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Judicial Branch How was it created? Article III Section 1. (Courts & Terms of Office) Section 2. (Jurisdiction) Section 3. (Treason) US Court Systems There are two court systems in the United States: National Judiciary (spans the country) State Courts (run by each of the 50 States) Different court systems are needed in order to allow each level to interpret their laws (remember federalism) The constitution gives certain rights to the federal government while reserving other rights for the state Court Systems Federal State Created by the Different in each state Constitution Deal with issues of law Deals with issues of law relating to those matters relating to powers that the US Constitution granted in the did not give to the federal Constitution government or deny to any state Criminal vs. Civil Law Criminal Law Concerns offenses against the authority of the state Violation of a law Punishment- Jail or prison, fine, death penalty Burden of Proof- is on state Defendant is innocent until proven guilty Must prove guilty beyond reasonable doubt (98-99%) Criminal vs. Civil Law Civil Law Law that determines private rights and liabilities Relates to human conduct and disputes between private parties Punishment- Only reimbursement for plaintiff’s losses Burden of Proof- On Plaintiff, prove more than 50% that defendant caused injury State or Federal Court??? Read the scenarios and figure out if the case belongs in the federal or state court and why. National Judiciary The Constitution created the Supreme Court and left Congress to establish the inferior courts—the lower federal courts. There are two types of federal courts: Constitutional Courts Special Courts Federal Courts Constitutional Courts Supreme Court Appeals District/Trial Courts Special Courts Military, tax court, veterans affairs etc. More specific and narrow cases Created by Congress Jurisdiction What court hears the case? Definition: Authority of a court to hear (try and to decide) a case Article III, Section 2 of the Constitution provides that the federal courts may hear a case because either: (1) the subject matter or (2) the parties involved in the case. Types of Jurisdiction Exclusive and Original and Appellate Concurrent Jurisdiction Jurisdiction Some cases can only be A court in which a case is heard in federal courts. In first heard is said to have that case, federal courts original jurisdiction over have exclusive that case. jurisdiction. A court that hears a case Many cases may be tried in on appeal from a lower a federal court or a State court has appellate court. In such an instance, jurisdiction over that the federal and State courts case. have concurrent The Supreme Court jurisdiction. exercises both original and appellate jurisdiction. Appointment & Terms Federal judges and Supreme Court Justices are appointed by the President Subject to the approval of the Senate. Most federal judges are leading attorneys, legal scholars and law school professors, former members of Congress etc. Federal Judges Appointed For life (resign, retire, or die) Removal by impeachment (13 federal judges, 7 convicted) Own will Special Courts Appointed For 4-15 years Congress Determines salaries http://www.whitehouse.gov/infocus/judici alnominees/ http://www.whitehouse.gov/news/nomina tions/ http://www.senate.gov/reference/resourc es/pdf/98-53.pdf Inferior Courts Chapter 18 Section 2 The District Courts Federal Judicial District Court Jurisdiction Districts have original jurisdiction over most cases that are heard in The 94 federal judicial federal courts. districts include at least The district courts hear a one district in each State, wide range of criminal the District of Columbia, cases and civil cases. and Puerto Rico. A criminal case, in the federal Larger and more populous courts, is one in which a States are divided into two defendant is tried for or more districts, reflecting committing some action that Congress declared by law to the larger amount of be a federal crime. A federal judicial work done there. civil case is one which involves noncriminal matters. The Courts of Appeals The courts of appeals were created in 1891 to handle much of the burden that the Supreme Court faced in ruling on appealed cases. Appellate Court Judges Appellate Court Altogether, 179 circuit Jurisdiction judges sit in the 12 appeals The courts of appeals only courts. have appellate jurisdiction, A Supreme Court justice is hearing cases on appeal also assigned to each of from lower federal courts. the circuits. Other Constitutional Courts The Court of International Trade The Court of International Trade hears civil cases arising out of tariff and other trade-related laws. The Court of Appeals for the Federal Circuit This appellate court has nationwide jurisdiction and hears cases from several different courts. Most cases heard arise from the U.S. Court of International Trade, the U.S. Court of Federal Claims, and the U.S. Court of Appeals for Veterans Claims. http://www.oyez.org/media/oyezoyezoyez/ Supreme Court http://www.oyez.org/tour?item=introduction The Justices of the Supreme Court of the United States as of 2007. Top row (left to right): Stephen G. Breyer, Clarence Thomas, Ruth Bader Ginsburg, and Samuel A. Alito. Bottom row (left to right): Anthony M. Kennedy, John Paul Stevens, Chief Justice John G. Roberts, Antonin G. Scalia, and David H. Souter. Supreme Court- What? Only court sanctioned by the Constitution Power of Judicial Review: Determine if a law is constitutional Jurisdiction: Both Original & Appeal Supreme Court 3 tools to decided cases 1. Constitution 2. Precedent (Stare Decisis) 3. Society Judicial Review Judicial review power of a court to determine the constitutionality of a government action First asserted power of judicial review in the case of Marbury v. Madison (1803). The Court’s decision laid the foundation for its involvement in the development of the American system of government. Chapter 18, Section 3 Supreme Court Jurisdiction Both original and appellate jurisdiction. The Court has original jurisdiction over cases involving two or more States and all cases brought against ambassadors or other public ministers. Most cases heard by the Court are appeals cases. The Court hears only one to two cases in which it has original jurisdiction per year. Chapter 18, Section 3 How Cases Reach the Supreme Court For a case to be heard by the Court, four of nine judges must agree that it should be placed on the Court’s docket. Writ of Certiorari Certificate Most cases reach the Cases can reach the Court via writ of Court by certificate certiorari, an order to when a lower court a lower court to send a asks for the Court to record in a given case certify the answer to a for its review. specific question in the Cert Denied, court matter. refuses to hear case Chapter 18, Section 3 Chapter 18, Section 3 How the Supreme Court Operates Oral Arguments • Once the Supreme Court accepts a case, it sets a date on which lawyers on both sides will present oral arguments. Briefs • Briefs are written documents filed with the Court before oral arguments begin. The Court in Conference • The Chief Justice presides over a closed-door conference in which justices present their views on the case at hand. Chapter 18, Section 3 Opinions of the Court Once the Court finishes its conference, it reaches a decision and its opinion is written. Majority Opinion Precedents The majority opinion, formally The majority opinions stand as called the Opinion of the Court, precedents, or examples to be announces the Court’s decision in a followed in similar cases as they case and its reasoning on which it is arise in the lower courts or reach the based. Supreme Court. Concurring Opinions Dissenting Opinions Concurring opinions are Dissenting opinions are often sometimes authored by justices to written by those justices who do not add or emphasize a point that was agree with the Court's majority not made in the majority opinion. opinion. How cases reach the Supreme Court “Rule of Four”: 4/9 judges agree for a case to be put on the Court’s docket “Writ of certiorari”: “To be made more certain” Certificate: Lower court is not clear
"Federal Court System"