U.S. Government Structure & Court System

Branches: 1. Executive: Art lll. - POTUS (President of the United States)/ VP (Vice President)/ Cabinet - POTUS at maximum 2 terms of presidency (1 term = 4 years) - POTUS appoints judges of the SCOTUS (Supreme Court of the United States) 2. Legislative: Art l. - Congress (House of representatives and Senate) - House of rep.: 435 members with 2 year-terms - Senate: 100 members with 6 year-terms (50 States -> 2 Senators in each state)  Confirms(approves) judicial appointments made by the POTUS 3. Judicial: Art ll. - SCOTUS consists of 9 judges - Judges have life terms - Donald Trump had a majority of Republicans in the Congress, with supported his decisions: every judge he appointed, the senate would confirm. (he appointed 3 judges who share his ideology for the next 30 years until they die.) Information: In the US you vote for every singular branch. For this reason they can block each other (Impossible to do anything). In Germany you just vote for the executive. The US Court System: 1. Structure of the Courts: (every state has its own court system) - Federal: Supreme Court; 13 Courts of Appeal (Circuit Courts); 94 District Courts - State: State Supreme Court or Appellate Courts; (Courts of Appeal); Trial Courts Info: trial courts = first instance courts; appeal courts = Berufungsgerichte (13 appeal courts – some states have to share them in circuits = Bezirke) 2. Federal Courts: - What kinds of cases can a federal court hear? - The court must have jurisdiction (Zuständigkeit): – “The power, right, and authority to interpret the law.” - Two types of federal-court jurisdiction:  Federal-question jurisdiction.  Diversity jurisdiction. 3. Federal Question Jurisdiction - Case involves:  Federal statute or law.  U.S. constitution. - Examples:  Defense of Marriage Act  Matthew Sheppard Act 4. Diversity Jurisdiction - Federal courts can hear questions of state law, if:  The parties are citizens of different states, AND  The value of the case EXCEEDS $75,000 (the “amount in controversy” requirement). Federal Court Levels: You need to track the progression oft he cases through the courts 1. District Courts: - Federal cases are heard here first - 94 U.S. district courts. - Arranged geographically; at least one within each state. - But NOT connected with state government. - Florida has three U.S. District Courts (Northern, Middle, Southern). - Sample name: United States District Court for the Middle District of Florida. - Parties involved:  Plaintiff (initiates action; Kläger).  Defendant (person being sued; Beklagter). - One judge presides over the case. - Case may be tried to a jury (Geschworene; group of normal people randomly chosen who decide if someone is guilty) or may be a “bench trial.” 2. Courts of Appeals: - Party who loses in district court has the right to an appeal. - 13 U.S. Courts of Appeals.  12 are geographic.  One is a specialty court (Federal Circuit). - Sample name: United States Court of Appeals for the Eleventh Circuit (“Eleventh Circuit”). - Parties:  Appellant (party who brings the appeal).  Appellee (party who is appealed against). - Structure  Three judges hear legal arguments only.  No jury.  No new evidence/no witnesses. - Types of Rulings:  affirms/ upholds = agrees with decision in trial court.  reverses/ overturns = disagrees with decision in trial court.  Remands = sends back to lower court for further proceedings (probably with some instructions). - What happens to the party who loses in the appellate court? 3. Supreme Court: - Loser in U.S. Court of Appeals may file a Petition for Writ of Certiorari. - Supreme Court does not have to hear the case (“cert. denied”). - If it does: Nine JUSTICES hear the appeal.