9. THE JUDICIARY, PART I
Judiciary dealt with article 3 in constitution. It establishes Supreme Court without giving any details
on his composition. Supreme court only one that cannot be suppressed. Congress establishes the rest
of the system. Result: 3 levels of system:Supreme Court, 2 lower lever below. When Supreme Court
makes decision, has to be obeying by federal branch.
I. The lower federal courts
Establish by congress in 1789, judiciary act. Point is to handle federal laws. Not oppose with state
laws. Here to arbiter dispute between state and federal government. Role to interpret the law. Play
important role in expansion of power of president in congress. The judges in federal court are
appointed by the president. Very important presidential power. Tense to be a lot of partisanship.
Sometimes parties prefer to have a seat vacant rather than have the president of the other party
nominating a judge from his own party.
a. District courts
Lowest level of federal system. Divided into 94 judicial districts. Each of those staffed by number of
judges, 1 to 27 judges.
About 500.000 case a year. First instance court, is where all trials begin.it may call for a jury to
hear the case. Jury us made of 12 members and they have to be unanimous.
In civil cases, only 9 people in jury.
Called petit jury. Pas confondre avec grand jury. Grand jury made up of 23 people, their role is to
analyse evidence and see there’s enough evidence to have a trial.
Serve on a jury is considered to be an honour duty.
How are jurist selected? Picked randomly in list of voters. Then selection made in court. Lawyers
allowed dismissing jurors for cause.
Peremptory strikes, to dismiss a juror for cause, have to have valid reason, need justification.
Balanced jury.
From 1st level, appeals can be made if a party isn’t satisfied. Majority of cases will start and end at
this level.
b. Courts of appeals/circuit courts
Circuit is larger than districts. 94 districts, 13 circuits. They will take appeal from decisions made in
the lower court/district court. It was created in 1891 ‘cause too much work in districts courts. Take
appeals exclusively, from district courts. Judges usually in panel of 3 judges.
c. Legislative courts
Judiciary dealt with article 3 in constitution. It establishes Supreme Court without giving any details
on his composition. Supreme court only one that cannot be suppressed. Congress establishes the rest
of the system. Result: 3 levels of system:Supreme Court, 2 lower lever below. When Supreme Court
makes decision, has to be obeying by federal branch.
I. The lower federal courts
Establish by congress in 1789, judiciary act. Point is to handle federal laws. Not oppose with state
laws. Here to arbiter dispute between state and federal government. Role to interpret the law. Play
important role in expansion of power of president in congress. The judges in federal court are
appointed by the president. Very important presidential power. Tense to be a lot of partisanship.
Sometimes parties prefer to have a seat vacant rather than have the president of the other party
nominating a judge from his own party.
a. District courts
Lowest level of federal system. Divided into 94 judicial districts. Each of those staffed by number of
judges, 1 to 27 judges.
About 500.000 case a year. First instance court, is where all trials begin.it may call for a jury to
hear the case. Jury us made of 12 members and they have to be unanimous.
In civil cases, only 9 people in jury.
Called petit jury. Pas confondre avec grand jury. Grand jury made up of 23 people, their role is to
analyse evidence and see there’s enough evidence to have a trial.
Serve on a jury is considered to be an honour duty.
How are jurist selected? Picked randomly in list of voters. Then selection made in court. Lawyers
allowed dismissing jurors for cause.
Peremptory strikes, to dismiss a juror for cause, have to have valid reason, need justification.
Balanced jury.
From 1st level, appeals can be made if a party isn’t satisfied. Majority of cases will start and end at
this level.
b. Courts of appeals/circuit courts
Circuit is larger than districts. 94 districts, 13 circuits. They will take appeal from decisions made in
the lower court/district court. It was created in 1891 ‘cause too much work in districts courts. Take
appeals exclusively, from district courts. Judges usually in panel of 3 judges.
c. Legislative courts
