Presentation is loading. Please wait.

Presentation is loading. Please wait.

Judicial Branch. How was it created? Article III Section 1. (Courts & Terms of Office) Section 2. (Jurisdiction) Section 3. (Treason)

Similar presentations


Presentation on theme: "Judicial Branch. How was it created? Article III Section 1. (Courts & Terms of Office) Section 2. (Jurisdiction) Section 3. (Treason)"— Presentation transcript:

1 Judicial Branch

2 How was it created? Article III Section 1. (Courts & Terms of Office) Section 2. (Jurisdiction) Section 3. (Treason)

3 US Court Systems There are two court systems in the United States: There are two court systems in the United States: National Judiciary (spans the country) National Judiciary (spans the country) State Courts (run by each of the 50 States) State Courts (run by each of the 50 States) Different court systems are needed in order to allow each level to interpret their laws (remember federalism) Different court systems are needed in order to allow each level to interpret their laws (remember federalism) The constitution gives certain rights to the federal government while reserving other rights for the state The constitution gives certain rights to the federal government while reserving other rights for the state

4 Court Systems Federal Created by the Constitution Created by the Constitution Deals with issues of law relating to powers granted in the Constitution Deals with issues of law relating to powers granted in the Constitution State Different in each state Deal with issues of law relating to those matters that the US Constitution did not give to the federal government or deny to any state

5

6 Criminal vs. Civil Law Criminal Law Concerns offenses against the authority of the state Concerns offenses against the authority of the state Violation of a law Violation of a law Punishment- Jail or prison, fine, death penalty Punishment- Jail or prison, fine, death penalty Burden of Proof- is on state Burden of Proof- is on state Defendant is innocent until proven guilty Defendant is innocent until proven guilty Must prove guilty beyond reasonable doubt (98-99%) Must prove guilty beyond reasonable doubt (98-99%)

7 Criminal vs. Civil Law Civil Law Law that determines private rights and liabilities Law that determines private rights and liabilities Relates to human conduct and disputes between private parties Relates to human conduct and disputes between private parties Punishment- Only reimbursement for plaintiff’s losses Punishment- Only reimbursement for plaintiff’s losses Burden of Proof- On Plaintiff, prove more than 50% that defendant caused injury Burden of Proof- On Plaintiff, prove more than 50% that defendant caused injury

8 State or Federal Court??? Read the scenarios and figure out if the case belongs in the federal or state court and why. Read the scenarios and figure out if the case belongs in the federal or state court and why.

9 National Judiciary The Constitution created the Supreme Court and left Congress to establish the inferior courts—the lower federal courts. The Constitution created the Supreme Court and left Congress to establish the inferior courts—the lower federal courts. There are two types of federal courts: There are two types of federal courts: Constitutional Courts Constitutional Courts Special Courts Special Courts

10

11 Federal Courts Constitutional Courts Constitutional Courts Supreme Court Supreme Court Appeals Appeals District/Trial Courts District/Trial Courts Special Courts Special Courts Military, tax court, veterans affairs etc. Military, tax court, veterans affairs etc. More specific and narrow cases More specific and narrow cases Created by Congress Created by Congress

12

13

14 Jurisdiction What court hears the case? Definition: Authority of a court to hear (try and to decide) a case Authority of a court to hear (try and to decide) a case Article III, Section 2 of the Constitution provides that the federal courts may hear a case because either: Article III, Section 2 of the Constitution provides that the federal courts may hear a case because either: (1) the subject matter or (1) the subject matter or (2) the parties involved in the case. (2) the parties involved in the case.

