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Bell Starter Key Terms  Circuit  Jurisdiction  Exclusive jurisdiction  Concurrent jurisdiction  District court  Original jurisdiction  Appellate.

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Presentation on theme: "Bell Starter Key Terms  Circuit  Jurisdiction  Exclusive jurisdiction  Concurrent jurisdiction  District court  Original jurisdiction  Appellate."— Presentation transcript:

1 Bell Starter Key Terms  Circuit  Jurisdiction  Exclusive jurisdiction  Concurrent jurisdiction  District court  Original jurisdiction  Appellate jurisdiction  Remand  Judicial review  Opinion  Judiciary Act of 1789  Equal justice under law  Miranda v. Arizona  Engel v. Vital  Magistrates  Federal courts  Circuit  Jurisdiction  Exclusive jurisdiction  Concurrent jurisdiction  District court  Original jurisdiction  Appellate jurisdiction  Remand  Judicial review  Opinion  Judiciary Act of 1789  Equal justice under law  Miranda v. Arizona  Engel v. Vital  Magistrates  Federal courts Key Terms  Appeals courts  Docket  Majority opinion  Unanimous opinion  Concurring opinion  Dissenting opinion  Stare decisis  Constitutional  Precedent  Brief  U.S. attorneys  Sandra Day O’Connor  Thurgood Marshall  District  Civil case  Appellate  Appeals courts  Docket  Majority opinion  Unanimous opinion  Concurring opinion  Dissenting opinion  Stare decisis  Constitutional  Precedent  Brief  U.S. attorneys  Sandra Day O’Connor  Thurgood Marshall  District  Civil case  Appellate

2 The Federal Court System Review Three levels District, Appeals, Supreme Review Three levels District, Appeals, Supreme

3 THE ESTABLISHMENT OF FEDERAL COURTS  THE SUPREME COURT IS CREATED BY THE CONSTITUTION – Article III  ALL 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 COURTS  JUDICIARY ACT 1891 CREATED THE CIRCUITS FOR THE APPEALS COURTS  THE SUPREME COURT IS CREATED BY THE CONSTITUTION – Article III  ALL 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 COURTS  JUDICIARY ACT 1891 CREATED THE CIRCUITS FOR THE APPEALS COURTS

4 FEDERAL COURT EXCLUSIVE JURISDICTION JURISDICTION THE RIGHT TO HEAR AND DECIDE A CASE – THE CONSTITUTION ISSUES – VIOLATIONS THE FEDERAL LAW – DISPUTES BETWEEN STATES – DISPUTES CITIZENS FROM DIFFERENT STATES – FEDERAL GOVERNMENT CONTROVERSIES – FOREIGN GOVERNMENT AND TREATIES – ADMIRALTY & MARITIME LAWS – U.S. DIPLOMATS JURISDICTION THE RIGHT TO HEAR AND DECIDE A CASE – THE CONSTITUTION ISSUES – VIOLATIONS THE FEDERAL LAW – DISPUTES BETWEEN STATES – DISPUTES CITIZENS FROM DIFFERENT STATES – FEDERAL GOVERNMENT CONTROVERSIES – FOREIGN GOVERNMENT AND TREATIES – ADMIRALTY & MARITIME LAWS – U.S. DIPLOMATS

5 OTHER FORMS OF JURISDICTION EXCLUSIVE JURISDICTION: RIGHT TO HEAR AND DECIDE THE CASE ONLY BY FEDERAL COURT CONCURRENT JURISDICTION: RIGHT OF BOTH STATE AND NATIONAL COURTS TO HEAR THE CASE LOWER FEDERAL COURTS ORIGINAL 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) EXCLUSIVE JURISDICTION: RIGHT TO HEAR AND DECIDE THE CASE ONLY BY FEDERAL COURT CONCURRENT JURISDICTION: RIGHT OF BOTH STATE AND NATIONAL COURTS TO HEAR THE CASE LOWER FEDERAL COURTS ORIGINAL 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)

6 U.S. District Courts  Lowest level of federal courts  The majority of federal cases begin at this level  94 District courts, at least 1 in each state  Responsible for determining the facts of the case  Only federal court in which witnesses testify and juries hear cases and reach verdicts  Lowest level of federal courts  The majority of federal cases begin at this level  94 District courts, at least 1 in each state  Responsible for determining the facts of the case  Only federal court in which witnesses testify and juries hear cases and reach verdicts

