1. The Judicial System

2. Equal Justice under Law

3. Two basic types of law
Criminal Law
&
Civil Law

4. Criminal Law
defined as the body of law that regulates the conduct of individuals as members of the state.
laws that define what acts are crimes
intended to protect society

5. Civil Law
Civil Law
defined as the body of law that governs relationships among individuals and that defines people’s legal rights
a. group of laws that refer to disputes between people
b. are used to settle a wide range of personal issues such as contract disputes, divorce proceedings, and property boundaries.

6. Sources of Law Statutory Law Common Law Administrative Law
Laws that are passed by lawmaking bodies are known as statutes, or statutory laws
Congress, state and local governments pass these laws
Civil laws can also be statutory laws
Usually represent what a majority of citizens believe
Common Law
Type of law that comes from judges’ decisions that rely on common sense and previous cases (precedents)
Precedents: an earlier court decision that guides judges’ decisions in later cases
Administrative Law
Laws created by government agencies
Military Law
Law that governs the behavior of men and women in all branches of the US armed forces.
The backbone of military law is the Uniform Code of Military Justice
Includes laws similar to civilian (non military) laws, as well as laws that are specific to military issues (desertion, military trial process
Constitutional Law
Law that is based on the Constitution and on the Supreme Court decisions interpreting the Constitution

7. http://www. google. com/imgres. imgurl=http://www. catea. gatech

8. Jurisdiction Original Jurisdiction Appellate Jurisdiction
The authority to interpret and administer the law; also the range of that authority
There are two types of jurisdiction
Original Jurisdiction
The authority of a court to be the first court to hold trials in certain kinds of cases
Appellate Jurisdiction
The authority of some courts to review decisions made by lower courts

9. Federal Courts System U.S. Supreme Court
Court of
Military
Appeals
12 U.S. Court of
Appeals
US Court of Appeals for the Armed Services
Military
Courts US
Tax
Court
Territorial Courts
94 U.S. District
Courts
US Court of Federal Claims
U.S. Court of Appeals for Veterans Claims
US Court
of the
District of Columbia
Federal Regulatory Agencies

10. Length of Service for Judges
Type of Judge
Term limit
US Supreme Court
Life
Appointed by President with the consent of Senate
US Court of Appeals
US District Courts
US Court of International Trade
US Tax Court
15 years
US Court of Appeals for the Armed Services
15years
US Court of Federal Claims
US Court of Appeals for Veterans Claims
US Territorial Court
10 years

11. US Federal Courts 13= Circuit Court of Appeals 94 Districts Courts
(12 Circuits+ 1 Federal Court of Appeals for the Federal Circuit)
94 Districts Courts

12. 11th Circuit 11th Circuit includes Alabama, Georgia, & Florida
Florida is divided between three regions:
Northern, Middle,
and Southern

13. Federal District Court Judges
are appointed to the bench by the President, with the advise and consent of the Senate.
can only be removed from office through impeachment

14. Federal District Court Judges
are trial judges
conduct both civil and criminal trials
they do not make laws, they rule on court procedures and apply relevant law to the facts of the case
decide who wins when there is no jury and sets the remedy for

15. What are the Different Types of Appeals Courts?
12 US Court of Appeals
US Court of Appeals for the Federal Circuit
US Court of Appeals for the Armed Services
(Article I Appeals Court)

16. United States Court of Appeals for the Eleventh Circuit
The appeals court for the 11th Circuit is located in Atlanta, Georgia

17. US Court of Appeals Judges
are just like Federal District judges in that they are appointed to the bench by the President, with the advise and consent of the Senate.
can only be removed from office through impeachment

18. US Court of Appeals Judges
have only appellate jurisdiction
do not hold trials
panel of least three judges examine the records of the district court trial and hear arguments from lawyers on both sides
do not determine whether the accused is innocent or guilty

19. US Court of Appeals for the Armed Forces
appellate jurisdiction over members of the armed forces on active duty and other persons subject to the Uniform Code of Military Justice.
is composed of 5 civilian judges appointed for 15-year terms by the President with the advice and consent of the Senate.

20. The Supreme Court

21. US Supreme Court Justices
has mostly appellate jurisdiction; some limited original jurisdiction
do not hold trials
1 chief justice, 8 associate justice
do not determine whether the accused is innocent or guilty

22. Case is appealed to a federal court of appeals
Step 1
Case is filed and ruled upon in a federal district court
sends the case back to the lower court to reconsider it
Step 2
Case is appealed to a federal court of appeals
Step 3
Case is appealed to the
Supreme Court
sends the case back to the lower court to reconsider it
The Supreme Court either
allows the lower-court ruling to stand
agrees to hear the case
Step 4
Supreme Court
rules on the case

23. Judicial Review

24. Other Court Officials
Judges do not work alone. They have help from clerks, secretaries, court reporters, and other workers. Each district court also has three key officials.

