The Federal Courts
THE NATURE OF THE JUDICIAL SYSTEM
Criminal Law- used when a person has violated a law and must be finished.
Civil Law- used to settle disputes between parties where no law has been broken.
Only about 3% of all cases actually go to trial. Most are settled out of court.
Litigants- the parties that are involved in a case.
The plaintiff is the person who brings the charges. The Defendant is the party who is
being charged. A plaintiff must have standing to sue or sufficient legal reason to bring
charges. A class action suit is a suit where litigants sue on behalf of all citizens who are
in the same situation.
Amicus Curiae- translated from Latin, it means “friend of the court” and refers to
someone who has no relevance to any particular side in a case. Instead, they volunteer
information regarding a point of law or something else relevant to the case that they feel
may help the court in deciding a matter related to it.
Attorney’s are lawyers that present a case in court. Every citizen is guaranteed a lawyer
in a criminal case.
THE STRUCTURE OF THE FEDERAL JUDICAL SYSTEM
Courts of original jurisdiction are the first courts to hear a case, usually when it goes to
trial. The court then assesses and decided a case based on the facts of the case. Most
cases do not continue after their first ruling.
Courts of appellate jurisdiction hear cases that have been appealed. The court interprets
the case as it relates to the law but it does not review the facts. The litigants do not appear
before the court and there is no jury.
There are 91 federal district courts. These have original jurisdiction and the trials are
held in which the litigants appear before the court. Federal district courts mainly handle
cases violating federal law, civil suits in which the litigants are in different states and
bankruptcy proceedings and the process of naturalization.
The U.S Attorney, in each district serves as the government’s lawyer. The government is
the plaintiff when prosecuting violators of federal law and they can be either the plaintiff
or defendant in civil suits.
There are 12 Courts of Appeal which review cases appealed from the district court.
They have appellate jurisdiction and their ruling sets a precedent for the district courts.
The Supreme Court is the ultimate authority on the law. It has original jurisdiction in
cases between two states, the federal government and a state, or a state and a foreign
country. Most cases fall under its appellate jurisdiction. They are able to choose the cases
that they hear and there are nine justices who rule on cases together.
The Politics of Judicial System
All Federal judges are appointed by the president.
Nominations must be confirmed by the Senate. Confirmation of state-level judges is
determined by senatorial courtesy, which actually gives Congress significant influence
in appointing judges.
Justices are carefully selected by the president when there is a vacancy on the Supreme
Court.
The Courts as Policy Makers
Accepting Cases: The Supreme Court shapes policy by selecting which cases to hear.
Most likely to choose cases involving civil rights and civil liberties, a discrepancy in the
lower courts’ interpretation of the law, or disagreements between justices and lower
courts.
Making Decisions: The Court follows a regular process.
1. Justices read briefs pertaining to a case.
2. Hear Oral Arguments
3. Meet to Discuss Cases and vote on decision.
4. Write and announce opinions.
Decisions are based heavily on precedent and lower courts must follow precedents set by
higher courts.
Decisions must clarify ambiguities in the law.
Justices usually rule stare decisis “Let the decision stand.”
Judicial Implementation is the decisions that must be translated into policy.
This is accomplished by policymakers, the president, lower courts, lawyers and
administrators.
The public must become aware of its rights under the new decision.
Often implementers disagree with the decision and try to hinder implementation.
The Courts and the Policy Agenda
Some justices have had a significant impact on the shaping of policy.
John Marshall: Initiated the practice of judicial review in the case of Marbury v.
Madison. This expanded the power of the courts significantly.
The Warren Court: The Supreme Court became actively involved in expanding civil
rights and civil liberties.
The Burger Court: Appointed by Nixon, Burger made the court more conservative,
though it still allowed abortion in Roe v. Wade.
The Rehnquist Court: The court became even more conservative with Regan’s
appointments and began to limit previous rulings.
Some critics think the Supreme Court is too powerful and favor judicial restraint.
Others favor judicial activism to allow justices the freedom to forge new policies,
especially concerning people largely underrepresented in the political process.
Power of the courts is checked by the president’s appointments and by Congress’s ability
to amend the Constitution despite a Supreme Court decision.
Multiple Choice and FRQ
1. A plaintiff cannot bring suit unless he or she has fulfilled which of the following?
a. Paid Bail
b. Filed an amicus curiae brief
c. Appealed the case
d. Hired a public defender
e. Established standing to sue
2. Which of the following statements are true about the cases on the Supreme Court’s
docket?
