1Bell Starter Key Terms Key Terms Circuit Jurisdiction Exclusive jurisdictionConcurrent jurisdictionDistrict courtOriginal jurisdictionAppellate jurisdictionRemandJudicial reviewOpinionJudiciary Act of 1789Equal justice under lawMiranda v. ArizonaEngel v. VitalMagistratesFederal courtsAppeals courtsDocketMajority opinionUnanimous opinionConcurring opinionDissenting opinionStare decisisConstitutionalPrecedentBriefU.S. attorneysSandra Day O’ConnorThurgood MarshallDistrictCivil caseAppellate
2The Federal Court System ReviewThree levelsDistrict, Appeals, Supreme
3THE ESTABLISHMENT OF FEDERAL COURTS THE SUPREME COURT IS CREATED BY THE CONSTITUTION – Article IIIALL OTHER FEDERAL COURTS WERE CREATED BY JUDICIARY ACTS OF CONGRESS (GIVEN THIS POWER BY THE CONSTITUTION)JUDICIARY ACT 1789 CREATED THE DISTRICT COURTS AND APPEALS COURTSJUDICIARY ACT 1891 CREATED THE CIRCUITS FOR THE APPEALS COURTS
4FEDERAL COURT EXCLUSIVE JURISDICTION JURISDICTION THE RIGHT TO HEAR AND DECIDE A CASETHE CONSTITUTION ISSUESVIOLATIONS THE FEDERAL LAWDISPUTES BETWEEN STATESDISPUTES CITIZENS FROM DIFFERENT STATESFEDERAL GOVERNMENT CONTROVERSIESFOREIGN GOVERNMENT AND TREATIESADMIRALTY & MARITIME LAWSU.S. DIPLOMATS
5OTHER FORMS OF JURISDICTION EXCLUSIVE JURISDICTION: RIGHT TO HEAR AND DECIDE THE CASE ONLY BY FEDERAL COURTCONCURRENT JURISDICTION: RIGHT OF BOTH STATE AND NATIONAL COURTS TO HEAR THE CASELOWER FEDERAL COURTSORIGINAL JURISDICTION: RIGHT TO HEAR AND DECIDE CASES FIRST (DISTRICT COURTS)APPELLATE JURISDICTION: RIGHT TO HEAR AND DECIDE A CASE ONLY ON APPEAL FROM A LOWER COURT: (APPEALS COURTS OR CIRCUIT)
6U.S. District Courts Lowest level of federal courts The majority of federal cases begin at this level94 District courts, at least 1 in each stateResponsible for determining the facts of the caseOnly federal court in which witnesses testify and juries hear cases and reach verdicts
7U.S. Courts of Appeals Second level of federal courts 13 Federal Appeals courtsAppeals courts reviews decisions made by a lower court when petitionedCases are appealed due to error, new evidence, or unfairness
8U.S. Court of Appeals (con’t) A panel of 3 or more judges review the cases and listens to arguments from lawyers, then makes a decisionPossible Decisions: Uphold the original decision, reverse the original decision, or remand the case (send it back to a lower court)
9Federal Court Officials Judges: appointed by the president with Senate approval. Serve a lifetime term. Chief decision makers in the judicial branch.Magistrates: issue court orders, issue search warrants, preliminary hearings, determine if case should go to court.U.S. attorney: appointed by President for 4 year terms with Senate approval. Government lawyers who prosecute accused persons for breaking federal laws.Marshals: make arrests, collect fines, protect jurors, serve legal papers
10Supreme Court: Jurisdiction Supreme Court has original jurisdiction in 2 instances1. cases involving diplomats from foreign countries2. cases in which a state is involved
11Justices of the Supreme Court 8 associate justices lead by a chief justice (9 total)Appointed by the president with Senate approvalAppointed for a life termNo official requirements; all have been lawyers
12Selection of Justices Can be remove by impeachment FBI investigates Senate approves 2/3 votePresident’s legacy: pick justices and judges that are from their own political party & have same ideology (idea)
13Supreme Court PowersJudicial Review: decide if a law or action by government officials is allowed by the ConstitutionJudicial Review was established in the court case Marbury v. MadisonInterpreting Law: decide what law really means
14Powers of the Court Marbury vs. Madison Supreme Court has final ruling Judicial ReviewPower to say federal, state, local law, government action against ConstitutionJohn Marshall made decision that created Judicial Review Power:Constitution supreme law to landFederal law supreme to stateCourts duty uphold the Constitution
15Supreme Court Case Docket Court Docket (calendar)Court chooses what cases it will hear & not hearLess than 200 per yearFinal authority in all casesWhen court refuses to review a case from a lower court, the lower courts decision stands (upheld)
16Interpreting the Constitution Supreme court decides what Congress meant by vague laws it often makes5 year prison violent crimeUse of gun: What does this mean to you?Court meaning:person must show, fire, or say I have a gun
17Deciding what cases to hear Year begins October and ends in June/July of next yearEach month is divided into2 weeks listening to oral arguments2 weeks in recess (do all work)Write opinions & study new casesDuring summer breakStudy applications for review, catch up on other legal work
18Steps in Court’s Decision Activity Written Arguments: Lawyer prepares briefsAJustices ask questions of the lawyersaCopies printed and opinions posted on the web
19Answers 1.Written Arguments: lawyers prepares briefs. 2. justices study briefs3.Oral arguments: lawyers for each side argue the case4. Justices ask questions of the lawyers5. Conference: Justices make decisions about cases (majority of 5 required)6. Opinion Writing: after decision reached justices write an opinion7. Announcement8. Copies printed and opinions posted on the web.
