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Judicial Branch Powers

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Presentation on theme: "Judicial Branch Powers"— Presentation transcript:


2 Judicial Branch Powers
___________ laws Do laws fit within U.S. Constitution guidelines Conduct __________ Protect the ________ of citizens brought before the Court Rule on _____________ questions Interpret Trials rights Constitutional

3 Jurisdiction Original Jurisdiction Appellate Jurisdiction
Hear cases for the first time. This is where the trial takes place. Appellate Jurisdiction Hear only cases on appeal from lower courts. “Review” the trial of a lower court. This is not a new trial.

4 Federal Court System U.S. District Court
LOWEST ________ level of the federal court system Each state has at least ____ U.S. District court The only federal court where there are ______ trials Have “____________ jurisdiction”- hear cases for the ______ time (before a case can be heard by an appeals court or the Supreme Court it must be heard in District court) Judges are appointed for _______ (unless they are guilty of a serious crime) ONE JURY ORIGINAL FIRST LIFE

5 Federal Court System: U.S. Court of Appeals
Level between the District Courts and Supreme Court There are ___ Courts of Appeals. Each court covers a ____________ (a geographical area of the U.S.). Virginia is in the 4th Circuit. Have “____________ Jurisdiction”- They hear only cases on appeal from lower district courts. Appeal- a ________ to a higher court to ______ or retry a case due to reasons like new _________ or the belief the judge did something __________ Judges are appointed for ________ (unless they are guilty of a serious crime). 12 Circuit Appellate request review evidence wrong life

6 Federal Court System: U.S. Court of Appeals (cont)
There are no _________ in appeals court. Groups of judges hears arguments from lawyers from each side and _________ the case. No ____________ No __________ Three possible outcomes ____________ lower court decision ____________ the case (return the case to the lower court for a new trial) trials review witnesses jury Uphold Overturn Remand

7 Federal Court System: Special Federal Courts (info only, don’t write)
U.S. Tax Court Appeals dealing with tax laws U.S. Court of Federal Claims Cases dealing with citizens who sue U.S. Gov.for money U.S. Court of Military Appeals Appeals court for military U.S. Court of International Trade Hears cases about tariffs and trade laws

8 Federal Court System: Supreme Court
_____________ Court in the land Has ____________ Jurisdiction- hears appeals from lower courts. Does not hear _____ cases appealed to the court. Supreme Court decisions cannot be ___________ Has __________ Jurisdiction in two instances: Court can hear cases involving _____________ from foreign countries and cases in which a _________ is involved. Highest Appellate all appealed Original diplomats state

9 Supreme Court Judicial
Supreme Court has the power of “________ Review”- Court can review any federal or state law to see if it agrees with the U.S. ________________. If a law or action is in conflict with the ___________ (unconstitutional) the Supreme Court can ____________ or cancel the law or action Judicial Constitution constitution nullify

10 Marbury v. Madison U.S. Supreme Court case of early 1800s which established the court’s power of _____________ _________ Review _____ and ______ to see if they fit within the _____________ Case established the Supreme Court’s power to ___________ the meaning of the U.S. Constitution Review Judicial laws acts Constitution interpret

11 Types of cases heard by Federal Courts
Civil cases- cases where two parties ______ over an issue. Criminal cases- cases in which the court (judge or jury) determines if an individual has ________ a crime. Cases involving the Federal government- cases where the __________ is one of the parties involved disagree committed government

12 Types of cases heard by Federal Courts
Constitutional questions- if a party feels his or her constitutional _______ have been violated Disputes between citizens of different states- If one party is a resident of one ______ and the other party is a resident of _________. Federal laws- cases where someone is accused of ________ crimes. Also includes civil cases and crimes committed on federal property. rights state another federal

13 Types of cases heard by Federal Courts
Disputes involving ___________ governments- cases involving a foreign country and the U.S, an American citizen, or an American company Admiralty and maritime law- cases involving crimes or accidents on the ________________ Cases involving foreign diplomats or U.S. diplomats- cases where __________are accused of breaking U.S. laws. foreign high seas diplomats

