Court Outline : G Band

The SUPREME COURT

Supreme Court: The highest court in the federal system established in the constitution.
JURISDICTION OF THE SUPREME COURT
Original jurisdiction:
1. Supreme court hears the case directly without going through intermediate stage.
2. Least common
3. Hears disputes between different states (ex. New jersey v New York in 1998)
4. Cases are rare
Appeal from the circuit court:
o Most common
o A party can file a petition to the supreme court for a writ of certiorari
o Decides what cases to hear
Appeal from a state supreme court
o Each state has its own state law
o Supreme court doesnt challenge state court
Oral Arguments Before the Supreme Court
o Supreme Court starts with oyez, oyez, oyez
o Justices hear oral arguments
o Oral arguments provide a means for lawyers to advocate their case directly to the justices.
o Parties that are not involved in the case but have an interest in the court case, may submit an amicus curiae
brief.
o After completion, the justices in schedule the case for oral argument.
o A lawyer for each side has half an hour to present their case.
o Justices interrupt to ask questions.
Oral Arguments Before the supreme Court (continued)
o oral arguments can help identify issues that were not properly discussed by parties.
o Lawyers and justices magnify their strengths and weaknesses through their arguments.
Supreme Court Opinion
o The justices then take a turn to discuss, each person speaks once before anyone can speak twice
Bills either get passed or rejected.

CONSTITUTIONAL ISSUES INSIDE OF THE LEGISLATIVE AND EXECUTIVE BRANCHES

General Constitutional Issues:
The Judicial power of the U.S. is

The Supreme Court is the

directed towards the Federal

highest in the Federal Court

Court System.

System.
SCOTUS Justices=lifetime federal

Congress may create courts below

judges unless removed

Supreme Court (Inferior Courts)

Congress may not lower federal

judges pay while in office

I
A

II

The Courts & The Executive Branch

The Power of the President towards Federal judges
Article II of the Constitution = power of appointment of federal judges
President chooses people who share same political beliefs
Check of the Executive branch on Federal Courts
President FDR (1937) new legislation-court packing- president can appoint an additional
Justice to Supreme Court when Justice is over the age of 70 + six new Justice added- NOT
PASSED
Federal Court Check on Executive branch
Impeachment
Article I = Chief Justice takes over Senate when president is impeached
Andrew Johnson (1868) => Chief Justice Samon Chase
Bill Clinton (1999) => William Rehnquist
Supreme Court Cases
U.S. vs. Nixon (Presidential privilege doesnt overrule)
Clinton vs. Jones (not immune from civil case)
Legislative Branch
A Process of Judicial Review
1803 Marbury vs. Madison => Chief Justice John Marshall ruled Judiciary Act of 1789
unconstitutional=> first time Supreme Court declared unconstitutional
Dred Scott decision => Missouri Compromise legislation unconstitutional
Civil Rights Act 1964 => Heart of Atlanta Motel vs. U.S. => discrimination of African
American hotel guests-upheld civil rights constitutionality under interstate commerce.
B Overturn to Supreme Court decisions
Department of Transportation vs. Paralyzed Veterans of America (1986) Federal civil rights
law protects the rights of people with disabilities but not people apart of the airline
industry=> Air Carrier Access Act
Overturn of Courts decision to prohibit discrimination

-----------------------------------------------------------------------------------------------------------------------------------------------Structure of the federal courts

Highest power: Supreme Court

Called highest court in the land

Hears federal and state appeal cases
9 justices: being hearing cases first Monday of October
Middle power: Federal courts of appeal

12 regions called circuits

11/12 handle state cases
12th court =court of appeal that makes cases eligible
to the supreme court
Lower power: Federal district court

94 district courts
No appellate jurisdiction
Cases start at the lowest court level District

Although they start at the bottom, they can move up or back down the structure as well