20NC Judicial BranchThe North Carolina Judicial Branch interprets state laws and executive orders. NC has two kinds of trial courts1. Superior Court- handle civil cases more than $10,000 and felonies2. District Court – juvenile law, divorce and other family law, mental hospital commitments, traffic violations civil cases, or disputes involving less than $10,000, misdemeanors (minor crimes)
21TYPES OF COURTS NC JUDICIAL BRANCH SUPREME COURT NC COURT OF APPEALS SUPERIOR COURTDISTRICT COURTS
22JUDICIAL BRANCH NC SUPREME COURT 1 CHIEF JUSTICE & 6 ASSOCIATE JUSTICES 8 YEAR TERMS1ST DEGREE MURDER, APPEALS, REQUEST FROM STATE IN CRIMINAL CASES
23North Carolina Supreme Court The highest court in NCNC Supreme Court reviews cases appealed from the NC Appeals Court, if there is new evidence, unfair trial, or due process not followed.1ST DEGREE MURDER, APPEALS, REQUEST FROM STATE IN CRIMINAL CASESThere is 1 chief justice and 6 associate justices that decide a case. They can remand, overturn, or uphold a decision. There is no jury.
24JUDICIAL BRANCH COURT OF APPEALS 15 JUDGES – PANELS OF 3 THAT CIRCULATES8 YEAR TERMSHEARS APPEALS FROM ALL DISTRICT COURTSHEARS ALL APPEALS FROM SUPERIOR BUT 1ST DEGREE MURDERERS WITH DEATH PENALTYAPPEALS FROM AGENCIES
25North Carolina Appellate Courts A defendant can appeal his or her case if their rights are violated, new evidence comes to light or unfair trial.Appellate court judges review the case and a panel of 3 judges will decide to either uphold the decision, overturn the decision or remand the case to a general trial court. There is no jury.
26JUDICIAL BRANCH SUPERIOR COURTS 8 DIVISIONS AT LEAST 1 JUDGE/ DISTRICT 8 YEAR TERMSHEAR NEW JURY TRIALS FOR CONVICTED MISDEMEANORSCIVIL CASES OVER $10,000FELONIES
27NC General Trials Courts Superior Court: cases involving serious crimes (felonies) or civil cases involving more than $10,000.There will be a jury of your peers to decide the case.The judge keeps order, sentences the defendant if guilty, and can overturn a verdict reached by the jury if he or she feels the jury has not been impartial.
28JUDICIAL DISTRICT COURTS 39 DISTRICTS AT LEAST 1 JUDGE/ DISTRICT HAS A JURY TRIALHEARS MISDEMEANORSCIVIL CASES UNDER $10,000DOMESTIC RELATIONS CASESFAMILY COURT, JUVENILE 16 & UNDER
29NC General Trials Courts (con) District Courtscriminal district court-misdemeanorscivil cases involving less than 10,000juvenile courtmagisterial -traffic tickets, fines, etcThere is no jury for district courts only a judge.
30Landmark Court Decisions pg 392 Bayard v. SingletonState v. MannThe Leandro Case