Presentation on theme: "The Judicial Branch--Chapter 18"— Presentation transcript:
1The Judicial Branch--Chapter 18 For what reasons was the national court system established?States were ignoring each others lawsStates were interpreting laws differentlyTo settle disputes between individuals from different states
2The Judicial Branch--Chapter 18 On what two bases can the federal courts hear and decide cases?Subject matterParties involvedHow are federal judges selectedNomination by the President and approval by Senate
3The Judicial Branch--Chapter 18 Who helps federal judges and Supreme Court justices do their job?Court clerks and other court officersU.S. magistratesU.S. attorneysU.S. marshalsOther judges
5The Judicial Branch--Chapter 18 Crime—something one does or fails to do that is in violation of the law, or an action for which the state has set a punishment or penalty.Civil Action—also known as a “tort”; wrongful actions committed by one person against another.
6The Judicial Branch--Chapter 18 Felony—a crime punishable by one year or more in jail, and/or $1,000 or more in fines.Misdemeanor—a crime punishable by one year orless in jail, and/or $1,000 or less in fines.
7The Judicial Branch--Chapter 18 FEDERAL CASES AND FEDERAL COURTSA person is accused of disobeying the U.S. ConstitutionA person is accused of violating a U.S. treatyA person is accused of breaking a federal law passed by Congress.
8The Judicial Branch--Chapter 18 A person is accused of committing a crime on U.S. federal property.A citizen of one state brings a lawsuit against a citizen of another state.A person is accused of an offense by a foreign nationA person is accused of committing acrime on a U.S. ship at sea
9The Judicial Branch--Chapter 18 FEDERAL COURTSFederal District Courts90+ Federal District Courtsmap, p. 513Federal Circuit Court of Appeals12 circuitsjudges sit in groups of 3can travel to court of original jurisdiction
10The Judicial Branch--Chapter 18 OTHER FEDERAL COURTSInferior CourtsSpecial Courts
11The Judicial Branch--Chapter 18 INFERIOR COURTSFederal District Courts665 judges@300,000 cases per yearJudiciary Act of 178950 states, D.C., and Puerto Ricooriginal jurisdiction over federal casescaseload
12The Judicial Branch--Chapter 18 Federal Circuit Court of Appeals@180 judges (3-judge panels)@ 55,000 cases per year on appealcreated in 189112 total circuitsappellate jurisdictionhandle caseload
13The Judicial Branch--Chapter 18 Court of International Trade9 judgesCivil cases involving tariff and trade laws1890 and 1980New Orleans, San Francisco, Boston, and New YorkOriginal jurisdiction over tariff and trade lawsRegulate and resolve disputes over trade laws.
14The Judicial Branch--Chapter 18 Circuit Court of Appeals for the Federal Circuit12 judgesappeals from Civil cases in lower federal courts1982spread throughout the nationappellate jurisdictionspeed up the appeals process
15The Judicial Branch--Chapter 18 Tax Court19 judges15 year termshear civil and criminal disputes over the application of tax laws
16The Judicial Branch--Chapter 18 Veteran’s Affairs Appeals Court6 judges15 year termsappeals of decisions of the Department of Veteran’s Affairs
17The Judicial Branch--Chapter 18 Territorial Courts4 judges15 year termsApplication of laws governing U.S. territories
18The Judicial Branch--Chapter 18 Courts of the District of Columbiapart of the Federal District Court systemhear local and constitutional cases involving the governing of the District of Columbia.
19The Judicial Branch--Chapter 18 United States Claims Court16 judgesserve 15 year termshear civil claims filed against the United States government
20The Judicial Branch--Chapter 18 Armed Forces Appeals Court5 judges15 year termsHear appeals of decisions in military courts and court martials
21The Judicial Branch--Chapter 18 The U.S. Supreme Court9 justicesMeet October to May/JuneHow cases get there
22The Judicial Branch--Chapter 18 PETITION FOR REVIEWlawyers file briefs (statements about the case) with the Supreme Court attempting to convince the justices that the issues in the case are or are not important.
23The Judicial Branch--Chapter 18 Criteria for acceptance:--- the US is a party in the case---different reasons for decisions were given in the lower courts---the issue is one the justices are eager to resolve---workload permits it---the case present an issue of importance to the nation---"the rule of four"
24The Judicial Branch--Chapter 18 BRIEFS ON THE MERITS---the case is granted "writ of certiorari" and placed on the docket (calendar)---briefs are filed by both lawyers focusing on the decision to be made---outside groups with an interest in the case can also file "amicus curiae" briefs (means "friend of the court")
25The Judicial Branch--Chapter 18 ORAL ARGUMENTSeach case is given one hour for presentation (30 minutes per side)justices can interrupt and ask questions at any timeno jury and no witnesses
26The Judicial Branch--Chapter 18 CONFERENCE AND DECISIONall conferences are closed and confidentialdecisions do not have to be made immediately following the hearing of a case
27The Judicial Branch--Chapter 18 ASSIGNMENT AND WRITING OF OPINIONSchief justice assigns the writing of opinions three kinds of opinions:majority---majority (5 or more) justices are in agreement on outcome and reasoning concurrent--of the majority justices, there is agreement on the outcome, but disagreement on the reasons dissenting (minority)--opinion of the minority number of justices
28The Judicial Branch--Chapter 18 STATE CASES AND STATE COURTSState cases occur when a person breaks a law as specified by the state.Code of Alabama, Titles 12, 13, 13A, 14, and 15Capital crimes--crimes made worse by the circumstances surrounding the criminal action; known as “aggravating” circumstances.
30The Judicial Branch--Chapter 18 THE CRIMINAL JUSTICE PROCESSSUSPECTsearch and seizure--4th amendmentexclusionary rulewarrantssearching without a warrant??ARRESTwarrantsMiranda rights
31The Judicial Branch--Chapter 18 BOOKING/PHOTOGRAPHpreparing the "file" on youINITIAL APPEARANCEaccused appears before a judge, who may set bailPRELIMINARY HEARINGjudge decides if there is enough evidence to have you boundover for formal charges
32The Judicial Branch--Chapter 18 If you committed a federal offense…..GRAND JURY16-23 people who hearevidence and issue indictmentsINDICTMENTstatement by a Grand Jury formallyaccusing you of the crime for whichyou were chargedARRAIGNMENT HEARINGaccused is formally notified ofcharges and enters a pleaYour case then goes to petit jury selection
33The Judicial Branch--Chapter 18 If you committed a state offense…..Your case goes to petit jury selectionCalled “voir dire” (French for “to see to say”)Petit jury is 6-12 people who hear the case and decide guilt or innocence and recommend a punishment.
34The Judicial Branch--Chapter 18 Trial—evidence is presented by opposinglawyers; witnesses are called.Verdict—petit jury decides guilt or innocenceSentencing—judge sets punishment for defendant;defendant serves time