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Journal Looking at the picture below predict how the American Court system works. (use your vocabulary words to help explain your prediction)

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Presentation on theme: "Journal Looking at the picture below predict how the American Court system works. (use your vocabulary words to help explain your prediction)"— Presentation transcript:

1 Journal Looking at the picture below predict how the American Court system works. (use your vocabulary words to help explain your prediction)

2 Judicial Branch

3 LAWS AND JURISDICTION Some background information

4 Origin of law Case law: Court decisions that inform judicial ruling Constitution: outline the structure of the American government (or state) Statutes: laws made by the national or state government

5 Jurisdiction The authority to hear certain cases is called jurisdiction of the court. – Concurrent jurisdiction is when both federal and state courts have jurisdiction. – Appellate Jurisdiction: The power to review cases already decided in lower court – Limited Jurisdiction: The power to hear only certain kinds of cases (tax cases)

6 Types of Courts Federal (Supreme Court & inferior federal courts) – established by Congress. States – Each state has it’s own courts system whose power comes from state constitution and laws.

7 Federal Courts

8 The Federal Courts Three layers of authority in the federal court system: 1.The Supreme Court 2.Thirteen Courts of Appeals and the Court of Appeals for the Federal Circuit. 3.U.S. District Courts and Specialized Federal Courts

9 District Courts 94 courts Lowest level of the federal judicial system Trial courts for both criminal/civil federal cases District Courts has original jurisdiction to hear cases involving – Constitutional law – Cases Involving citizens of different states Federal Court System

10 District Courts

11 Appeals If a person who loses a case in a trial court wishes to appeal a decision, they may take the case to a court with appellate jurisdiction. Meaning a party may appeal a case from a district court to a court of appeals Federal Court System

12 Court of Appeals 13 US Courts of Appeals Each covers a circuit-a geographic area containing several district courts DOES NOT HOLD TRIALS The Appeals court reviews the details of the case. DOES NOT HOLD TRIALS! If an mistake was found the case will be send back to the district court for a new trial

13 District Courts Court of Appeals

14 Appeals Those who are unhappy with the verdict from the court of appeals, may appeal to the Supreme Court

15 Supreme Court Is the highest court in the land Receives thousands of appeals every year but only hears a small percentage of them Federal Court System

16 District Courts Court of Appeals Supreme Court

17 Worksheet Using your notes from today,last class and the reading complete the worksheets in the rest of your packet

18 POP QUIZ Answer the question on the paper provided

19 Question 1 When someone is accused of a crime, the type of case is…..

20 Question 2 If you appeal a case, you are going to……… If you appeal a case, you are going to……… – Appellate court – Trial Court – A bench trial – State court

21 Question 3 The court that gets to decide what is constitutional…… – Court of Appeals – District Courts – Inferior courts – Supreme Court

22 Question 4 If the appellate court thinks a decision was wrong it will…. – Affirm the decision – Reverse the decision – Do nothing

23 Question 5 If a groups of people gives the verdict after a trial, that trial was a – Appeal trial – Bench trial – Jury trial – Evidence

24 Question 6 If an appellate court sends a case back to the trial court, it has – Affirmed the case – Not reviewed the case – Remanded the case

25 Question 7 The decision in a case is called the – Evidence – Jurisdiction – Decision – Verdict

26 Question 8 If you break a law of the United States, your case will probably be in – Federal court – State court

27 Question 9 At trial, lawyers try to prove their case using – An appeal – Verdict – Affirm – Evidence

28 Question 10 State courts were created by – The US Constitution – State constitutions

29 Journal You have been elected the new Mayor of Sterling. Before leaving office, the old mayor gave jobs to several of his political friends but the paperwork hasn’t made it to the personnel office yet. a)Should you 1) honor the jobs promised by the old mayor, or 2) cancel the jobs since they aren’t “Officially” in the system yet? b)What are the possible negatives to denying these people their jobs? What are the possible positives to allowing them to take these jobs?

30 Agenda Journal Lecture Activity-Marbury v. Madison

31 Objectives

32

33 Federal Court Jurisdiction The Constitution gave federal courts jurisdiction in cases that involve United States laws, treaties with foreign nations. Federal Courts System

34 Federal Courts Jurisdiction Cont. 1.Ambassadors and other representatives of foreign governments 2.Two or more states government 3.United States government or one of it offices or agencies 4.Citizens who are resident of different states 5.Citizens who are residents of the same state but claim land under grants of different states Federal Courts System

35 District Courts Court of Appeals Supreme Court Federal Courts System

36 Special Federal Courts Congress has created a series of courts referred to as legislative Courts. Legislative courts help Congress exercise its power. – U.S. Court of federal Claims – U.S. Court of Appeals for the Armed Forces – U.S. Tax Court – Territorial Courts – US Court of Military Appeals – Foreign Intelligence Surveillance Court

37 District Courts Court of Appeals Supreme Court

38 Special Federal Courts U.S. of Federal Claims Court U.S. Court of International Trade U.S. Tax Court U.S. Court of Appeals for the Armed Forces Federal Courts System

39 The Court of Appeals for the Federal Circuit Court of appeals for the federal circuit National jurisdiction over certain cases, such as those in which the U.S. government is a defendant Federal Courts System

40 FEDERAL JUDGES Selection and Qualification

41 Qualifications No specific requirements in the constitution Most have prior experience ( lower or state courts) Federal Courts System

42 Selection of Federal Judges All federal judges are appointed by the president and approved by the senate. – Senatorial courtesy -allows senators from the president party to have a say in the appointment of judges in their state – Hold position for life (must be in good standing) Federal Courts System

43

44 Case Study

45 Adams appoints new judges…  John Adams signs appointments on his last night in office.  Thomas Jefferson is to take over as President.

46 Vocabulary  “midnight judges”- what these new judges were referred to as.  William Marbury was one of these “midnight judges.”

47 When does Madison come into play?  James Madison, TJs new Secretary of State, was supposed to officially present Marbury with his new position…  But he didn’t!  So… Marbury sued and appealed to the Supreme Court to get Madison to award him the position…

48 The Verdict.  Supreme Court refuses to grant Marbury his position!!  Why?  A section of the Judiciary Act of 1789 (which set up the federal court system in the first place) was unconstitutional and void.

49 Lasting Impact…  This is the first time the Supreme Court overturns an act of Congress.  Checks & balances in action!  Judicial Review- Supreme Court’s ability to declare a law or act unconstitutional

50 Virginia Court Structure


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