14 Virginia State Court System
Virginia Supreme Court __________ court in Va. Has ____________ Jurisdiction- hears appeals from lower courts of Virginia. This is the court’s ___________ job. Has Original Jurisdiction- can take several type of cases. Does not happen very often. Court consists of _______ justices. Justices are elected by the ______________________ and serve ____ year terms Highest Appellate primary 7 General Assembly 12

15 Virginia State Court System
Court of Appeals of Virginia-created in 1985 to hear _________ from lower courts Appellate Jurisdiction- most cases are submitted to the court by a “petition for appeal”. The court may or may not accept these appeals. The court is required to hear some appeal cases called “Appeals of Right” Original Jurisdiction- The court will hear a few original cases Court consists of eleven judges who are elected by the General Assembly for ____ year terms appeal 8

16 Virginia State Court System
Circuit Court Cases taken __________ and misdemeanors from Grand Jury _____________ of felonies and misdemeanors committed by juveniles Cases sent by ________________ and Domestic Relations General Court ___________ cases- Claims above $15,000 ____________ from General District Court _____________ changes Only court in VA with ____________ Judges are appointed by the General Assembly for an _______year term Felonies Appeals Juvenile Civil Appeals Name Juries 8

17 Grand Jury Function of a Regular Grand Jury
A regular Grand Jury is composed of from five to seven citizens of a city or county, summoned by the Circuit Court of that city or county, to consider bills of indictment and to hear witnesses and determine whether there is probable cause to believe that a person accused of having committed a serious crime did commit the crime and should stand trial at a later date. The Court may summon up to nine people to ensure a sufficient number. The Grand Jury does not hear both sides of the case and does not determine the guilt or innocence of the accused person. This is determined by a "petit (trial) jury" if and when the accused is tried later. The Grand Jury only determines whether there is probable cause that the accused committed the crime and should stand trial.

18 Virginia State Court System
General District Court Cases _______________ violations ___________ cases- Claims less than $4,500 and Concurrent jurisdiction with Circuit court for claims $4,500-$15,000 Criminal _______________ __________ hearings ________________ hearings for felonies Judges are appointed by the General Assembly for a ______ year term Traffic Civil misdemeanors Bond Preliminary 6

19 Virginia State Court System
Juvenile and Domestic Relations Court Hears cases: Delinquents- A ___________ (under the age of 18) who has committed an act which would be a _____________ if committed by an __________ involving _____________ Adults involved in disputes concerning the support, visitation or custody of a child ___________ care cases Judges are appointed by the General Assembly for a _____ year term juvenile crime adult children Foster 6

20 Juvenile Case Procedures
Rehabilitation ____________________ (correct behavior) vs. Punishment Non-public proceedings (not open to _________) Records of trial are kept ___________. Bench trials, _________ makes decision (no ____) _____________ notification (immediately upon arrest) Juveniles (____ and older) who commit ________ crimes can be tried as _________ public private judge jury Parental 14 serious adults

21 Juvenile Case Procedures
Cases involving ___________ are handled by the Juvenile and Domestic Relations Court Judges have great ______________ in decision making (what’s _______ for the child) children latitude best

22 Court Cases Criminal Cases Felony Serious 1 Misdemeanor less 1
Two types of crime ______________- _____________ crimes such as murder, robbery, arson. If convicted could be sentenced to prison for ___ year to life. __________________- relatively ________ serious crimes such as traffic cases, vandalism, shoplifting. Punishable by no more than _______ year in jail. Two types of criminal crime Injury- murder, assault, kidnapping Property- larceny, vandalism, and fraud Felony Serious 1 Misdemeanor less 1

23 Criminal Court Proceedings
Probable ____________ Cause (4th Amendment) ___________ facts or circumstances which lead one to believe a __________ has been ____________. Have to have before a warrant is issued Warrant- ______________ that gives law enforcement the __________ to __________ or ____________ Summons Directs a person to appear in court for a hearing. Usually associated with a civil case. Arrest Take a person into ___________. The person is no longer ________ to go and is going to be ________ for a crime Known crime committed Document search right seize custody charged free

