Lecture 18
The U.S. Legal System
How does the U.S. resolve 90 million cases
each year?
A. The Federal
Courts How to get into federal court? You need a "federal question" 1. Federal
questions a.
Federal crimes b.
suits against the federal
government c. suits
based on federal statutes d. diversity
cases e. Suits
involving foreign governments How do you become a federal
judge? Make powerful friends--and no enemies 2. Selection a. Presidential
nomination, Senate confirmation b. An
increasingly partisan process c. Lifetime
appointment (except for "Article III"
judges) 3. Levels a. district
(94)--trial courts b. appeals
(13) c. specialized
courts (including "Article III"
courts) d. Supreme
Court 4. The Supreme
Court a. breakdown
of cases i. original
jurisdiction--the Marbury issue ii. mandatory
appeals iii. discretionary
docket--writ of certiorari (or "cert" for
insiders) b. rule
of four c. decision
process (briefs, oral argument, opinions) 90,000,000 - 300,000= a lot. Where
do most cases get resolved? B. State Courts 1. Selection a. Election
(most common) b. "Missouri
plan" systems c. Terms
are usually fixed 2. Levels a. trial
courts of limited jurisdiction b. trial
courts of general jurisdiction c. intermediate
courts of appeals d. state
supreme court (not always this name) Why is the judiciary the
"least dangerous branch"? What does Hamilton mean
when he says the judiciary has neither force nor
will? How does the Court keep
power? (How might you compare the Court to Neustadt's view of the presidency?)
I. The Federal and State Court
Systems
Fewer than 1% of cases resolved in the federal courts, about
300,000 per year
full decision in less than 100 cases per year,
nearly 8,000 appeals brought
How do you get your case to the Supreme Court? If your case
isn't "mandatory," you need a lot of luck!
Nearly 90 million cases filed per year
(In 1993, 55m were traffic, 13m criminal, 15m were civil,
4.5m were domestic and 1.6m were juvenile)
State courts are supreme in the interpretation
of state law--another aspect of American federalism
II. Federalist #78--Hamilton on the Federal Courts
III. Marbury v. Madison and the Origins (?) of Judicial Review
What exactly does Marbury want the Court to do? (What is a "writ of mandamus"?)
Why does the Court conclude that it can't do what Marbury wants? Which part of the Constitution is involved?
Why is this case remembered?