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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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Centerville teen killed in Sugarcreek Twp. crash 2
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Dual Court System Federal courts and State courts 3
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Dual Court System 4 Federal CourtsState Courts US Supreme Court US Courts of Appeal US District Courts
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Federal Court System The US Court system has three levels. 1 Supreme Court 12 Courts of Appeals 94 District Courts
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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
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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
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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
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Ohio Court System The OH Court system has three main levels. 1 Supreme Court 12 Courts of Appeals 88 Common Pleas Courts
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Jurisdiction Should a case go to 11 the Federal court or the State court?
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Jurisdiction Who has the right to hear the case? 12
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Federal courts have jurisdiction: 1. Cases in which the United States is a party 13 KOREMATSU vs. UNITED STATES
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Federal courts have jurisdiction: 2. Crimes on federal property 14 Chandra Levy case
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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
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Federal courts have jurisdiction: 4. Military lawsuits 16
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Federal courts have jurisdiction: 4. Military lawsuits 17
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Federal courts have jurisdiction: 5. Immigration cases 18 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ------------------------------------------- No. 00-11424 -------------------------------------------- D. C. Docket No. 00-00206-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 ----------------------------------------------------------------
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Federal courts have jurisdiction: 6. Torts between citizens of different states 19 “Diversity Jurisdiction”
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Federal courts have jurisdiction: 7. Cases that raise a Constitutional question 20 Morse v. Frederick
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Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents 21
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Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents – Copyrights 22 vs.
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Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents – Copyrights – Bankruptcy 23
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Federal courts have jurisdiction: 8. “Subject matter jurisdiction” such as cases involving: – Patents – Copyrights – Bankruptcy – Admiralty cases 24
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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
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U.S. Supreme Court 26 9 Justices No Experience Necessary Nominated by President Approved by the Senate Lifetime $223,500 / $213,900 Appointment
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27 Court of Last Resort
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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.
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U.S. Courts of Appeal 30 12 regional Courts of Appeal (including the “Federal Circuit”)
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The United States has 94 district courts. 31
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Each state has at least one Federal District court. 32
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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
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2 Federal District courts in Ohio. 34
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Dayton is in the Southern District
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Dayton Federal Courthouse 200 West Second Street
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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
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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
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Ohio Supreme Court 40 Meets in Columbus
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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
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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
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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
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Ohio Supreme Court 44
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Ohio Supreme Court Building 45
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Ohio has 12 Courts of Appeal 46
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Ohio has 69 Judges of Appeal 47
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Ohio Courts of Appeal A panel of three judges 48 Ohio 2 nd District Court
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*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
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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
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88 Counties 51 Ohio has
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88 Common Pleas Courts, one for each county 52
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Greene County Courthouse 53
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Ohio Common Pleas Courts listen to Criminal cases – Violations of ORC (Ohio Revised Code) Civil cases Juvenile Law Domestic Relations Law Probate Law 54
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Ohio Common Pleas Courts decide If a person accused of a crime is guilty or not guilty. 55
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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
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