The Federal Court System

• Under the Articles of Confederation, there was no national court system in the U.S.
• Article 3 of the Constitution established a national (federal) judiciary, including the Supreme Court.
• The U.S. operates under a dual court system, consisting of national (federal) courts and state courts.

National (Federal) Courts

• The Constitution established the Supreme Court.
• Congress created inferior courts through the Judiciary Act of 1789.
• There are two types of inferior courts: constitutional courts and special courts.
• Special courts include Patent Courts, Tax Court, and Court of Military Appeals.
• Federal courts have jurisdiction over cases heard in federal court rather than state court.
• Cases involving constitutional law are heard in federal court.

Federal Judges

• Federal judges are selected by the President and confirmed by the Senate via senatorial courtesy.
• Judges serving on constitutional courts have life terms.
• Judges on special courts serve for 15 years.

Decision Making

• Judicial restraint involves deciding cases based on the original intent of the Constitution's framers, with precedent playing an important role.
• Judicial activism involves judges acting more boldly, interpreting and applying laws in light of societal changes.

The US Supreme Court

• The U.S. Supreme Court consists of nine justices.
• John Marshall, a notable Chief Justice, served for over 30 years and strengthened the federal government through court decisions.
• Marbury v. Madison (1803) established the Court's power of judicial review, allowing it to rule actions of other branches unconstitutional.
• The Rule of 4 requires four of the nine justices to agree that a case is worth hearing, leading to a writ of certiorari to bring the case from a lower court.
• Lawyers from both sides submit briefs detailing their arguments and citing precedents (Stare Decisis - Let the Decision Stand).
• Amicus Curiae briefs from outside parties with strong interest in the outcome may be admitted.
• Lawyers present oral arguments, typically limited to 30 minutes.
• Supreme Court justices meet in closed sessions twice a week to discuss and decide pending cases, with the Chief Justice presiding.

Supreme Court Decisions

• Decisions are made after reading briefs, hearing arguments, and discussing in closed chambers, requiring a five-vote majority.
• A written opinion explains the Court's decision.
• A Majority Opinion represents the agreement of five or more justices and is often written by the Chief Justice.
• A Concurring Opinion is written by justices who agree with the Majority Opinion but on different legal grounds.
• A Dissenting Opinion is written by justices who disagree with the majority opinion.

Criminal Law Terms

• A Felony is a serious crime (6 levels) with a possible sentence of 1+ years to death.
• A Misdemeanor is a lesser crime (3 classes) punishable by less than 1 year.
• The Defendant is the accused.
• The Plaintiff is the person or state bringing the charges.
• A Grand Jury of 23 people determines if there is enough evidence for an indictment and trial, but does NOT determine innocence or guilt.
• A Petit Jury (Trial Jury) of 6-12 people determines guilt or innocence.
• "Innocent until Proven Guilty" means the burden of proof lies on the state to prove guilt beyond a reasonable doubt.
• Prosecution represents the state and has the burden of proof.
• A Defense Attorney represents the defendant.