4 Criminal Lawdefined as the body of law that regulates the conduct of individuals as members of the state.laws that define what acts are crimesintended to protect society
5 Civil LawCivil Lawdefined as the body of law that governs relationships among individuals and that defines people’s legal rightsa. group of laws that refer to disputes between peopleb. 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 lawsCongress, state and local governments pass these lawsCivil laws can also be statutory lawsUsually represent what a majority of citizens believeCommon LawType 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 casesAdministrative LawLaws created by government agenciesMilitary LawLaw 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 JusticeIncludes laws similar to civilian (non military) laws, as well as laws that are specific to military issues (desertion, military trial processConstitutional LawLaw that is based on the Constitution and on the Supreme Court decisions interpreting the Constitution
8 Jurisdiction Original Jurisdiction Appellate Jurisdiction The authority to interpret and administer the law; also the range of that authorityThere are two types of jurisdictionOriginal JurisdictionThe authority of a court to be the first court to hold trials in certain kinds of casesAppellate JurisdictionThe authority of some courts to review decisions made by lower courts
9 Federal Courts System U.S. Supreme Court Court ofMilitaryAppeals12 U.S. Court ofAppealsUS Court of Appeals for the Armed ServicesMilitaryCourtsUSTaxCourtTerritorial Courts94 U.S. DistrictCourtsUS Court of Federal ClaimsU.S. Court of Appeals for Veterans ClaimsUS Courtof theDistrict of ColumbiaFederal Regulatory Agencies
10 Length of Service for Judges Type of JudgeTerm limitUS Supreme CourtLifeAppointed by President with the consent of SenateUS Court of AppealsUS District CourtsUS Court of International TradeUS Tax Court15 yearsUS Court of Appeals for the Armed Services15yearsUS Court of Federal ClaimsUS Court of Appeals for Veterans ClaimsUS Territorial Court10 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 judgesconduct both civil and criminal trialsthey do not make laws, they rule on court procedures and apply relevant law to the facts of the casedecide 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 AppealsUS Court of Appeals for the Federal CircuitUS 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 jurisdictiondo not hold trialspanel of least three judges examine the records of the district court trial and hear arguments from lawyers on both sidesdo 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.
21 US Supreme Court Justices has mostly appellate jurisdiction; some limited original jurisdictiondo not hold trials1 chief justice, 8 associate justicedo not determine whether the accused is innocent or guilty
22 Case is appealed to a federal court of appeals Step 1Case is filed and ruled upon in a federal district courtsends the case back to the lower court to reconsider itStep 2Case is appealed to a federal court of appealsStep 3Case is appealed to theSupreme Courtsends the case back to the lower court to reconsider itThe Supreme Court eitherallows the lower-court ruling to standagrees to hear the caseStep 4Supreme Courtrules on the case
24 Other Court OfficialsJudges 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 Magistratesare 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 AttorneyEach 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 AttorneyU.S. attorneys are appointed to four-year terms by the president.They have to be approved by the Senate.
29 U.S. MarshalEach 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 JudgeshipsCourtTotal Number of JudgeshipsSupreme Court9Court of Appeals179District Courts677Court of International TradeTOTAL874
32 Supreme CourtMore than 8,000-10,000 case are filed with the court each yearOnly about are decided with or without a formal opinionUsually 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 reviewThe 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 CourtJustices read written arguments and consider what was said in courtThen a private meeting is held to vote.Each justice gets one votea simply majority is needed
35 Supreme Court Hearing and Deciding Cases After deliberation and voting- the court delivers its opinionOpinion- a written statement by the US Supreme Court explaining its reasoning behind a decisionThe 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 reasonsDissenting 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 EducationTinker v. Des Moines Independent.Community School DistrictMiranda v. Arizona
40 EvaluatingWhy 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 States2. 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 unconstitutional3. 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 above4. 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 above5. 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 above6. 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 bureaucracyTrue 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.