Chapter 10

The System of Justice

 

The Judicial Branch - Courts

 

From England       *Common Law

                  *stare decisis

(let the decision stand)    

    *precedent

    *statutory law        

 

 

Civil Cases - concerned with relations between individuals or   between organizations

 

Criminal Cases - against public order

 

A unified, orderly judiciary’s purpose was originally thought to

strengthen the new federal government which was weak under the Articles of Confederation.

 

New government needed a high court to interpret and apply the law.

 

 

 

The Supreme Court - stands as the last resort in answering any questions and all questions involving Federal Law and the Constitution.

 

        *The Final Authority*

 

Miller v Johnson (1995)

Race cannot be a factor in Georgia redistricting ( v affirmative action)

 

Capitol Square v Pinette(1995) Review Board

Columbus Ohio- Klan was allowed to demonstrate.......

 

but cross burnings and dummy

lynching are prohibited (2002)

 

US v Nixon (1974)

Executive privilege is allowed until it obstructs justice.  (tapes)

 

 

Power of Judicial Review

Marbury v Madison (1803)

 

Marbury sought a writ of mandamus, forcing James Madison to deliver his appointment.

 

Result -

Marshall's 3 principles were           established

 

1)       The Constitution is the Supreme law of the land.

 

2)       legislative enactments are subordinate

 

3)       Judges are sworn at all cost to uphold the law.

 

 

The President appoints all federal judges subject to the confirmation of the Senate.

 

Term - Judges of Constitutional Courts are appointed for life, removed only through the impeachment process.

Supreme Court Justices are appointed to life-time terms on the bench

Federalist 78 - Alexander Hamilton

 

Litmus test

Measuring stick;

a test of ideological purity

 

 

 

The Court has both appellate and original jurisdiction.

1) hears controversies between 2 or more states

2) all cases against ambassadors and public ministers

 

 

4-5000 cases reach the court each year but only 120 cases are heard

 

They are returned REMAND to the lower courts for reconsideration.

 

Cases may reach through

1) appeal - petition by a party asking the court to review a lower courts decision

 

2) certiorari - the Supreme Court directs the lower court to send up records of a case because of an error.  Writ of Certiorari

 

3) certification - when the lower court is not clear on law and asks for help.

 

Court is in session 9 months a year

6 justices make up a quorum

 

 

A brief

    The legal argument in a case

 

amicus curiae briefs

friend of the court attempting to influence the court’s decision

 

Majority Opinion - a majority decision.  A justice writes for the majority.  8-1, 7-2.

 

Dissenting Opinion – disagreeing with the majority opinion

 

Concurring Opinion – justices who agree or disagree with different reasons

 

Per Curiam Opinion

An opinion that is short in brevity and unsigned

 

 

Supreme Court

                                                   Chief Justice

 

John Paul Stevens                  John Roberts                Antonin Scalia

Ruth Bader Ginsberg               

David Souter                            Clarence Thomas

Stephen Breyer                         Anthony Kennedy           Sam Alito

 

 

                          ***

 

Judicial Activism v Judicial Restraint

                                 (Originalist/Restraint)

 

 

Judicial Implementation

How and whether the court’s decisions are translated into actual policy

 

Enduring Question

Should the Supreme Court play and active, creative role in shaping our destiny?

@

The Supreme Court is the final authority over Constitution and federal law….however

A Court’s decision

    Chisolm v Georgia (1795)

 

Was reversed by the Eleventh Amend.

Permitting an individual to sue a state in a federal court.

 

 

Dred Scott v Sanford (1857)

Reversed by Fourteenth Amendment

 

                      **

 

The Court’s restraint in the

19^th century

 

Anti-Trust Suits              

Labor Strife              Laissez-faire

Suffrage

 

Plessy v Ferguson (1896)

 

 

 

 

 

The New Deal

FDR and Court Packing-

leave conservatism behind         

"maximize" court to 15 members

 

 

 

The Warren Court (1953-1969)

-reapportionment

 Baker v Carr (1962)

 Wesberry v Sanders (1964)

 

-desegregation

 Brown v Board of Ed (1954)

 

-right to Of the Accused- counsel

 Mapp v Ohio (1961)

 

 Gideon v Wainwright (1963)

    in forma pauperis

 

Miranda v Arizona (1966)

 Escobedo v Illinois (1967)

 

 

 

                               **

 

The Burger Court  (1969-1986)

 

Chief Justice Warren E. Burger

Nixon's appointments were intended to be conservative in nature

           "strict constructionist"

 

(Nixon 4 judges,  Ford 1 Judge)

a majority

 

 re-defined the 4th Amendment (exclusionary rule)

 

 re-defined the Miranda Rule

 

 restored the death penalty

                             however

 

 

*Justice Harry Blackmun

Roe v Wade (1973)

 

  -promoted desegregation

 

-allowed the publishing of the     Pentagon Papers

 

-defined speech

 

-US v Nixon

 

-First Women

 

 

 

 

 

 

The Rehnquist Court

William Rehnquist (1986- 05)

 

7 out of nine justices were appointed by Republican Presidents

 

Conservative in Nature?