24 Criminal Court Proceedings
Magistrate (misdemeanors)\District Court (Felonies) ________________ Hearing Judge who decides whether there is enough __________ to send the case to __________ or ______ the charges. Also determines bail. Bail Money put up to ___________ that the defendant will _________ for court proceedings (_________) Indictment A ___________ charge issued by a judge or Grand Jury which names a __________ and ________ the charge or charges Plea Bargain ______________ in which the accused _________ to plead __________ to a __________ charge. Arraignment Hearing where the suspect ______ a plea (guilty or not guilty) Preliminary evidence trial drop ensure return trial formal states suspect Agreement agrees guilty lesser enters

25 Criminal Court Proceedings
Setting a Trial Date If the suspect pleads not guilty the arraigning judge will _____ a date for the trial Trial The case is presented to a ________ or _________ Petit (Trial) Jury A jury of usually 12 citizens which hears the case and ______________ the fate of the suspect Prosecution _________ the side of the _______. Tries to prove the ___________ of the suspect set judge jury determine Represents state guilt

26 Criminal Court Proceedings
Subpoena A court order requiring a person to __________ in court Witness People called to a trial to tell the ________ about what they ____________ Testimony Statements __________ makes under __________ Verdict- Final decision of Judge or Jury Acquittal- Defendant is found _______________ Guilty- Defendant found guilty beyond a reasonable doubt Hung Jury- When a jury cannot _________ on a verdict. The prosecution must decide whether to ________ the charges or ask for a __________ appear truth know oath witness Not guilty decide drop retrial

27 Rights of the Accused Protection from ____________ searches and seizures (need __________ cause)- 4th Indictment (formal _________) by ______ Jury- 5th Freedom from ______ incrimination (don’t have to ________ against __________)- 5th Right to an ____________- 6th unreasonable probable charging Grand self testify yourself attorney

28 Rights of the Accused know Right to _________ the charges- 6th
Right to a ____________ trial- 6th Right to question _____________ in open court- 6th Right to ___________ to a higher court- 7th Prevention of ________ and ____________punishment- 8th Prohibition against ____________ bail- 8th Innocent until ____________ guilty know fair witnesses appeal cruel unusual excessive proven

29 Court Cases Civil Cases Disagreement parties damages starting accused
______________ between two _________ over rights, property, injury, or agreements Lawsuit- a person or group brings legal action to collect _______________ for a harm done. Plaintiff- the person or group __________ the lawsuit Defendant- the person or group __________ of the wrongdoing Disagreement parties damages starting accused

30 Civil Case Procedures The plaintiff files a ___________ to recover damages or receive compensation A ____________ is issued directing the defendant to appear in court for a hearing. Case will be heard by a _______ or a _____ Cases can be __________ up to the Court of Appeals or Supreme Court lawsuit summons judge jury appealed

31 Supreme Court calendar court schedule
Factors that influence the Court’s decision to hear a case Significant _____________ question ____________ of a fundamental ________ _____________ importance Agreement of ________ justices When a case has been accepted it is added to the docket(__________ showing the _______ of cases for a ________) constitutional protection right widespread four calendar court schedule

32 Supreme Court Decisions Uphold Overturn
_________ the verdict: Court agrees with the lower court decision ___________ the verdict: Court reverses the decision of the lower court Remand to the lower court: Court sends back to lower court for a _______ trial Court is made up of ________ justices Appointed by __________ for life Appointments approved by __________ Uphold Overturn new nine president Congress

33 Supreme Court Court Opinions: Supreme Court decisions are accompanied by an _______ explaining why the justices arrived at their decision _______________ Opinion Explanation of why the majority of justices reached the decision Explanation of why those justices who disagreed did so opinion Majority Dissenting

34 Due Process of Law 5th amendment- no person shall be _____ “_____, liberty, or property without due process of _____.” A person cannot ________ for a crime unless he or she has been ______ tried by the law/court 14th amendment- applies due process clause to __________ denied life law Be punished fairly states

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