15 Types of Jurisdiction Exclusive and Concurrent Jurisdiction Exclusive and Concurrent Jurisdiction Some cases can only be heard in federal courts. In that case, federal courts have exclusive jurisdiction. Some cases can only be heard in federal courts. In that case, federal courts have exclusive jurisdiction. Many cases may be tried in a federal court or a State court. In such an instance, the federal and State courts have concurrent jurisdiction. Many cases may be tried in a federal court or a State court. In such an instance, the federal and State courts have concurrent jurisdiction. Original and Appellate Jurisdiction A court in which a case is first heard is said to have original jurisdiction over that case. A court that hears a case on appeal from a lower court has appellate jurisdiction over that case. The Supreme Court exercises both original and appellate jurisdiction.

16 Appointment & Terms Federal judges and Supreme Court Justices are appointed by the President Federal judges and Supreme Court Justices are appointed by the President Subject to the approval of the Senate. Subject to the approval of the Senate. Most federal judges are leading attorneys, legal scholars and law school professors, former members of Congress etc. Most federal judges are leading attorneys, legal scholars and law school professors, former members of Congress etc. Federal Judges Appointed For life (resign, retire, or die) Federal Judges Appointed For life (resign, retire, or die) Removal by impeachment (13 federal judges, 7 convicted) Removal by impeachment (13 federal judges, 7 convicted) Own will Own will Special Courts Appointed For 4-15 years Special Courts Appointed For 4-15 years Congress Determines salaries Congress Determines salaries

17 http://www.whitehouse.gov/infocus/judici alnominees/ http://www.whitehouse.gov/infocus/judici alnominees/ http://www.whitehouse.gov/infocus/judici alnominees/ http://www.whitehouse.gov/infocus/judici alnominees/ http://www.whitehouse.gov/news/nomina tions/ http://www.whitehouse.gov/news/nomina tions/ http://www.whitehouse.gov/news/nomina tions/ http://www.whitehouse.gov/news/nomina tions/ http://www.senate.gov/reference/resourc es/pdf/98-53.pdf http://www.senate.gov/reference/resourc es/pdf/98-53.pdf http://www.senate.gov/reference/resourc es/pdf/98-53.pdf http://www.senate.gov/reference/resourc es/pdf/98-53.pdf

18 Inferior Courts Chapter 18 Section 2

19 The District Courts Federal Judicial Districts The 94 federal judicial districts include at least one district in each State, the District of Columbia, and Puerto Rico. The 94 federal judicial districts include at least one district in each State, the District of Columbia, and Puerto Rico. Larger and more populous States are divided into two or more districts, reflecting the larger amount of judicial work done there. Larger and more populous States are divided into two or more districts, reflecting the larger amount of judicial work done there. District Court Jurisdiction have original jurisdiction over most cases that are heard in federal courts. The district courts hear a wide range of criminal cases and civil cases. A criminal case, in the federal courts, is one in which a defendant is tried for committing some action that Congress declared by law to be a federal crime. A federal civil case is one which involves noncriminal matters.

20 The Courts of Appeals Appellate Court Judges Altogether, 179 circuit judges sit in the 12 appeals courts. Altogether, 179 circuit judges sit in the 12 appeals courts. A Supreme Court justice is also assigned to each of the circuits. A Supreme Court justice is also assigned to each of the circuits. Appellate Court Jurisdiction The courts of appeals only have appellate jurisdiction, hearing cases on appeal from lower federal courts. The courts of appeals were created in 1891 to handle much of the burden that the Supreme Court faced in ruling on appealed cases.

21

22

23

24 Other Constitutional Courts The Court of International Trade The Court of International Trade hears civil cases arising out of tariff and other trade-related laws. The Court of International Trade hears civil cases arising out of tariff and other trade-related laws. The Court of Appeals for the Federal Circuit This appellate court has nationwide jurisdiction and hears cases from several different courts. Most cases heard arise from the U.S. Court of International Trade, the U.S. Court of Federal Claims, and the U.S. Court of Appeals for Veterans Claims.