I. The Supreme Court tries to hear every case that it is appealed to it.
II. Cases pertaining to civil liberties are likely to be placed on the docket.
III. The U.S solicitor general decides which cases the Supreme Court will hear.
IV. The Supreme Court has original jurisdiction in cases involving civil disputes
among residents of a particular state.
a. II only
b. IV only
c. I and II only
d. II and III only
e. III and IV only
3. Courts of appeal focus their attention on which aspect of a case?
a. The facts presented by both parties in the original case
b. The amicus curiae briefs registered by the courts
c. The backgrounds of the jury members in the original case
d. The procedures and interpretation of the law in the original case
e. The testimonies of both sides given before the Supreme Court
4. Congress influences the ideology of the Supreme Court by
a. Passing laws to limit judicial review and prohibit judicial activism
b. Issuing recommendations through the Senate Judiciary Committee
c. Approving or rejecting the president’s nomination of justices
d. Choosing which cases the Supreme Court will hear
e. Nominating justices for the president’s approval
5. All of the following statements accurately describe the federal court system EXCEPT
a. Very few federal cases actually go to trial
b. Federal courts do not handle cases involving state laws
c. All federal judges must be nominated by the President and confirmed by Congress
d. Lower courts must adhere to the precedents set by higher courts
e. Some federal courts have original jurisdiction, whereas others have appellate
jurisdiction
6. What is the final step in the Supreme Court’s decision making process?
a. Taking a vote
b. Writing the opinion
c. Hearing oral arguments
d. Reading briefs
e. Setting the agenda
7. Which of the following is the most frequent outcome of a Supreme Court cases?
a. It significantly alters current policies
b. The justices vote unanimously
c. It reverses the lower courts decision
d. It overrules the Courts’ own precedent
e. It agrees with the decision of the lower court
8. The decision of a federal court is most likely determined by
a. The argument put forth by the prosecution
b. The argument put forth by the defense
c. Precedents set by similar cases
d. The political ideology of the judge
e. Briefs submitted by the federal judge
9. The Warren Court was famously known for
a. Expanding civil rights and liberties
b. Making the court more conservative
c. Allowing abortion to stand in Roe v. Wade
d. Suspending judicial review
e. Limiting previous rulings
10. Which of the following is not true about the Supreme Court?
a. They can hear cases between two states
b. They can hear cases between the federal government and a state
c. They can hear cases between a state and a foreign country
d. They are able to choose the cases they want to hear
e. None of the above
FRQ #1
The judicial branch is designed to be more independent of public opinion than are the legislature
or the executive. Yet, the United States Supreme Court rarely deviates too far from prevalent
public opinion.
A) Describe two ways in which the United States Supreme Court is insulated from public
opinion.
B) Explain how two factors work to keep the United States Supreme Court from deviating
too far from public opinion.
Answer Key
1. E- Standing to sue is the correct answer because, before a plaintiff can bring a suit, they
must first establish standing to sue.
2. A- Choice II is the correct answer because the Supreme Court tends to put cases
pertaining to civil liberties and civil rights higher on their docket due to importance.
3. D- The procedures and interpretation of the law in the original case is the correct answer
because the court of appeals focuses on the appeals of a given case.
4. B- Issuing recommendations through the Senate Judiciary Committee is the right answer
because the Senate must approve Supreme Court nominees so they can nominate justices
they believe will work with their political ideology.
5. B- Federal courts do not handle state laws because that is up to the state courts to decide.
6. B- Writing the opinion is the correct answer because it is the last step in the decision
making process.
7. E- It agrees with the decision of the lower court is the correct answer because they tend
rule with a “stare decisis.”
8. C- Precedents set by similar cases is the correct answer because Decisions are based
heavily on precedent and lower courts must follow precedents set by higher courts.
9. A- Expanding civil liberties is the correct answer because many cases under the Warren
court had to do with civil liberties such as Brown v. Board of Ed, Gideon v. Wainwright
and Miranda v. Arizona.
10. E- None of the above is the correct answer because the rest of the choices are actually
true about the Supreme Court.
FRQ #1
Part A.
Appointed or not elected
Serve life terms
Court’s ability to control own docket
Salaries cannot be reduced
Limited access to court proceedings.
Part B.
The appointment and/or confirmation process and Congress confirms
Reliance on other public officials to execute decisions
The fact that the Supreme Court can be overruled with new laws or constitutional
amendments.
The concern for reputation- individual reputation and/or that of the Supreme Court.
Concern for credibility/legitimacy of the institution falls into this category.
The potential for impeachment of justices.
Congressional control of the Supreme Court’s appellate jurisdiction and/or changing the
number of justices on the court.