25. Magistrates do much of a judge’s routine work.
they issue court orders, such as search warrants.
they hear preliminary, or introductory, evidence and decide if a case should be brought to trial.
they decide whether people under arrest should be held in jail or released on bail.
they may also serve as judges in minor cases.

26. Magistrates
are appointed by a majority of the federal judges in a district.
do not have lifetime appointments.
serve terms of eight years and can be reappointed.

27. US Attorney
Each district has a United States attorney and one or more deputies.
The job of these lawyers is to prosecute people accused of breaking federal law.
They also represent the government in civil cases in which the government is involved.

28. US Attorney
U.S. attorneys are appointed to four-year terms by the president.
They have to be approved by the Senate.

29. U.S. Marshal
Each federal judicial district also has a United States Marshal.
Marshals and their staffs make arrests, collect fines, and take convicted persons to prison.
They protect jurors, keep order in federal courts, and deliver subpoenas.

30. subpoena(suh•PEE•nuh)
is a court order that requires a person to appear in court.

31. Total Number of Judgeships
Article III Judgeships
Court
Total Number of Judgeships
Supreme Court 9
Court of Appeals
179
District Courts
677
Court of International Trade
TOTAL
874

32. Supreme Court
More than 8,000-10,000 case are filed with the court each year
Only about are decided with or without a formal opinion
Usually select cases that deal with constitutional issues

33. Supreme Court 4 of the 9 justices must vote to hear a case
The decision of the lower court remains in effect if the Supreme Court refuses to review
The court may remand, or return, a case to a lower court for a new trial.

34. Supreme Court Hearing and Deciding Cases
Oral Arguments- each side gets thirty minutes to present their arguments to the Court
Justices read written arguments and consider what was said in court
Then a private meeting is held to vote.
Each justice gets one vote
a simply majority is needed

35. Supreme Court Hearing and Deciding Cases
After deliberation and voting- the court delivers its opinion
Opinion- a written statement by the US Supreme Court explaining its reasoning behind a decision
The opinion is binding on all lower courts

36. Supreme Court Hearing and Deciding Cases Other types of opinions-
Concurring opinion – a statement written by a Supreme Court justice who agrees with the majorities decisions but for different reasons
Dissenting Opinion- a statement written by a Supreme Court justice who disagrees with the majorities decision

37. How do other branches of government check the powers of the Judicial Branch?

38. How has the Supreme Court made sure that the Constitution applies to all Americans?
Brown v Board of Education
Tinker v. Des Moines Independent.
Community School District
Miranda v. Arizona

39. http://www. uscfc. uscourts

40. Evaluating
Why are federal judges appointed for life at a fixes salary (cannot be lowered during their term)?

41. 1. The highest court in the land and the final decider of constitutional questions is A. Congress B. The President C. The U.S. District Courts D. The U.S. Circuit Courts of Appeal E. The Supreme Court of the United States
2. What is meant by the term judicial review? A. The name of the third branch of government B. Congress' authority to make laws C. The process of appealing cases to a higher court D. The courts' authority to enforce the laws E. The courts' authority to declare a law or an act unconstitutional
3. An important attribute of the judiciary is A. The ability to make laws consistent with the Constitution B. The judiciary's independence from the other two branches C. The ability to enforce the law consistent with the Constitution D. All of the above E. None of the above
4. How can law-abiding citizens get involved in the court system? A. Serving on juries B. Acting as witnesses C. Resolving disputes using the judicial system D. All of the above E. None of the above
5. Courts are established to A. Determine the guilt of an individual B. Settle disputes between individuals C. Settle disputes between states D. Ensure that proper procedures are followed E. All of the above
6. Federal Courts get their power from A. Judges and lawyers B. The people through the Constitution C. The House and the Senate D. Through nominations by the President E. The federal bureaucracy
True or False 7. ______ Errors of law and imperfections in the American justice system are mainly corrected by the trial courts. 8. ______ Judges rely on public defenders, among others, to help ensure the fair and impartial administration of justice. 9. ______ Trial courts are responsible for determining the facts of a particular legal case ______ The judicial branch is called the third branch. It is equal to the executive branch and the legislative branch.