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Judicial Branch.  The Judicial Branch is like the other two branches. It exists at the 3 levels of government.  As the other branches are broken up.

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Presentation on theme: "Judicial Branch.  The Judicial Branch is like the other two branches. It exists at the 3 levels of government.  As the other branches are broken up."— Presentation transcript:

1 Judicial Branch

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

9  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.  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. Organization and Jurisdiction of Federal and State 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) 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 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 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 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

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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 13 th court of appeals that deals with special federal courts and agencies of the Executive Branch 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 13 th 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 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

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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  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

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

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