25 Supreme Court http://www.oyez.org/tour?item=introduction http://www.oyez.org/tour?item=introduction The Justices of the Supreme Court of the United States as of 2007. Top row (left to right): Stephen G. Breyer, Clarence Thomas, Ruth Bader Ginsburg, and Samuel A. Alito. Bottom row (left to right): Anthony M. Kennedy, John Paul Stevens, Chief Justice John G. Roberts, Antonin G. Scalia, and David H. Souter.Stephen G. BreyerClarence ThomasRuth Bader GinsburgSamuel A. AlitoAnthony M. KennedyJohn Paul StevensJohn G. RobertsAntonin G. ScaliaDavid H. Souter http://www.oyez.org/media/oyezoyezoyez/

26 Supreme Court- What? Only court sanctioned by the Constitution Only court sanctioned by the Constitution Power of Judicial Review: Power of Judicial Review: Determine if a law is constitutional Determine if a law is constitutional Jurisdiction: Jurisdiction: Both Original & Appeal Both Original & Appeal

27 Supreme Court 3 tools to decided cases 1. Constitution 2. Precedent (Stare Decisis) 3. Society

28 Judicial Review Chapter 18, Section 3 Judicial review Judicial review power of a court to determine the constitutionality of a government action power of a court to determine the constitutionality of a government action First asserted power of judicial review in the case of Marbury v. Madison (1803). First asserted power of judicial review in the case of Marbury v. Madison (1803). The Court’s decision laid the foundation for its involvement in the development of the American system of government. The Court’s decision laid the foundation for its involvement in the development of the American system of government.

29 Supreme Court Jurisdiction Chapter 18, Section 3 Both original and appellate jurisdiction. Both original and appellate jurisdiction. The Court has original jurisdiction over cases involving two or more States and all cases brought against ambassadors or other public ministers. The Court has original jurisdiction over cases involving two or more States and all cases brought against ambassadors or other public ministers. Most cases heard by the Court are appeals cases. The Court hears only one to two cases in which it has original jurisdiction per year. Most cases heard by the Court are appeals cases. The Court hears only one to two cases in which it has original jurisdiction per year.

30 How Cases Reach the Supreme Court Chapter 18, Section 3 For a case to be heard by the Court, four of nine judges must agree that it should be placed on the Court’s docket. Writ of Certiorari Most cases reach the Court via writ of certiorari, an order to a lower court to send a record in a given case for its review. Most cases reach the Court via writ of certiorari, an order to a lower court to send a record in a given case for its review. Cert Denied, court refuses to hear case Cert Denied, court refuses to hear case Certificate Cases can reach the Court by certificate when a lower court asks for the Court to certify the answer to a specific question in the matter. Cases can reach the Court by certificate when a lower court asks for the Court to certify the answer to a specific question in the matter.

31 Chapter 18, Section 3

32 How the Supreme Court Operates Oral Arguments Once the Supreme Court accepts a case, it sets a date on which lawyers on both sides will present oral arguments. Once the Supreme Court accepts a case, it sets a date on which lawyers on both sides will present oral arguments.Briefs Briefs are written documents filed with the Court before oral arguments begin. Briefs are written documents filed with the Court before oral arguments begin. The Court in Conference The Chief Justice presides over a closed-door conference in which justices present their views on the case at hand. The Chief Justice presides over a closed-door conference in which justices present their views on the case at hand. Chapter 18, Section 3

33 Opinions of the Court Once the Court finishes its conference, it reaches a decision and its opinion is written.

34 How cases reach the Supreme Court “Rule of Four”: 4/9 judges agree for a case to be put on the Court’s docket “Rule of Four”: 4/9 judges agree for a case to be put on the Court’s docket “Writ of certiorari”: “To be made more certain” “Writ of certiorari”: “To be made more certain” Certificate: Lower court is not clear Certificate: Lower court is not clear


Download ppt "Judicial Branch. How was it created? Article III Section 1. (Courts & Terms of Office) Section 2. (Jurisdiction) Section 3. (Treason)"

Similar presentations


Ads by Google