Chapter 14 The Courts PDF

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Chapter 14 The Courts The most important force within our judiciary is the United States Supreme Court. The justices of the Supreme Court are not elected but appointed by the president and confirmed by the Senate. Most of American law is based on the English system (English common law tradition) the decision made by judges constitute an important source of law. Sources of American Law The body od American law includes: the federal and state constitution, statutes passed by legislative bodies, administrative law, and case law – the legal principles expressed in court tradition. Case law is based in part on the common law tradition, which dates to the earliest settlements in North America. The Common Law Tradition- 1066, the Normans conquered England, William the Conqueror and his successor establish king’s court. King’s court sought to establish a common, or uniform, set of rules for the whole country. As the court cases increases the most important decisions were recorded in Year Books. Judges who were settling dispute similar to ones that had been decided before use the Year Books as the basis of their decision. The body of judge-made law that developed under this system is still used today and is known as the common law. Stare Decisis- the practice of deciding new cases with reference to former decision is precedent (corner stone of American judicial system). Stare Decisis which means “to stand on decided cases” obligates judges to follow the precedents set previously by their own courts or by higher courts that have authority over them. Examples of Precedents- lower state court in California follow a precedent set by the California Supreme Court. The lower court would not be obligated to follow another state supreme court because each state court system is independent. The United States Supreme Court is the highest court in the land and all the nations courts are obligated to abide by the Court’s decision. Constitution- is the supreme law of the land. A law violation of the Constitution may be declared unconstitutional and cannot be enforced. The state constitutions are supreme within their borders. The Constitution thus defines the political playing field on which state and federal powers are reconciled. Statutes and Administrative Regulations- English common law provides the basis for both our civil and our criminal legal system. Statutes (laws enacted by legislature) define the rights and obligations of individuals. Federal statutes relate to any subject that is concern of federal government and may apply to areas ranging from hazardous waste to federal taxation. State statutes include criminal codes, commercial laws, and laws covering a variety of other matters. Cities, counties, and other local political bodies also passed statutes called ordinances, which deal with such issues as real estate zoning and public safety. Case Law- common law in which the doctrine of stare decisis plays an important role. The decision rendered by the court also form an important body of law called case law. Case law includes judicial interpretations of constitutional provisions, statutes, and administrative agency regulations. Nations formerly governed by Britain use common law, statutes, and administrative regulation. Lands that are formerly ruled by Britain the common law is supplemented by traditional law. Nations that do not use common law tradition rely on statutory codes, this is called civil law system – judges are not bound by precedent. The Federal Court System The US has a dual court system: the state courts and the federal courts. Each states , and DC, has its own independent system of courts, with a total of 52 court system. Basic Judicial Requirements – two important requirements: jurisdiction and standing to sue. Jurisdiction- the authority of the court to hear and decide a case. A state court have jurisdiction to a particular geographic area like county or district, but the state’s supreme court has jurisdiction over all residents within the state. The constitution established the federal government with limited power, federal jurisdiction is also limited. Article II section 1 of the US Constitution limits the jusridiction of federal courts to cases that involve federal question or diversity citizenship. Federal question- case base on US Constitution, treaty, or a federal law (like right of free speech can be taken to court). Diversity of citizenship- exist when parties are from different states or a US citizen and a Citizen of other country. The amount of controversy

