Unit 3: The Judiciary

Nota:

• dont need to know state apparently... not in notes... 

1. US Supreme Court
   1. established by Article III of Costitution
2. "inferior courts"
   1. district courts

      Nota:

      • 94 federal district courts (at least 1 per state)
      • Number per state depends on population
   2. appellate courts

      Nota:

      • 13 circuit courts of appeal (12 regional districts and 1 for federal circuit in D.C.)
   3. Specialty courts

      Nota:

      • US Court of Appeals for the Armed Forces
      • US Court of International Trade US Tax Court US Court of Appeals for Veteran Claims
      • US Court of Federal Claims (private claims against the US government)
      1. created by congress to address specific needs
3. 2 Categories of Law
   1. civil
   2. criminal

1. doesn't have to hear any case it doesn't want to hear
2. jurisdiction...
   1. (a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between 2 or more states
   2. (b) the Supreme court shall have original but not exclusive jurisdiction of
      1. 1. All (legal) actions (including) ambassadors, other public ministers, consuls or vice consuls of foreign states
3. 8 justices, 1 chief justice

1. 1. Apply for a writ of certiorari

   Nota:

   • means “to be certified”
   1. written order to certify the records of a lower court and send them up to a higher court
   2. these petitions read by law clerks first

      Nota:

      • Generally young, like late 20s
      • Graduates who have typically been at the top of their class in the most prestigious law schools in the US
   3. Justices conference on summaries and recommendations provided by clerks to decide which petitions to hear
2. 2. Rule of 4

   Nota:

   • typically 2% or fewer cases requesting consideration are heard
   1. 4/9 Judges must accept
   2. Cases accepted based on significance and potential for establishing precedence, and to resolve conflicting case law
   3. “Stare decisis” - let the decision stand - the principle that it is best to uphold other court decisions except in certain cases
3. once accepted...
   1. Oral arguments presented - limited to 30 minutes per side
   2. Q&A w/ Qs from judges

      Nota:

      • often sarcastic
   3. Justices conference
   4. each judge Issues formal opinions
      1. often avoid answering big questions (ie: abortion...)

         Nota:

         • cases about same sex marriage have been specific things, never really saying if marriage is constitutional or not

1. The power of the courts (not just supreme court) to declare acts of congress or the president unconstitutional

   Nota:

   • Any appellate court can do judicial review
   1. Judicial review is not automatic-a case must be brought before the court and accepted for consideration
   2. Not just a power, but a principle of American government
2. established by Marbury v Madison

1. The meaning of laws depends on exact understanding of definition and intent; Precision of language, definitions

   Nota:

   • Legal documents are very careful to define all questionable terms...however
   • Disagreements about meaning/intent of laws are the reason lawyers exist
   1. Lawyers seek to clarify definitions as well as “loopholes”
   2. No matter how clear it is, people will try to use the law to their advantage based on what is there or not there
2. THE LAW DOES NOT CARE ABOUT JUSTICE. THE LAW CARES ABOUT WHAT THE LAW SAYS

1. Statute Law- formal laws created by state/federal legislatures
2. Case Law (common law)- legal interpretations are shaped by all previous case rulings-- legal precedent
3. Administrative law (regulations) - established by bureaucratic agencies to carry out their statutory mandates

   Nota:

   • mandate, in this case, means orders: not specifically orders of an elected official from its constituency

Nota:

• Exclusive Jurisdiction- authority to hear a type of case is limited to one specific level of court (ie: federal or state)
• Concurrent jurisdiction - authority to hear a type of case can be heard by federal or state courts
• Original jurisdiction - refers to a court’s ability to hear a case first
• Appellate Jurisdiction: refers to a courts' ability to hear cases on appeal

1. an area of authority (area can mean geographic or type of law)