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Chapter 03 - The Court System
3-1
Chapter 3
The Court System
Learning Objectives
The purpose of this chapter is to acquaint the students with the judicial process or the “rules of
judicial review, and become familiar with background and judicial alignment of the current
members of the U.S. Supreme Court. Finally, students will be exposed to a sample case from the
U.S. Supreme Court, including the majority, concurring, and dissenting opinions.
References
Altschuler, Bruce and Celia Sgroi, Understanding Law in a Changing Society, Prentice
Jackson, University of Michigan Press (2006).
Dionne, E.J. and William Kristol, Bush v. Gore: The Court Cases and the Commentary.
Brookings Institution Press (2001).
Douglas, William O., The Court Years, Random House (1982).
Hansford, Thomas G., The Politics of Precedent on the U.S. Supreme Court, Princeton
(2008).
Yarbrough, Tinsley, The Rehnquist Court and the Constitution, Oxford University Press
(2000).
Chapter 03 - The Court System
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Teaching Outline
I. Personnel (LO 3-1)
A. Judges and Justices
Emphasize:
The duties of a trial judge as contrasted with those of a reviewing court judge or justice.
Have the students list the desirable qualities of each.
The reasons that the judiciary is given almost absolute immunity from suit.
The content in the marginalia that judges and justices often sacrifice considerable
financial resources by giving up the practice of law in the prime of their careers.
That most cases are settled before trial and that very few cases actually end up in
appeal.
The makeup of the current Supreme Court is detailed later in the chapter but the
instructor may find it useful to review it at this point.
Review Sidebar 3.1 titled ‘The Soaring Cost of Legal Representation.’
Case for Discussion:
1. Pulliam v. Allen, 104 S.Ct. 29 (1984).
Plaintiffs were arrested for nonjailable misdemeanors, and because they were unable to
meet bail, the defendant state court judge committed them to jail. A federal district court
enjoined the judge’s practice by determining that judicial immunity did not extend to
Chapter 03 - The Court System
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What a petit jury is.
That the federal law does not specify the number of jurors—only the types of cases that
may be brought to trial before a jury at common law.
Legitimate and illegitimate excuses from jury duty. The instructor could consult the
state statute on juries, and list for the students those persons who are exempt from jury
duty. Have the students discuss whether or not juries are truly representative of society
or of one’s peers. Would they agree to serve voluntarily?
The reasons for:
o The trend towards less-than-unanimous verdicts.
o Many citizens seeking to avoid jury duty, especially in long trials.
o The jury system being subject to much criticism.
Review Sidebar 3.2 involving the role of jury consultants and technical support. Discuss
instructions, permitting discussion between jurors prior to deliberations, and
allowing expert witnesses for both sides to be called back-to-back so that jurors
can hear all the technical evidence at the same time.
Review marginalia quotation by Jeremiah Black on the value of the jury system.
Additional Matters for Discussion:
Discuss whether it’s truly a fair trial when one party can afford jury consultants and the
opposing party cannot.
C. Lawyers
Emphasize:
That lawyers serve three very important roles: counselor, advocate, and public servant.
That lawyers have many clients and often handle complex and complicated cases.
That lawyers can be sanctioned for unethical conduct and some have gone to jail for
illegal conduct.
The American Bar Association reported over 1.2 million licensed lawyers in the United
States in 2011.
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Discuss the tension between the business community and the legal profession.
Additional Matter for Discussion:
Note that law firms frequently use paralegal (legal assistants) to gather facts and assist
attorneys.
II. Organization of the Court System (LO 3-2)
Emphasize:
That lawsuits begin at the trial court level, and the results may be reviewed at one or more
of the other two appellate court levels.
A .Subject-Matter Jurisdiction
Emphasize:
Subject-matter jurisdiction refers to the power over issues involved in a case.
Some issues are nonjusticiable, and courts do not accept cases involving trivial matters.
The content in the marginalia that courts of different scope and subject-matter
jurisdiction help create order and efficiency.
B. State Courts
Emphasize:
That state court systems are created, and their operations are governed, from three
sources.
The difference between trial courts and appellate courts.
Additional Matters for Discussion:
See Figure 3.1 on the typical state court system.
The students could create a chart of the court system of their state and the reasons that
each court exists.
Point out that some states elect judges and in the others they are appointed. The students
could check their state and surrounding states. What do they do?
Trial Courts
Emphasize:
That 95 to 98 percent of all complaints are settled or fully resolved at the trial court
level.
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Appellate Courts
Emphasize:
Review Sidebar 3.3 on the small-claims courts and note the dollar limitation on the
small-claims courts in the students’ state. Suggest to the students that they attend a
court proceeding, if possible. If the students watch any court on television, point out
the show is great oversimplification of the system. Emphasize that attorneys are
usually not required. Have the students list the typical types of cases and disputes
that end up in such courts.
The advantages and disadvantages of proceeding in small-claims court.
C. Federal Courts
Emphasize:
That Article III of the Constitution (see Appendix) provides that judicial power be
vested in the Supreme Court and such lower courts as Congress may create.
That the judicial power of the federal courts has been limited by Congress.
That federal courts have subject matter jurisdiction over federal questions cases and
diversity of citizenship cases.
That for purposes of diversity jurisdiction, a corporation is a citizen of the state of
must satisfy the jurisdictional amount.
Additional Matters for Discussion:
Review Figure 3.2 on the federal court system and Figure 3.3 on the federal courts of
appeals.
The citizenship of all partners in a limited partnership must be taken into account when
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District Courts
Emphasize:
That the Federal Rules of Civil Procedure provide the details concerning procedures
to be followed in federal court litigation.
Appellate Courts
Emphasize:
That under its constitutional authorization, Congress has created 12 U.S. Courts of
Appeal plus a special Court of Appeals for the Federal Circuit as intermediate
appellate courts in the federal system.
D. Decisions by the U.S. Supreme Court
Emphasize:
The function of the Supreme Court in ruling upon petitions for a writ of certiorari and
rendered by the highest court of a state are reviewed only by the Supreme Court of the
United States.
Additional Matters for Discussion:
The growing political tensions on the Supreme Court as evidenced by the Bush v. Gore
election decision in 2000 and the controversies in the Senate in recent years over
The predominance of Supreme Court cases from the Ninth Circuit Court of Appeals.
The role of the Supreme Court clerk and how they are often called upon to write the
opinions for the Justices.
Review Sidebar 3.6 on the role of the reviewing court.
III. The Power of Judicial Review (LO 3-3, LO 3-4)