should be at least $75000 before the court hears the diversity case for jurisdiction. A defendant may file an appeal with state court but appeals cannot be taken to federal court unless there is federal question. Standing Sue- a sufficient “stake” in a matter to justify bringing suit, the party bringing suit must have suffered a harm, or have been threatened harm.. It requires the controversy at issue be a justiciable controversy. Justiciable controversy is real and substantial, as opposed to hypothetical or academic. The court will not give advisory opinions on hypothetical questions. Parties to Lawsuits- parties are the plaintiff (the person or organization that initiates the lawsuit) and the defendant (the person or organization against whom the lawsuit is brought). Interest groups play an important role in the judicial system because the litigate- bring to trial- or assist in litigating most cases of racial or gender-based discrimination, civil liberties, and 1/3 of cases involving business matters. Interest groups also file amicus curiae briefs or “friend of the court” briefs (50%). They also bring class-action suit in which whatever the court decides will affect all members of a class similarly situated. This was pioneered by National Association for the Advancement of Colored People (NAACP), Legal Defense Fund, and Sierra Club. Procedural Rules- rules that shape the litigation process, designed to protect the rights and interests of the parties and to ensure that the litigation proceeds in a fair and orderly manner, identify issues that must be decided by the court. The party who does not follow court’s order can be cited for contempt. Civil contemptfailing to comply with a court’s order for the benefit of another party to the proceeding; can be taken into custody, fined, or both. Criminal contempt- obstructing the administration of justice or disrespecting the rules of the court, can be taken into custody and fined but cannot avoid punishment by complying with a previous order. Types of Federal Court- a three tiered model: (1) US district courts and various specialized courts of limited jurisdiction (2) intermediate US court of appeals (3) US Supreme Court US District Courts- are trial court- a court in which trials are held and testimony is taken. It’s the court of general jurisdiction- meaning they can hear cases involving a broad array of issues. Federal cases involving most matters are heard in district courts. Courts on the lower tier are of limited jurisdiction they try cases involving only certain types of claims, like tax claims or bankruptcy petition. There’s one federal district court in every state. 94 federal judicial district and 678 district court judgeships. Southern NY Has the largest number of judges 28, followed by Central District of California 27. A party who is dissatisfied with the decision of a district court can appeal the case to the appropriate US court of appeals, or federal appellate court. US Court of Appeals- there are 13 US court of appeals or US circuit courts of appeals. 12 of these courts (including DC) hear appeals from federal district courts located within their respective judicial circuits. The 13th court of appeals is called Federal Circuit and has national appellate jurisdiction over certain types of cases like patent law and those in which the US government is a defendant. When the appellate court reviews a case decided in a district court but it will not conduct another trial. They will look if the court made an error the will not look at questions of facts but on questions of law. The appellate court will challenge a trial courts finding only when the finding is clearly contrary to the evidence presented. The party can also petition the US Supreme Court to review the appellate court’s decision but the chances are slim. The appellate court decisions are usually final. The United States Supreme Court- the highest level of the three tiered model. Established in 1789 with only 6 justices. 1869 there are 9 positions in the court. Article III of the US Constitution there is only one national Supreme Court the rest are considered “inferior.” Inferior court that the congress created: districts courts, federal courts of appeals, and federal courts of limited jurisdiction. Supreme court can exercise original jurisdiction like those affecting foreign diplomats and those in which a state is a party, but most of its work is as an appellate court. It hears appeals from appellate court and highest state courts, and review a state supreme court decision. Federal Court and the War on Terrorism- specialized courts that meet in secret.

