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From the Courtroom to the Classroom:
A Quick Review of the Judicial System
© 2004 Constitutional Rights Foundation, Los Angeles
All rights reserved.
In writing the U.S. Constitution, the founders created an
independent judicial branch. One way they insured judicial
independence was by giving federal judges life terms in office.
Alexander Hamilton noted in
Federalist No. 78 that “nothing can
contribute so much to [judicial]
firmness and independence as
permanency in office . . . .”
He called life terms an “indispensable
ingredient” to the judiciary and said
they helped protect “public justice
and the public security.”
In the federal court system, the president appoints the
judges. The Senate must vote to confirm the appointments.
Once appointed, the judges serve life terms.
The federal court system includes:
U.S. Supreme Court
Nine justices sit on this court. It is the highest court
in the land. The decisions of this court are final.
U.S. Court of Appeals
There are 13 Circuit Courts of Appeals. The Ninth
Appeal
Circuit hears appeals from District Courts in
California. After the court decides, the case may be
appealed to . . .
District Court
These are the trial courts. There are 94
District Courts—at least one in each state.
After a trial, a case may be appealed to . . .
Appeal
The federal courts handle all federal cases, such as . . .
Admiralty cases
Federal tax cases
Bankruptcy cases
Copyright or patent cases
Cases where one state sues another state
As well as federal criminal cases, such as...
Federal drug cases
Postal fraud
Crimes on aircraft
Crimes on the high seas
Racketeering
Crimes on federal property
Most cases, however, are handled in state courts.
Each state has its own court system. Like the federal system,
California’s court system has three tiers:
California Supreme Court
This is the highest California court. Seven justices
sit on the court. It chooses which cases to hear.
After the court decides, the case can only be
appealed to the U.S. Supreme Court if there is a
federal issue.
Court of Appeal
These courts hear appeals from Superior Courts.
Panels of three justices decide the cases. After the
decision, the case may be appealed to . . .
Superior Courts
These are trial courts. Each California county has
a Superior Court. When a trial ends, the case may
be appealed to . . .
Like other state courts, California courts handle cases such as . . .
Family law—divorce, child custody, child
support
Torts—lawsuits about harm caused intentionally
or by negligence
Contract disputes
Landlord-tenant cases
Probate cases
California courts also handle criminal cases. Defendants may be
charged with violating the California Penal Code for crimes such
as:
Murder Rape
Burglary
Assault
Drug Offenses
Car Theft
Robbery
Theft
An appeals court differs from a trial court.
It does not hold a trial. No evidence is introduced.
A panel of justices hears the appeal.
Lawyers on each side present arguments
orally and in written briefs. They use prior
court cases and existing laws to argue their
cases.
After the oral arguments, the justices
leave the courtroom to analyze and
discuss the case.
After deliberating, they
come to a decision.
After the trial, the defendant may appeal the case.
The appeal must claim that there was an error of law.
For example, the claim could be that . . .
The judge made a mistake
instructing the jury.
The judge allowed
evidence that should
not have been let in.
A law is
unconstitutional.
Most cases begin in Superior Courts—the trial courts.
In a trial court . . .
One judge presides.
Lawyers present evidence.
A jury hears the evidence and gives a verdict.
One justice writes the opinion of the court.
It tells the facts of the case, the decision,
and the reasons for the decision.
If a justice disagrees with the decision, he or
she may write a dissenting opinion.
The written opinions of
the court become law for
the lower courts to
follow.
Your class will soon participate in an activity lead
by a judge and two attorneys. After providing you
with some background, they will set up a moot
court activity with you. Some of you will take the
roles of U.S. Supreme Court Justices and others as
attorneys to conduct a hearing.
Meanwhile…something to think about:
What’s the difference between a
Mock Trial and a Moot Court?
Answer:
A Mock Trial simulates the proceedings in a lower court. The
outcome is usually a verdict reached by a judge or jury.
A Moot Court simulates the proceeding in an appellate court.
The outcome is a decision made by justices.
From the Courtroom to the Classroom
is a program of
Constitutional Rights Foundation
Developed by Marshall Croddy
Written by Bill Hayes & Keri Doggett
Graphics Keri Doggett