The district court can make a decision that appeals the circuit court panel, a rehearing by the circuit court panel can lead
to the case traveling to the Supreme Court.
-----------------------------------------------------------------------------------------------------------------------------------------------The Supreme Court
Ways a Case Reaches the Supreme Court
I. Original jurisdiction: The Supreme Court hears the case directly for the first time. The case did
not go through an appeals process because there was no prior ruling. This is the least common
way for a case to reach the Court.
II. Appeal from a circuit court: A party from a case in a lower court can file a petition to the
Supreme Court. This is the most common way for a case to reach the Court.
III. Appeal from a state supreme court: A party from a case in a states highest court files a
petition to the Supreme Court. The Supreme Court generally does not hear cases about state
law, but would hear a case where the state courts ruling deals with Constitutional issues.
Steps in the Supreme Court
1. The Supreme Court decides to hear the case and issues a writ of certiorari
2. Lawyers submit briefs to the Court that argue their case; parties that are not involved in the
case but have an interest in the Courts decision may submit amicus to support their views.
3. The session of the Supreme Court starts with the words Oyez, Oyez, Oyez.
4. Lawyers present their oral arguments in 30 minutes each, in which the Justices will often
interrupt the lawyers to ask questions. Oral arguments are important because they are open to
the public and media, and allow Justices to ask questions that might impact their decision.
5. Justices meet in private to discuss the case and work with law clerks to draft the opinions.
Types of Supreme Court Opinions
I. Majority opinion: The opinion of the majority of the judges. In most cases, a majority opinion
requires five Justices. The majority opinion sets precedent for future cases.
II. Concurring opinion: Written by individual Justices who are in the majority, but might want to
emphasize a different point or agree with the majority for a different reason.
III. Dissenting opinion: Written by Justices not in the majority. These are important because it
gives insight into how the Court reached its decision.
IV. Per curiam opinion: Highly uncommon, this kind of opinion is a majority opinion delivered by
the Court as a whole, with no individual Justice taking authorship.

Federal Courts Appeal

I. Circuit Courts

A. Circuit Courts are the Twelve United States Courts of Appeal that are spread all throughout the
country.
B. Each court handles their own collection of states and hears cases within their range of states.
C. Each circuit also has their own number of judgeships set up by Congress.
a. Eleven circuit courts handle more than one state and the Twelfth Circuit is the Court of Appeals
for the District of Columbia Circuit which meets in Washington, D.C.
D. It was first named as the Circuit Courts of Appeal in 1891, and later on renamed as the United
Courts of Appeal in 1948.
II. Roles of Circuit Courts
A. Circuit Courts act as intermediate appellate courts, meaning they do not handle jury trials. The
only cases handled are those in which a party agrees that a district court judge made an error in
handling a case. Appeals can be based on a perceived error of the judge.
B. To determine merits of an appeal, circuit judges refer to briefs, which outline the legal
arguments at issue. At times, judges will issue a decision based on the review of a brief. In other
instances, oral argument sessions are held, in which the opposing attorneys argue their points
in front of the judge.
C. Every case held at a circuit court is heard by three judges. However, parties can ask for a
rehearing with all circuit court judges.
III. Splits Among Circuit Courts
A. Occasionally, situations arise in which circuit courts rule differently on the same issue.
a. Federal judges generally rule the way a previous court ruled using a doctrine known as stare
decisis (to stand by a decision).
b. Judges in one circuit court aren't bound by rulings in another circuit.
B. Circuit courts tend to divide or split because of geographical, political, or idealogical
differences.
a. The Fourth Circuit (based in Virginia) tends to lean more towards a conservative viewpoint
while the Ninth Circuit (based in California) tends to be more liberal.
C. Splits are important because they signal future Supreme Court decisions.
a. The Supreme Court will resolve a split among circuits and give the final decision.
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FEDERAL COURT OF APPEALS (CIRCUIT COURTS)

Outline
A. Federal Courts of Appeals (Circuit Courts)
a. History:
1a. Ist formed, Justices were expected to travel twice a year to visit different circuits
1b. Travel was slow & difficult during the late 18th century
1c. Justices continued to ride Circuit until 1891
1d. Congress created Circuit Court of Appeals in 1891
1e. 1948: Name Changed to: United States Court of Appeals
b.