The FISA Court- federal government created the first secret court in 1978. Foreign Intelligence Surveillance Act (FISA) established a court to hear requests for warrants for the surveillance of suspected spies. Requesting a warrant without having to reveal the suspect, public information used to justify the warrant, or that even the warrant existed; can authorize surveillance. All FISA court judges are appointed by chief justice of the Supreme Court without review of any authority. FISA allowed secret domestic surveillance only if “purpose” was to combat intelligence gathering by foreign powers. After 9/11 Amendment to FISA “a significant purpose” – warrants may now be requested to obtain evidence that can be used in criminal trials. The FISA Court and the National Security Agency- the National Security Agency (NSA) that Snowden leaked to press in 2013 dealt with the FISA court. Metadata-information about calls such as time, who called and who was called. FISA granted NSA to collect metadata on all phone calls regardless of carrier. FISA court justified the data collection through “a special needs” exception to the Fourth Amendment- but it does not apply to national security surveillance. Alien Removal Courts- 1996 Anti-Terrorism and Effective Death Penalty Act ( response to the bombing of the federal building in1995). The new law focused on noncitizens. The act created an “alien removal court” to hear evidence against suspected “alien terrorist.” (the defendant cannot see the evidence use against them) The Federal Court and the Suspected Terrorists- suspected terrorist after 9/11 were held at Guantanamo Bay, Cuba. Court (2006) held that the Bush administration’s treatment of these detainees violated the US Constitution. 2006 the congress passed an act that eliminated federal court jurisdiction based on habeas corpus. 2008, Boumediene v. Bush the court ruled that the provisions restricting the federal court’s jurisdictional authority over detainees’ habeas corpus were illegal (civil rights). 2010 federal appeal court ruled that the administration had the right to detain the prisoners indefinitely at Bagram Air Base in Afghanistan- foreign soil and within war zone. The Supreme Court at Work Supreme Court begins it regular term on the first Monday in October and adjourns in late June or early July. Issues decided by Supreme Court: right to bear arms, health-care reform, and campaign finance; affirmative action program, religious freedom, abortion, and many others. Supreme court can influence the nation’s policies by issuing decisions in some types of cases and refusing to hear appeals on others, allowing lower court decision to stand. Bush v. Gore the supreme court reversed the Florida’s court order to recount manually the votes in selected Florida counties- a decision that handed presidency to Bush. Which Cases Reach the Supreme Court?- The court’s appellate jurisdiction is discretionary- the court chooses which case it will decide. Factors That Bear on the Decision-(1) if legal question has been decided differently by various lower courts, it may need resolution by the highest court.(2) a lower court’s decision conflicts with an existing Supreme Court ruling – depends if the issue have significance beyond the parties to the dispute. (3)the solicitor general ask the Court to take the case. The solicitor general- is a high ranking presidential appointee within the Justice Department represent the national government before the Supreme Court, promote presidential policies in the federal court, decide which case the government should ask the court to review and what position should the government take on the case Granting Petition for Review- if the Court decides to grant a petition for review, it issues a writ of certiorari. The writ orders the lower court to send the Supreme Court a record of the case for review. Denial of the writ has no value as a precedent. The Court will issue a writ unless at lest four justices approve of it, it’s called the rule of four. Court Procedures- once certiorari is issued  extensive research is done, 4 law clerks for each judge. Court does not hear evidence, its base on abstracts, record, and briefs. The attorney are permitted to present oral arguments, the Supreme Courts can question them at the time of oral arguments. The judges meet to discuss and vote on cases in conferences, which is strictly private. Decisions and Opinions- When the Court reached a decision, its opinion is written. The opinion contains court’s ruling on the issues presented, the reason for its decision, the rules of the law that apply, and other

information. Most cases the decision of the lower court is affirmed, resulting in the enforcement of that court’s judgment or decree. Reverse -the Court believes that the lower court made a wrong decision. Remanded -sent back to court that originally heard the case for a new trial or proceeding. When the written opinion is unsigned it is called per curiam (“by the court”). The opinion is signed by the justices who agree with it. When the chief justice is in the minority the senior justice on the majority side signs the opinion. Types of Opinions  Unanimous opinion- when all justices unanimously agree on an opinion, the opinion is written for the entire court.  Majority opinion- outlining the views of the majority of the justices involved in the case  Concurring opinion- one or more justices who feel strongly about making or emphasizing a particular point that is not made or emphasized in the majority, agrees with the conclusion but wants to clarify a particular point or to voice disapproval of the grounds on which the decision was made.  