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Xenia man faces rape charges of 12- year-old girl 1 Knight’s Inn at 38 S. Allison Ave. Xenia Facebook Under the age of 13 - Rape.

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Presentation on theme: "Xenia man faces rape charges of 12- year-old girl 1 Knight’s Inn at 38 S. Allison Ave. Xenia Facebook Under the age of 13 - Rape."— Presentation transcript:

1 Xenia man faces rape charges of 12- year-old girl 1 Knight’s Inn at 38 S. Allison Ave. Xenia Facebook Under the age of 13 - Rape

2 Centerville teen killed in Sugarcreek Twp. crash 2

3 Dual Court System Federal courts and State courts 3

4 Dual Court System 4 Federal CourtsState Courts US Supreme Court US Courts of Appeal US District Courts

5 Federal Court System The US Court system has three levels. 1 Supreme Court 12 Courts of Appeals 94 District Courts

6 Federal Court System U.S. Supreme Court U.S. Courts of Appeals (12) U.S. District Courts (94) Washington D.C. Courts U.S. Court of Appeals for the Federal Circuit Article I - Special Courts U.S. Court of Appeals for the Armed Forces Military Courts

7 Dual Court System 7 Federal CourtsState Courts US Supreme Court US Courts of Appeal US District Courts OH Supreme Court OH Courts of Appeal OH Common Pleas Courts

8 Dual Court System 8 Federal CourtsState Courts US Supreme Court US Courts of Appeal US District Courts OH Supreme Court OH Courts of Appeal OH Common Pleas Courts

9 Ohio Court System The OH Court system has three main levels. 1 Supreme Court 12 Courts of Appeals 88 Common Pleas Courts

10 10

11 Jurisdiction Should a case go to 11 the Federal court or the State court?

12 Jurisdiction Who has the right to hear the case? 12

13 Federal courts have jurisdiction: 1. Cases in which the United States is a party 13 KOREMATSU vs. UNITED STATES

14 Federal courts have jurisdiction: 2. Crimes on federal property 14 Chandra Levy case

15 Federal courts have jurisdiction: 3. Violations of federal law such as – The Fair Housing Act – The Civil Rights Act – The National Labor Relations Act 15

16 Federal courts have jurisdiction: 4. Military lawsuits 16

17 Federal courts have jurisdiction: 4. Military lawsuits 17

18 Federal courts have jurisdiction: 5. Immigration cases 18 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No D. C. Docket No CV-KMM ELIAN GONZALEZ, a minor, by and through LAZARO GONZALEZ, as next friend, or, alternatively, as temporary legal custodian, Plaintiffs-Appellants, versus JANET RENO, Attorney General of the United States; DORIS MEISSNER, Commissioner, United States Immigration and Naturalization Service; ROBERT WALLIS, District Director, United States Immigration and Naturalization Service; UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE; and UNITED STATES DEPARTMENT OF JUSTICE, Defendants-Apelles, JUAN MIGUEL GONZALEZ, Intervenor Appeal from the United States District Court for the Southern District of Florida

19 Federal courts have jurisdiction: 6. Torts between citizens of different states 19 “Diversity Jurisdiction”

20 Federal courts have jurisdiction: 7. Cases that raise a Constitutional question 20 Morse v. Frederick

21 Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents 21

22 Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents – Copyrights 22 vs.

23 Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents – Copyrights – Bankruptcy 23

24 Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents – Copyrights – Bankruptcy – Admiralty cases 24

25 25 Review of Federal Jurisdiction: 1.Cases in which the United States is a party 2.Crimes on federal property 3.Violations of federal law 4.Military lawsuits 5.Immigration cases 6.Torts between citizens of different states 7.Cases that raise a Constitutional question 8.“Subject matter jurisdiction” cases

26 U.S. Supreme Court 26 9 Justices No Experience Necessary Nominated by President Approved by the Senate Lifetime $223,500 / $213,900 Appointment

27 27 Court of Last Resort

28 Basic Rules of the Supreme Court Cases must be Justiciable, or appropriate for review by the courts. – Must wait for a case to be brought to them. – Can only rule on legal matters. – Involved parties must have standing, a vested interest, in the case. – Supreme Court will only hear a case as a last resort. – Burden of Proof is on the plaintiff. – Case must involve a specific portion of the Constitution – A person can not question a law that they benefit from.

29

30 U.S. Courts of Appeal regional Courts of Appeal (including the “Federal Circuit”)

31 The United States has 94 district courts. 31

32 Each state has at least one Federal District court. 32

33 U.S. District Courts Oregon, a state with few people, has only 1 Federal District Court. California, a populous state, has 4 Federal District Courts. 33

34 2 Federal District courts in Ohio. 34

35 Dayton is in the Southern District

36 Dayton Federal Courthouse 200 West Second Street

37

38 5 levels of Ohio State Courts 1 Ohio Supreme Court 2 Ohio Courts of Appeal 3 Ohio Common Pleas = “Trial Courts” General Division Domestic Relations Juvenile Division Probate Division 38 } = Appellate Courts

39 5 levels of Ohio State Courts 1 OhioSupreme Court 2 Ohio Courts of Appeal 3 Ohio Common Pleas 4 Municipal and County Courts 5 Court of Claims Mayors Court 39 } = Appellate Courts

40 Ohio Supreme Court 40 Meets in Columbus

41 Ohio Supreme Court 7 justices – Must have practiced law or been a judge for 6 years – Must have been admitted to the Ohio Bar – Approved by the people in an election – Serve a 6-year term – Can be re-elected if they are under 70 41

42 Ohio Supreme Court Reviews all death penalty cases Reviews disciplinary cases against judges and lawyers Decides if legal errors were made in the Court of Appeals – Was the law applied fairly? – Is the law just? 42

43 Ohio Supreme Court Do not decide “guilt” or “fault” Do not listen to witnesses Do not have a jury Do not attempt to “find out the facts” 43

44 Ohio Supreme Court 44

45 Ohio Supreme Court Building 45

46 Ohio has 12 Courts of Appeal 46

47 Ohio has 69 Judges of Appeal 47

48 Ohio Courts of Appeal A panel of three judges 48 Ohio 2 nd District Court

49 *Ohio Courts of Appeal* Do not decide “guilt” or “fault” Do not listen to witnesses Do not have a jury Do not attempt to “find out the facts” 49

50 Ohio Courts of Appeal Decide if legal errors were made in the Common Pleas court – Was the law applied fairly? – Is the law just? Review the court files and transcripts of the Common Pleas Court Listen to oral arguments from the lawyers and ask the lawyers questions 50

51 88 Counties 51 Ohio has

52 88 Common Pleas Courts, one for each county 52

53 Greene County Courthouse 53

54 Ohio Common Pleas Courts listen to Criminal cases – Violations of ORC (Ohio Revised Code) Civil cases Juvenile Law Domestic Relations Law Probate Law 54

55 Ohio Common Pleas Courts decide If a person accused of a crime is guilty or not guilty. 55

56 Ohio Common Pleas Courts decide If a person accused of a crime is guilty or not guilty If a tort has been committed and what remedy should be imposed. 56

57 57


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