7 U.S. Courts of Appeals  Second level of federal courts  13 Federal Appeals courts  Appeals courts reviews decisions made by a lower court when petitioned  Cases are appealed due to error, new evidence, or unfairness  Second level of federal courts  13 Federal Appeals courts  Appeals courts reviews decisions made by a lower court when petitioned  Cases are appealed due to error, new evidence, or unfairness

8 U.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 decision  Possible Decisions: Uphold the original decision, reverse the original decision, or remand the case (send it back to a lower court)  A panel of 3 or more judges review the cases and listens to arguments from lawyers, then makes a decision  Possible Decisions: Uphold the original decision, reverse the original decision, or remand the case (send it back to a lower court)

9 Federal 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  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

10 Supreme Court: Jurisdiction  Supreme Court has original jurisdiction in 2 instances 1. cases involving diplomats from foreign countries 2. cases in which a state is involved  Supreme Court has original jurisdiction in 2 instances 1. cases involving diplomats from foreign countries 2. cases in which a state is involved

11 Justices of the Supreme Court  8 associate justices lead by a chief justice (9 total)  Appointed by the president with Senate approval  Appointed for a life term  No official requirements; all have been lawyers  8 associate justices lead by a chief justice (9 total)  Appointed by the president with Senate approval  Appointed for a life term  No official requirements; all have been lawyers

12 Selection of Justices  Can be remove by impeachment  FBI investigates  Senate approves 2/3 vote  President’s legacy: pick justices and judges that are from their own political party & have same ideology (idea)  Can be remove by impeachment  FBI investigates  Senate approves 2/3 vote  President’s legacy: pick justices and judges that are from their own political party & have same ideology (idea)

13 Supreme Court Powers  Judicial Review: decide if a law or action by government officials is allowed by the Constitution  Judicial Review was established in the court case Marbury v. Madison  Interpreting Law: decide what law really means  Judicial Review: decide if a law or action by government officials is allowed by the Constitution  Judicial Review was established in the court case Marbury v. Madison  Interpreting Law: decide what law really means

14 Powers of the Court  Marbury vs. Madison  Supreme Court has final ruling  Judicial Review  Power to say federal, state, local law, government action against Constitution  John Marshall made decision that created Judicial Review Power:  Constitution supreme law to land  Federal law supreme to state  Courts duty uphold the Constitution  Marbury vs. Madison  Supreme Court has final ruling  Judicial Review  Power to say federal, state, local law, government action against Constitution  John Marshall made decision that created Judicial Review Power:  Constitution supreme law to land  Federal law supreme to state  Courts duty uphold the Constitution

15 Supreme Court Case Docket  Court Docket (calendar)  Court chooses what cases it will hear & not hear  Less than 200 per year  Final authority in all cases  When court refuses to review a case from a lower court, the lower courts decision stands (upheld)  Court Docket (calendar)  Court chooses what cases it will hear & not hear  Less than 200 per year  Final authority in all cases  When court refuses to review a case from a lower court, the lower courts decision stands (upheld)

16 Interpreting the Constitution  Supreme court decides what Congress meant by vague laws it often makes  5 year prison violent crime  Use of gun: What does this mean to you?  Court meaning:  person must show, fire, or say I have a gun  Supreme court decides what Congress meant by vague laws it often makes  5 year prison violent crime  Use of gun: What does this mean to you?  Court meaning:  person must show, fire, or say I have a gun

17 Deciding what cases to hear  Year begins October and ends in June/July of next year  Each month is divided into  2 weeks listening to oral arguments  2 weeks in recess (do all work)  Write opinions & study new cases  During summer break  Study applications for review, catch up on other legal work  Year begins October and ends in June/July of next year  Each month is divided into  2 weeks listening to oral arguments  2 weeks in recess (do all work)  Write opinions & study new cases  During summer break  Study applications for review, catch up on other legal work

18 Steps in Court’s Decision Activity 1.Written Arguments: Lawyer prepares briefs 2.A 3.A 4.Justices ask questions of the lawyers 5.A 6.A 7.a 8.Copies printed and opinions posted on the web 1.Written Arguments: Lawyer prepares briefs 2.A 3.A 4.Justices ask questions of the lawyers 5.A 6.A 7.a 8.Copies printed and opinions posted on the web

19 Answers  1.Written Arguments: lawyers prepares briefs.  2. justices study briefs  3.Oral arguments: lawyers for each side argue the case  4. Justices ask questions of the lawyers  5. Conference: Justices make decisions about cases (majority of 5 required)  6. Opinion Writing: after decision reached justices write an opinion  7. Announcement  8. Copies printed and opinions posted on the web.  1.Written Arguments: lawyers prepares briefs.  2. justices study briefs  3.Oral arguments: lawyers for each side argue the case  4. Justices ask questions of the lawyers  5. Conference: Justices make decisions about cases (majority of 5 required)  6. Opinion Writing: after decision reached justices write an opinion  7. Announcement  8. Copies printed and opinions posted on the web.