Structure:

2a. The United States has 12 Courts of Appeals

2b. Each covers individual circuit
2c. Each of the 11 Circuit Courts have jurisdiction over more than 1 state
2d. 12th Circuit Court: Court of Appeals for the District of Columbia Circuit
2e. Each circuit has limited number of judgeships
-Judgeships are set by Congress
2f. 1st Circuit: Eastern New England States (6 Circuit Judges) LEAST
2g. 9th Circuit: Nine Western States (29 Circuit Judges) MOST
c.

Role:

3a. Circuit Courts=Intermediate Appellate Courts

3b. Do Not Handle Jury Trials
3c. Appellate Jurisdiction: jurisdiction of courts that hear cases brought to them on appeal from
lower courts (District Courts). These courts do not review the factual record, only the legal issues
involved.
3d. Only Handles Cases where (Losing Party argues that a district court judge has made an error
in handling the case)
-Party may base an appeal on a perceived error by a district court judge
Example: 1. Party may argue Judge approved improper jury instructions/ 2. Vital piece of
evidence was inadmissible
3e. Judges apply several standards of review
3f. Issues decisions based on the decisions of lower courts (district courts) : And whether the
decision is (Right or Wrong?)
d.

Merit of Appeal:

4a. Circuit Judges rely on Briefs

Each party to an Appeal submits a brief

4b. Brief: Outlines legal arguments of case/issue
e.

Decision Making:

5a. Circuit Judges make decisions based on:

1.

Briefs

2.

Oral Arguments (scheduled sessions)

-Oral Argument Session: Both parties argue their positions and have opportunities to answer
questions from circuit judges
-At first every case is handled by a panel consisting of 3 judges
(sometimes a retired judge/ district court judge will be on the panel)
En Banc Panel: Panel consisting of all circuit judges

an en banc session is a session where a case is heard before all the judges of a court
f. Split Among the Courts

Judges in one court are not bound by rulings of another circuit

Opinions written by Circuit Court may be helpful/instructive

Stare Decisis: A Latin phrase meaning "let the decision stand." Most cases reaching
appellate courts are settled on this principle.

Judges in other circuits may choose to adopt/approach differently

- Geographical, Political, and Ideological factors account for the split between different methods
of approach from individual circuit courts
-Circuit: a geographic area containing several district courts
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The structure of the federal courts is pyramidal

The Supreme Court is at the top of the pyramid and is the highest court in the federal system
The Supreme Court hears most cases on appeal and any litigants wishing to appeal their cases

from a court must file for a writ of certiorari

If four of nine justices agree to issue a writ, the court will hear the case
The Federal Courts of Appeal are the middle part of the pyramid
The courts are divided into twelve different regions known as circuits
Eleven of the twelve circuit courts handle cases from different states while the twelfth circuit

court is the Court of Appeals for the District of Columbia, located in Washington
There is also a United States Court of Appeals for the federal court which hears certain

specialized cases
The Federal District Courts are the lowest part of the pyramid

There are 94 judicial districts across the country including the District of Columbia, Puerto Rio,

Virgin Islands, Northern Mariana Islands, and Guam

Most cases start at the district court level and can only proceed to the circuit court level once a

district court judge issues a ruling

Cases can also move down the structure such as when a higher court overturns a decision of a
lower court

Structure of a court
Case begins at a district court level and once its opinion is issued, a party could appeal to the
circuit court level. The appeal is then heard by a three-judge panel of the membership of the

circuit court
After circuit court issues its decision on the appeal, the case could go back down to the district
court, it could be reheard, which is an en banc panel of all judges appointed to that circuit

court. It could also be appealed to the Supreme Court by the request of certiorari
If four Supreme Court justices choose to issue a writ of certiorari, the court issues a decision on