 

 

 

Hazelwood School District

v Kuhlmeier (1988)

-allowed a school to censor its    newspaper

 

 

California v Greenwood (1988)

allows for the searching without a warrant for evidence found in trash

 

 

                             however

 

Hustler Magazine v Falwell (1988)

-declined to curb criticism on public figures

 

 

US v Eichman

(1990)       Flag burning

US v Haggerty

 

                               and

Simon and Schuster v

NYS Crime Victims Board (1991)

Struck down "Son of Sam" Law

                                **

 

The Roberts Court ??

 

Article III created the Supreme Court

 

 

-Court sits in session from

October to June

 

-Congress created the lower federal courts (Judiciary Act of 1789)

 

-Its size (9 members fixed in 1869)

 

-Congress can control the

Supreme Courts' Jurisdiction

(11,14,16,26 Amendments were ratified in spite of former SC decisions)

 

 

 

-Other attempts for Amendments

(abortion, school prayer, )

 

-Congress has passed civil rights laws that have overturned

civil rights decisions

 

Chief Justice, if in majority, assigns the writing of the opinion

 

Dual Court System

 

Two types of Federal Courts

 

a) Constitutional Courts- federal courts created under Article III,

Supreme Court, Court of Appeals, Court of International Trade, District Courts

 

b) Special Courts- do not exercise broad judicial power of the United States.  They are a narrower range.

Court of Military Appeals, Claims Court, Tax Court, Territorial Courts, Courts of District of Columbia

 

 

Constitutional Courts

 

Jurisdiction-the power to say the law

 

Subject matter

a)       any federal statute or provision of the Constitution

b)       maritime law

 

Federal Courts hear cases involving

1) the U.S. or an official

2)       Ambassador or consul to foreign government or its representative

3) State v State (11th Amendment)

4)       citizens of one state suing another

5)       American citizen suing a foreign government or one of its subjects

6) Land grants

 

exclusive jurisdiction- cases can only be heard in a Federal Court

 

concurrent jurisdiction - where cases can be tried in both courts

eg. cases that can be tried on state level.

 

District Courts

approximately 650 judges handle 300,000 cases per year

(90% case load)

 

91 District Courts were created by Congress in 1789.

 

 

Today

-50 states - 89 judicial districts

 - 1 court in D.C.

 - 1 court in Puerto Rico

 

 

Appeals Court - created in 1891

 

12 Courts of Appeals(circuits)

 

11 Judicial circuits - 50 states

1 - District of Columbia

 

each circuit 4-23 judges

-about 179 circuit court judges

 

 

The decisions heard in these courts are final.

 

They also hear cases for the Court of International Trade, and the US Claims Court.

 

 

State Judicial System

 

NYS Court of Appeals

NYS Supreme Court

Westchester County Court

City Court - New Rochelle

 

The People of NY v Salerno

 

 

 

 

 

Grand Jury - hears evidence and decides if there is enough to indict

misdemeanors

felonies

                     

 

Petit Jury - actual trial by Jury

 

 

 

Civil Cases

 

Plaintiff - files a suit in court

To sue, you must have standing

(entitled to start a law suit)

 

 

 

Defendant - may move it to the Federal Level.

 

Fee Shifting

The winner of a civil suit does not pay for court costs.

 

Class-Action Suit

A Case that is brought to court on behalf of the plaintiff and for others with a similar circumstance.

 

Case against the United States

(sovereign immunity)cannot sue without the government’s consent

 

                               ***

 

 

 

Special Courts

 

The US Claims Court - the government cannot be sued without its consent

(sovereign immunity)

function is to hear claims against the US Government

16 judges are appointed by the President and Senate for 15 year terms

 

Territorial Courts-  courts created by Congress for the nation's territories,  Virgin Islands, Guam, North Mariana Islands

 

District of Columbia- has both a Federal District and an Appellate District Court.

 

Military Court of Appeals- 1 Chief Judge, 2 associates, appointed for 15 year terms.  Court Martial, serious convictions.

 

US Tax Court- hears tax cases involving tax laws.  12 year terms.

 

***

 

 

Court Officers- Each Federal Court (91) has a Magistrate, a court officer who handles a number of legal matters once dealt with by the judges themselves.  They : issue warrants, hear evidence that decides grand jury presentation; set bail in federal criminal cases; try minor offenses

 

Bankruptcy Judge - for each federal judicial district.

 

US Attorney - their assistants are responsible for prosecution of all persons charged with Federal Crimes

-They represent the US in all civil actions brought by or against the government in their district.

 

US Marshall - serves each district court.  They are appointed for 4 year terms.  They make arrests, serve papers, and keep courtroom order and execute court orders.

They serve the Attorney General and are officials of the Department of Justice

 

 

                               ***

 

The Department of Justice

Headed by the Attorney General

About 73,500 employees

 

Its function is to provide legal advice to the President and the heads of the vast executive department.

 

-   Represents the US in court-

(suits v US)

 

-   Handles Anti-Trust violations

 

-   US Property cases

(land grants, acquisitions)

 

-   Tax Division