Plurality opinion- does not represent the majority of the court but it will still decied the case because one or more concurring opinions agrees with its verdict.  Dissenting opinions- written by those justices who do not agree with the majority., its important because it often forms the basis of arguments. Publishing Opinions- the decision is announced on the bench, releases the opinion for online publication, and sent to the Unites states Reports to be published- it is the official printed record of the Court’s decisions. The Court’s dwindling Caseloads- 1982-1983 151 cases, 2000s 70-80 cases, 2016 81 cases The Selection of Federal Judges Article II section 2 states that the president is to appoint the justices of the Supreme Court with the advice and consent of the Senate. Once appointed to a federal judgeship, a person holds that job for life, unless they retire, resign, or die. State judges and state supreme court judges are elected. Judicial Appointments- candidates are suggested to the president by the Department of Justice, senators, other judges, the candidate themselves, and lawyers’ associations and other interest groups. The president consider the competence of the person, political philosophy, ethnicity, and gender. Steps: president makes the actual nomination  submit the name to the senate Senate Judiciary Committee invites testimony both written and oral, and various hearings  senate confirms or rejects. Federal District Court Judgeship Nominations- before judicial appointments were a form of political patronage. President Jimmy Carter ended this tradition by establishing independent commissions to oversee the initial nomination process. President Ronald Reagan abolished Carter’s nominating commission and established complete presidential control of nomination. Senatorial courtesy is a constraint on the president’s freedom to appoint federal district judges, it allows senators of the president’s political party to veto a judicial appointment in her/his state. 2000 Orrin Hatch Republican chair of the Senate Judiciary Committee announced that the opposition party would no longer be allowed to invoke senatorial courtesy. 2006 Patrick Leahy (D) became chair of the committee and return the old bipartisan system of senatorial courtesy. Federal Courts of Appeals Appointments- fewer appointment in federal court of appeals than federal district court appointment. Federal appellate judges handle more important matters, the president take a keener interest in the nomination process for such judgeships. US courts of appeals have become the “stepping stones” to Supreme Court. Supreme Court Appointments- president nominates Supreme Court justices. Common occupational background of justices at the time of appointment: private legal practice or state or federal judgeship. 9 justices who were in the federal executive post at the time of appointment held high offices of secretary of state, comptroller of treasury, secretary of the navy, postmaster general, sec. of interior, chairman of security and exchange commission, and sec. of labor. There are two justices who were professor of law. The Special Role of the Chief Justice- not only the head of the nine justices who interprets the law, but also the chief executive officer of a large bureaucracy that includes more than 1000 judges, the chair of the

Judicial Conference of the United States- a policymaking body that sets priorities for the federal judiciary (oversees $7B budget of federal judiciary), appoints the director of the administrative Office of the United States Court. The chief justice and the director select judges for the judicial committee that examine international judicial relation, technology, and a variety of other topics. Partisan and Judicial Appointments- The president appoints judges or justices who belong to their own party. Supreme Court Appointments by Bush- fill two Supreme Court vacancies- appointed two conservatives John Robert (who become chief justice) and Samuel Alito. Supreme Court Appointments by Obama- appoints Sotomayor first Hispanic member and Elena kagan (Obama’s solicitor general). The Senate’s Role- ideology plays a large role in confirmation hearing.20% of presidential nomination were rejected. Controversial Supreme Court Appointments- most memorable rejection was Senate’s refusal to confirm Robert Bork (R ) 1987. Controversial appointment of Clarence Thomas who has sexual harassment charges against him. Bush withdrew the nomination of White House counsel Harriet Miers. The Controversy of Following the Death of Justice Scalia- Feb. 2016 Justice Scalia (R) died unexpectedly. Obama nominated Garland (D) but the Senate postponed the action to replace Scalia in hopes that the Republican will win the presidential election. Trump won and nominated a republican. Lower Court Appointment Battles- 2013 democrats exercise “nuclear option” abolishing filibusters against executive branch nominees and all judicial nominees other than to the Supreme Court. Policy Making and the Courts The partisan battles over judicial appointments because appointments to the federal bench are for life, the ideology of judicial appointees can affect national policy for years to come. The primary function of judges in our system of government is to interpret and apply the laws, inevitably judges make policy when carrying out this task. The major policymaking tool of the federal courts is their power of judicial review. Judicial Review- the power of the court to d...