American Government and Politics Today, Brief Edition, 2014-2015

chAPTeR TweLve • The JudIcIARy 275

of class-action lawsuits was pioneered by such groups as the National Association for the

Advancement of Colored People (NAACP), the Legal Defense Fund, and the Sierra Club,

whose leaders believed that the courts would offer a more sympathetic forum for their

views than would Congress.

Procedural Rules

Both the federal and the state courts have established procedural rules that shape the

litigation process. These rules are designed to protect the rights and interests of the par-

ties and to ensure that the litigation proceeds in a fair and orderly manner. The rules also

serve to identify the issues that must be decided by the court—thus saving court time and

expense. Court decisions may also apply to trial procedures. For example, the Supreme

Court has held that the parties’ attorneys cannot discriminate against prospective jurors

on the basis of race or gender. Some lower courts have also held that people cannot be

excluded from juries because of their sexual orientation or religion.

The parties must comply with procedural rules and with any orders given by the judge

during the course of the litigation. When a party does not follow a court’s order, the court

can cite that person for contempt. A party who commits civil contempt (failing to comply

with a court’s order for the benefit of another party to the proceeding) can be taken into

custody, fined, or both, until that party complies with the court’s order. A party who com-

mits criminal contempt (obstructing the administration of justice or disrespecting the rules

of the court) also can be taken into custody and fined but cannot avoid punishment by

complying with a previous order.

Types of federal courts

As you can see in Figure 12–1 below, the federal court system is basically a three-tiered

model consisting of (1) U.S. district courts and various specialized courts of limited

Social Media

in Politics

Unlike other branches

of government, the

courts often view social

media as an annoyance.

Judges don’t want jurors

to discuss or research

their cases, but Twitter,

Facebook, and similar

tools make these rules

hard to enforce. In San

Francisco, a jury pool of

six hundred people was

dismissed because all of

them had researched a

high-profile case.

Supreme Court of the United States

Courts of Appeals

Tax

Courts

District

Courts

Territorial

Courts

Bankruptcy

Courts

Court of Appeals for the

Federal Circuit

Court of

International

Trade

Court of

Federal Claims

Court of

Veterans

Appeals

fIGuRe 12–1: The federal court system

9781285436388_12_ch12_271-296.indd 275 10/29/13 11:01 AM

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