Presentation on theme: "Federal vs. State/local crimes"— Presentation transcript:
1Federal vs. State/local crimes Mail fraudKidnapping across state linesAuto theft across state linesPossessing prescription drugs w/o a prescriptionBank robberyState/LocalMurderDriving under the Influence (DUI)RapeIllegal drug use/possession (shared w/federal)
2Role of the Federal Courts The Federal Courts use the law to settle disputes and determine the innocence or guilt of someone accused of a crimeCriminal: A law has been broken, usually results in PUNISHMENT if guilty (fine, prison)Civil: One person has caused damage to another, resulting in a PENALTY if found guilty ($ fines)
3Equal TreatmentThe goal of the Federal Court system is to treat every person the same in the eyes of the lawRights to fair & speedy trial, due process, etc…People are presumed to be innocent until proven guiltyMay appeal rulings that they feel were unjustEqual treatment has not always been the case for some groups of people
4Federal Court BasicsCongress has the authority to create all Federal Courts below the Supreme CourtJurisdiction: Who has the authority to hear a case?Does it go to a Federal Court or a state court?
5Federal Court Basics The Federal Courts have jurisdiction if: If there is a Constitutional issue involved (ex: Free speech)Someone is accused of violating Federal LawCrimes or lawsuits that arise on/related to U.S controlled bodies of waterSomebody from one state sues someone from another StateDisputes between two or more StatesThe Federal Government is a party in the lawsuit
6Types of JurisdictionExclusive Jurisdiction: A case that can ONLY be heard in one Court (Usually describes Federal Court)Concurrent Jurisdiction: Can be heard in either a State or Federal CourtCivil cases involving residents of different states3. Original Jurisdiction: The court that gets to hear a case first4. Appellate Jurisdiction: A court gets to hear a case only if it has been appealed from another lower court
7Partner QuestionsDefine jurisdiction. Then explain the difference between exclusive and concurrent jurisdiction.What is meant by the words that are inscribed on the United States Supreme Court building: “Equal Justice Under Law.”
8Step 1: Federal District Courts Created by Congress in 1789 to ease workload on Supreme CourtFederal District Courts have ORIGINAL JURISDICTION in most Federal cases1st Court to hear most Federal casesU.S. & territories broken into 94 districts, each district has judges to hear casesAt least 1 district per state, some more
9Step 1: Federal District Courts (Cont) Facts:Hear criminal (bank robbery, etc…) and civil cases (federal lawsuits)Main trial courts in Federal system(hear more than 300,000 cases per year)One judge normally hears a case, decided by a jury
10Step 2: Federal Court of Appeals Created by Congress in 1891 to ease workload on Supreme CourtHear cases that have been appealed from district courts (appellate jurisdiction ONLY)U.S. broken down into 12 smaller groups called CircuitsEach circuit has a “Federal Circuit Court of Appeals”
11Step 2: Federal Court of Appeals (Cont) FACTS:Most cases decided by a panel of 3 judgesCan ONLY hear a case if it is appealedMaking a decisionCourts of Appeals do not hold trials, insteadEither uphold ruling of the lower courtOverturn lower court ruling
12Step 2: Federal Court of Appeals (Cont) Announcing decisionsOne judge writes the official opinion of the courtWritten explanation of the Court’s decisionThese opinions set Precedent, a standard that can be used to rule on future cases over a similar topic
14Partner Questions How did the federal court system develop? Why do you think federal courts rule on disputes between states? What would be an example of such a case?
15Structure of Federal Courts Using your notes and structure of federal courts handout, explain the three levels of the Judicial Branch and how the Judicial Branch has grown over time.Write your answer on a separate sheet of paper. It should be at least two paragraphs.
16Selecting JudgesPresident allowed to name Federal judges with consent of the SenatePresident usually looks for judges who have similar beliefs from same partySenatorial Courtesy is often followed for district court judgesSenators from the candidate’s state are asked their thoughtsIf they disapprove, a new candidate is chosen
17Other Court Officials Magistrate judges: Take care of routine work Issue warrants, preliminary hearings, bailU.S. Attorney: Government lawyersProsecute those charged w/Federal crimesInvestigate complaintsU.S. Marshal: Serve subpoenas, take the convicted to prison
18The Supreme Court Highest Court in the U.S Jurisdiction: Original jurisdiction over cases involving diplomats in foreign countries & in disputes between statesAll other cases, the Supreme Court has appellate jurisdiction (only hears appeals)Supreme Court does not hear all cases it receivesDecisions of the Court are final
19The Supreme Court Organization of the Court: Selection: Chief Justice of the Supreme Court & 8 Associate JusticesSelection:President nominates w/Senate approvalOften choose candidates that they believe will be approved by SenateBackground of Justices:Justices are former lawyers & judges1st African American justice 1967, 1st female 1981
20The Supreme CourtPowers of the Court:Judicial Review: The court can review any Federal, State, Local law before it to decide if it is allowed by the ConstitutionSets aside those that are in violationMarbury v. Madison case:Court case that established the power of judicial review
212014 Voters’ GuideIdentify two elections that are related or connected to the Judicial Branch.Explain how the two elections are related or connected to the Judicial Branch.
22Everyone from now on stays until the end of class.
23The Supreme Court Limits on the Supreme Court: Court can rule on an issue, but depends on Executive & Legislative to follow rulingsCourt can only rule on cases brought before it (actual legal disputes)
24The Supreme Court How cases reach the Supreme Court: The 9 justices look at the possible cases, & if 4 approve, they will hear the case (rule of 4)Docket: official calendar/schedule of cases for the Court to hear(2006) 8,900 cases appealed to the S.C.67 hearings & full opinions, only decided a few hundred cases total
25The Supreme Court Deciding Cases: Written Arguments: After accepting a case, lawyers from each side submit briefs, or written explanation of that side of the caseOral Arguments: Lawyers from each side present their case to the Supreme court30 minutes per side, justices can ask tough questions
26ConferenceOn Fridays the justices get together to make their decision on the caseMeetings are held in secret.A majority (5 votes) decide a case.At least 6 justices need to be present to vote on a case.
27The Supreme Court Deciding Cases: Opinion Writing: Court issues a rulingMajority Opinion: Official ruling of the court, explains the ruling and how they came to that decisionConcurrent Opinion: Written by a justice who agrees with the majority opinion, but has slightly different reasonsDissenting Opinion: Justices who disagree with the majority can write why they disagree
28Reasons for decisionsLawPrecedentsSocial AtmosphereJustices’ own legal and personal views