virginia case, struck another blow at states' rights while increasing the power of the federal government.

Plessy vs Ferguson

(1896) The Court ruled that segregation was not discriminatory (did not violate black civil rights under the Fourteenth Amendemnt) provide that blacks received accommodations equal to those of whites.

Dred Scott vs Stanford

An 1858 Supreme Court case in which a slave sued for his freedom but the court ruled against Scott because he wasn't a U.S.citizen

Territorial Courts

Congress has created the court system that is roughly similar to the district courts in function, operation, and jurisdiction. They handle civil and criminal cases, along with constitutional cases. the appellate courts for this system are the United States courts of appeals

United States district courts are the trial courts for both criminal & civil federal cases.

District courts use 2 types of jurisdiction in criminal cases. 1) grand jury- which usually includes 16-23 people, hears charges against a person suspected of having committed a crime. If the grand jury believes that there is sufficient evidence to bring the person to trial, it issues an indictment- a formal accusation charging person with a crime. IF the jury believes there is no sufficient evidence, the charges are dropped.

Fourteenth Amendment

a constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians

backgrounds of Supreme Court justices

a law degree; considerable legal experience; usually between the ages of 40 and 60

the power of the court to hear a case for the first time and render a decision

apellate jurisdiction (to appeal)

Article II Section 2 of the Constitution provides that the president with the advice and consent of the Senate

appoints all federal judges. The legal profession; regards a position on the federal bench as recognition of a lawyer's high standing in the profession. Judges according to the constitution serve as the constitution prescribes, as good behavior which in practice means for life. a life term grants judges freedom from public or political pressures when deciding cases.

The appellate level includes 13 United States

court of appeals. The United States is divided into 12 judicial circuits, or regions with the 1 appellate court in each circuit. The thirteenth court is a special appeals court with national jurisdiction. Usually a panel of three judges sits on each appeal. In a very important case, all circuit judges may hear the case.

courts of the district of columbia

because the district of columbia is a federal district, congress has developed a judicial system for the nation's capital. Along with a federal district court, and a court of appeals, various local courts handle both civil and criminal cases that need to be heard within the district of columbia

United States Tax Court

cases come to the tax court from citizens who disagree with international revenue service rulings or other treasury department agency rulings about federal taxes they must pay. the tax court is based in washington d.c, but it hears cases throughout the United States. A federal court of appeals handles cases appealed from the tax court.

covered by the supreme courts apellate jurisdiction

cases from lower courts; cases in which an act of COngress was held unconstitutional; cases appealed from the highest state courts if claims under federal law or the Constitution are involved

covered by the supreme court's original jurisdiction

cases involving representatives of foreign governments or in which a state is a party.

where the final supreme court has final authority

cases involving the constitution, acts of congress, or treaties

duties of supreme court justices

choosing cases to hear; deciding cases

under the constitution

congress may remove supreme court justices through impeachment, for conviction of treason, bribery, or other high misdeamors

power

constitutional power to congress. congress can create " any courts necessary"

if a person loses a case in a trial court wishes to appeal a decision, he or she may take the case to court with a appellate jurisdiction. The

federal court system provides courts of appeals that have only appellate jurisdiction. Thus a party may appeal a case from a district court to a court of appeals. If that party loses in the court of appeals, he or she may appeal the case to the Supreme Court, which has both original and appellate jurisdiction.

the justices have limited duties related to the 12

federal judicial circuits. One Supreme court justice is assigned to each federal circuit. Three of the justices handle 2 circuits each. The justices are responsible for requests for special and legal actions that come from their circuit.