U.S. Federal System: Criminal and Civil Cases

• The federal system has two levels: national and state, each operating its own court system
• There is one federal judiciary for the nation and separate state judiciaries in each of the 50 states

Criminal and Civil Cases

• State and federal courts have jurisdiction over criminal and civil law
• Criminal law covers acts that harm the community, such as violence against another
• In criminal cases, the state or federal government prosecutes to prove the defendant's guilt
• Many acts (like murder) are criminal offenses in all states, but some (gambling, marijuana) are legal in some states and not others
• As of 2020, recreational marijuana use was legal for adults in some states but violated federal law
• States vary in punishments for similar crimes
• Criminal defendants have constitutional protections
• The right not to testify (Fifth Amendment)
• A speedy and public trial with an impartial jury
• The right to confront witnesses
• The right to an attorney (Sixth Amendment)
• A "not guilty" verdict protects defendants from double jeopardy (Fifth Amendment)
• A defendant may be tried multiple times for the same actions if more than one law was broken
• Criminal statute convictions lead to punishment like fines, imprisonment, or death penalty
• Civil law covers private rights and relationships between individuals and groups
• In civil cases, the plaintiff claims to be wronged, and the defendant is accused of violating rights or agreements
• Civil case parties can be individuals, corporations, or the government
• A jury or judge decides civil cases

State Courts

• State courts handle most US court cases
• State judicial systems vary but share common traits
• Handling both criminal and civil cases, State courts have a system of trial courts
• Handling cases arising under state laws with original jurisdiction
• Specialized courts handle traffic violations, family disputes, and small claims
• Over half the states have intermediate appellate courts and each state has at least one state supreme court

Federal District Courts

• The federal court system is a three-layered pyramid
• The lowest level is the federal district courts, created by Congress in the Judiciary Act of 1789
• District Courts have original jurisdiction
• As of 2020, there were 94 district courts in the United States, with each state having at least one
• District court boundaries do not cross state lines and handle most of the federal courts' work
• A judge hears each case
• The Constitution guarantees the right to a jury trial in all federal criminal cases (Sixth Amendment) and some civil cases (Seventh Amendment)

Appellate Courts

• The federal courts of appeals are the middle level of the constitutional courts
• There are thirteen courts of appeals
• Eleven have jurisdiction over regionally based "circuits"
• One has jurisdiction over the District of Columbia
• The thirteenth handles cases involving international trade and patent law.
• Courts of appeals exercise only appellate jurisdiction, reviewing decisions from federal district and specialized federal courts

Supreme Court

• The Constitution establishes the US Supreme Court as the highest court
• The Supreme Court resolves differences between the states, an issue under the Articles of Confederation
• Since 1869, the Court has nine justices: a chief justice and eight associates
• Each justice has clerks for selecting, researching, and writing decisions
• The Court is in session approximately nine months a year, starting on the first Monday in October
• Cases still on the docket at a term's end continue to the next term
• The Supreme Court exercises original jurisdiction in few cases, described in Article III of the Constitution
• Involving Ambassadors, other public Ministers and Consuls
• Those in which a State shall be a Party
• In all other cases in which the federal judiciary court has appellate jurisdiction espicially those involving a federal issue

Appeals Decisions

• Exercising appellate jurisdiction involves deciding whether to hear a case and issuing a decision based on the merits and applicable law
• Almost all cases heard on appeal originate from a litigant who lost in a lower court
• The Supreme Court receives 8,000-9,000 petitions a year but hears less than 1%, 80-90 cases
• The number of cases heard by the Supreme Court dropped by 50% in recent years
• Lacking constitutional guidance, justices adopted the rule of four: the case will generally be heared if four or more justices vote to do so
• The Court issues a writ of certiorari ("to be more informed") to the lower court for the case records, called "granting cert."
• Review on a writ of certiorari is not a matter of right, but of judicial discretion and granted for compelling reasons.
• Granting cert depends on differing interpretations of law or previous rulings among lower federal courts or state supreme courts
• Cases involving the Constitution, federal law, or a treaty are more likely to be heard
• Supreme Court decisions set a precedent, guiding future similar cases
• Individual justices may avoid granting cert if they perceive an undesirable precedent
• Under stare decisis, the Supreme Court may avoid a new precedent by allowing a previous decision to stand.

Considering and Deciding on Cases

• The Supreme Court requests briefs and non-parties may file amicus curiae briefs
• Court clerks assists the justices in reviewing briefs and the case is then scheduled for oral arguement
• The justices assemble a fixed amount of time (half an hour) and may interrupt and question the lawyers as they present their arguments
• After oral argument, the case goes to judicial conference, where justices meet and vote in secret, taking months, and justices can change votes
• The majority opinion dictates the ruling and logic and may affirm, reverse, or remand the case
• The majority opinion is binding and guides lower courts in similar cases
• Concurring opinions may be written as justices agree with the majority but for different reasons
• Dissenting opinions can be written should the justices disagree with the majority but do not serve as percedent