the case
Court could remand the case back to either the district court or the circuit court
-----------------------------------------------------------------------------------------------------------------------------------------------OUTLINE FOR COURT AND ITS RELATIONSHIPS WITH THE OTHER BRANCHES
I. Powers Granted or Not Granted By Article III of the Constitution
A. Granted Powers
1. The judicial power of the U.S. is vested in the federal court system.
2. Congress has the ability to create lower courts that have power below the Supreme Court.
3. SCOTUS Justices and other federal judges held the job for life, unless removed from office.
4. The Supreme Court is the most powerful court.
B. Powers That Are Not Granted
1. Congress cannot lower the pay of federal judges or SCOTUS Justices while they are in justice.
II. The Executive and Judicial Branches
A. The Executive Branch and Appointments
1. The executive branch keeps a check on federal courts through the power of appointment.
2. The president appoints federal judges with the advice and consent of the Senate, but Congress can choose to
accept or reject the nominees.
3. Presidents have influence in the court by being the only one to nominate judges.
4. An example of a check on the federal courts is when Roosevelt attempted to introduce new legislation that
would have allowed the President to appoint 6 new Justices to the court.
B. Impeachment

1. A check that federal courts have on the executive branch is impeachment because Article I of the Constitution
says that the Chief Justice of the Supreme Court presides over the Senate when the president is impeached.
D. Supreme Court and Landmark Cases
1. In United States v. Nixon (1974), the Court declared that presidential claims of privilege do not bar the release
of information under a subpoena issued by a special prosecutor in a criminal case.
2. In Bush v. Gore (2000), the Court overturned a Florida Supreme Court decision by calling a partial recount.
E. Judicial Review
1. The federal courts help the legislative branch in check through judicial review.
2. Judicial review was established by Marbury v. Madison, a case where a statue passed by Congress was declared
unconstitutional.
3. In Dred Scott v. Sandford (1857), the Court ruled that the Missouri Compromise violated the boundaries set up
by the Constitution.
F. Overturning Supreme Court Decisions
1. Congress has the ability to pass legislation to overturn Supreme Court decisions.

2. An example can be

seen in the 1986 case of Department of Transportation v. Paralyzed Veterans of America, where Congress passed the Air
Carrier Access Act to prohibit discrimination against the disabled because the ruling was that disabled peoples rights
could not apply to the airline industry.
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Circuit Court Outline

-What are Circuit Courts?
Circuit courts refer to the 12 United States Courts of Appeal.
Established for traveling purposes.
Great amount of traveling difficulties during
the 18th century
Method was carried out until 1891.
1891- congress creates Circuit courts of
appeal.
1948- name change to : United States Courts of Appeal.
Each court out of the twelve covers its own individual circuit.
* 11th circuit court- covers cases in Alabama, Florida, and Georgia.
EXAMPLE OF CIRCUIT COURTS LOCATIONS
1. Maine

2. New York

3. Georgia

4. Nevada

5. Colorado
7. Illinois

6. Iowa
8. Pennsylvania

9. Ohio

10. North Carolina

11. Texas

12. Washington D.C

Each court has a limited number of judgeships set by congress.

each circuit courts covers more than one state except the District of Columia circuit which meets in Washington D.C
ROLE:
Circuit Courts = Intermediate Appellate Courts
Don't handle jury trials
Intervene only when a party is trying to argue that a district court judge made an error handling case.
Judges rely on briefs.
* Briefs : legal argument outline
Every circuit court is handled by a panel of three judges
Banc Panel : rehearing of a panel consisting of all circuit court judges
Occasionally the geographical, political, and ideological differences of some of the states provoke circuit courts to split
up.
* Splits can define and signal future Supreme Court decisions.
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IMPORTANT CONCEPTS AND TERMS

Circuit Court- Appellate Court; handles cases in which the party argues that a district court
judge made an error in handling their case.
Briefs- Documents that circuit court judges need to decide the merits of an appeal.
Oral Arguments- Attorneys for the partys argue the cases in front of the judges.
En band panel- Party may ask for a re-hearing of a panel consisting of all circuit court judges.
Stare Decisis- To stand by a decision.