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Judicial Branch.

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

1 Judicial Branch

2 The Judicial Branch is like the other two branches
The Judicial Branch is like the other two branches. It exists at the 3 levels of government. As the other branches are broken up into section, we will see that the Judicial Branch has parts that have certain functions.

3 Three levels

4 National level Supreme Court - has power of judicial review
Federal Courts - Try cases involving federal law and U.S. Constitutional questions

5 State level Supreme Court - Has power of judicial review over state laws Circuit courts - Try civil and criminal cases

6 Local Level Local Courts -Hear cases under the authority provided by state legislation

7 Court System The Court System is Broken into State and Federal Courts
State courts deal mainly with State crimes Federal Courts deal with Federal Crimes

8 Court System Courts handle two types of Cases
1. Criminal: whether a law has been broken. 2. Civil: Disagreement between two parties

9 Organization and Jurisdiction of Federal and State Courts
The United States has a separate court system whose organization and jurisdiction are derived from the Constitution and federal laws. The Judicial Branch is exercised in a duel court system, which consists of state and federal courts.

10 JURISDICTION The court’s authority to hear and decide cases.
Original: the authority to hear cases for the first time Concurrent: the authority for both federal and state courts to hear cases Exclusive: only the federal courts may hear certain types of cases (see next slide)

11 FEDERAL COURTS Types of cases heard
1. Cases involving the Constitution 2. Violations of federal law 3. Controversies between states. 4. Disputes between parties of different states 5. Suits involving the federal government 6. Cases involving foreign governments and treaties 7. Cases based on admiralty and maritime laws 8. Cases involving U.S. Diplomats

12 Federal Courts The federal courts has 3 different layers.
Supreme Court U.S. Courts of Appeals U.S. District Courts The Judiciary Act of 1789 organized these courts

13 Federal Courts U.S. Supreme Court HIGHEST COURT
Final court of appeals for both the state and federal courts It has some original jurisdiction The court normally chooses cases that have important constitutional issues The Supreme court has 9 Justices that decide the case


15 Federal Courts U.S. Court of Appeals 12 Appellate Courts
These twelve courts are divided into regions which are called circuits. They take cases from the district court in their regions. There is a 13th court of appeals that deals with special federal courts and agencies of the Executive Branch

16 Federal Courts U.S. Court of Appeals
There are no juries, witnesses, no examining of evidence There is a Panel of 3 Judges that decide whether the original trial was fair and the law was interpreted correctly They do not decide guilt or innocence


18 Federal Courts District Courts 94 District courts in the U.S.
Each states has at least one court They have original jurisdiction 1 Judge, Jury, witnesses, etc


20 State Courts The state court has 3 different layers.
State Supreme Court Courts of Appeals Trial Courts Circuit Courts/General District Court


22 State Courts Virginia Supreme Court
Court of final appeal (appellate jurisdiction) Limited original jurisdiction Justices/no jury

23 State Courts Court of Appeals of Virginia
Appellate jurisdiction from circuit courts Judges/no jury

24 State Courts Circuit Courts
Original jurisdiction for felony criminal cases and for certain civil cases Appellate jurisdiction from General District Courts Judge and a Jury

25 State Courts General District courts
Original jurisdiction for misdemeanors Civil cases for normally lower dollar amounts Judge

26 State Courts Juvenile and Domestic Relations District court
Deals with Juvenile and family cases Judge but no jury

27 State Courts Magistrates
Issue search warrants, subpoenas, arrest warrants, summons, and set bail

28 Judicial Review The Supreme courts of the United States and Virginia determine the constitutionality of laws and acts of the executive branch of government This power is called judicial review.

29 Judicial Review The power of judicial review is an important check on the legislative and executive branches of government. Marbury v. Madison established the principle of judicial review at the national level.

30 Constitution The Constitution of the United States of America is the supreme law of the land. State laws must conform to the Virginia and U.S. Constitutions.

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