20 NC Judicial Branch  The North Carolina Judicial Branch interprets state laws and executive orders. NC has two kinds of trial courts  1. Superior Court- handle civil cases more than $10,000 and felonies 2. 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)  The North Carolina Judicial Branch interprets state laws and executive orders. NC has two kinds of trial courts  1. Superior Court- handle civil cases more than $10,000 and felonies 2. 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)

21 NC JUDICIAL BRANCH  TYPES OF COURTS SUPREME COURT NC COURT OF APPEALS SUPERIOR COURT DISTRICT COURTS SUPREME COURT NC COURT OF APPEALS SUPERIOR COURT DISTRICT COURTS

22 JUDICIAL BRANCH NC  SUPREME COURT  1 CHIEF JUSTICE & 6 ASSOCIATE JUSTICES 8 YEAR TERMS  1 ST DEGREE MURDER, APPEALS, REQUEST FROM STATE IN CRIMINAL CASES  1 CHIEF JUSTICE & 6 ASSOCIATE JUSTICES 8 YEAR TERMS  1 ST DEGREE MURDER, APPEALS, REQUEST FROM STATE IN CRIMINAL CASES

23 North Carolina Supreme Court  The highest court in NC  NC 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 CASES  There is 1 chief justice and 6 associate justices that decide a case. They can remand, overturn, or uphold a decision. There is no jury.  The highest court in NC  NC 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 CASES  There is 1 chief justice and 6 associate justices that decide a case. They can remand, overturn, or uphold a decision. There is no jury.

24 JUDICIAL BRANCH  COURT OF APPEALS  15 JUDGES – PANELS OF 3 THAT CIRCULATES  8 YEAR TERMS  HEARS APPEALS FROM ALL DISTRICT COURTS  HEARS ALL APPEALS FROM SUPERIOR BUT 1 ST DEGREE MURDERERS WITH DEATH PENALTY  APPEALS FROM AGENCIES  15 JUDGES – PANELS OF 3 THAT CIRCULATES  8 YEAR TERMS  HEARS APPEALS FROM ALL DISTRICT COURTS  HEARS ALL APPEALS FROM SUPERIOR BUT 1 ST DEGREE MURDERERS WITH DEATH PENALTY  APPEALS FROM AGENCIES

25 North 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.  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.

26 JUDICIAL BRANCH  SUPERIOR COURTS  8 DIVISIONS AT LEAST 1 JUDGE/ DISTRICT  8 YEAR TERMS  HEAR NEW JURY TRIALS FOR CONVICTED MISDEMEANORS  CIVIL CASES OVER $10,000  FELONIES  8 DIVISIONS AT LEAST 1 JUDGE/ DISTRICT  8 YEAR TERMS  HEAR NEW JURY TRIALS FOR CONVICTED MISDEMEANORS  CIVIL CASES OVER $10,000  FELONIES

27 NC 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.  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.

28 JUDICIAL  DISTRICT COURTS  39 DISTRICTS  AT LEAST 1 JUDGE/ DISTRICT  HAS A JURY TRIAL  HEARS MISDEMEANORS  CIVIL CASES UNDER $10,000  DOMESTIC RELATIONS CASES  FAMILY COURT, JUVENILE 16 & UNDER  39 DISTRICTS  AT LEAST 1 JUDGE/ DISTRICT  HAS A JURY TRIAL  HEARS MISDEMEANORS  CIVIL CASES UNDER $10,000  DOMESTIC RELATIONS CASES  FAMILY COURT, JUVENILE 16 & UNDER

29 NC General Trials Courts (con) District Courts  criminal district court- misdemeanors  civil cases involving less than 10,000  juvenile court  magisterial -traffic tickets, fines, etc  There is no jury for district courts only a judge. District Courts  criminal district court- misdemeanors  civil cases involving less than 10,000  juvenile court  magisterial -traffic tickets, fines, etc  There is no jury for district courts only a judge.

30 Landmark Court Decisions pg 392 Bayard v. Singleton State v. Mann The Leandro Case Bayard v. Singleton State v. Mann The Leandro Case


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