3Creation of a National Judiciary The Framers created the national judiciary in Article III of the Constitution.There are two court systems in the United States: the national judiciary that spans the country, and the courts run by each of the 50 States.The Constitution created the Supreme Court and left Congress to establish the inferior courts—the lower federal courts. There are two types of federal courts: (1) constitutional courts and (2) special courts.234Chapter 18, Section 1
4Judicial function in the United States is exercised in a dual court system.
5U.S. CourtsHandle (have jurisdiction over) cases involving federal law and the Constitution.
6State CourtsHandle (have jurisdiction over) cases involving state matters.
7The right of a court to hear a case and make a decision Jurisdiction:The right of a court to hear a case and make a decision
8Types of Jurisdiction Exclusive and Concurrent Jurisdiction Some cases can only be heard in federal courts. In that case, federal courts have exclusive jurisdiction.Many cases may be tried in a federal court or a State court. In such an instance, the federal and State courts have concurrent jurisdiction.Original and Appellate JurisdictionA court in which a case is first heard is said to have original jurisdiction over that case.A court that hears a case on appeal from a lower court has appellate jurisdiction over that case.The Supreme Court exercises both original and appellate jurisdiction.
9Appellate Jurisdiction Authority of a court to review the decisions of the lower court. Hears cases on appealOriginalJurisdictionAuthority of a court to hear a case before any other court; grants a trial
19The Federal Court System The federal courts try cases involving federal laws and the Constitution.
20U.S. Supreme CourtU.S. Court of AppealsU.S. District Courts
21The Constitution and Laws define the jurisdictions, powers and structure of the federal courts.
22Types of Cases heard by Federal Courts: -Constitutional Questions-Crime committed on federal propertyViolation of federal lawsDisputes between statesDisputes involving foreign governments.
23District Court Jurisdiction Federal Judicial Districts The District CourtsDistrict Court JurisdictionDistrict courts have original jurisdiction over most cases that are heard in federal courts.The district courts hear a wide range of criminal cases and civil cases.A criminal case, in the federal courts, is one in which a defendant is tried for committing some action that Congress declared by law to be a federal crime. A federal civil case is one which involves noncriminal matters.Federal Judicial DistrictsThe 94 federal judicial districts include at least one district in each State, the District of Columbia, and Puerto Rico.Larger and more populous States are divided into two or more districts, reflecting the larger amount of judicial work done there.
24U.S. District Courts Only Trial Court Plaintiff: U.S. Government Defendant:Accused1 JudgeJuryOriginal Jurisdiction
25U.S. Court of AppealsIf unhappy with ruling in District Court, the accused needs a legal reason to appeal to this court.3 Justices (judges)No juryAppellate Jurisdiction
26Appellate Court Judges Appellate Court Jurisdiction The Courts of AppealsThe courts of appeals were created in 1891 to handle much of the burden that the Supreme Court faced in ruling on appealed cases.Appellate Court JudgesAltogether, 179 circuit judges sit in the 12 appeals courts.A Supreme Court justice is also assigned to each of the circuits.Appellate Court JurisdictionThe courts of appeals only have appellate jurisdiction, hearing cases on appeal from lower federal courts.
27U.S. Supreme CourtFinal court of appeals if unhappy with ruling in District Court of Appeals9 JusticesNo JuryAppellate jurisdictionLimited OriginalJurisdiction
29U.S. Supreme Court Highest Court in the land The only court specifically listed in the U.S. ConstitutionJustices appointed by the President and approved by the SenateAppointed for lifeCan be impeached by Congress
30The Supreme Court is the guardian of the Constitution; checking the actions of the legislative and executive branches to insure that they do not violate the supreme law of the land.
32Judicial ReviewThe power of the Supreme Court to determine if laws made by Congress and executive acts of the President are Constitutional.
33Judicial ReviewJudicial review refers to the power of a court to determine the constitutionality of a government action.The Supreme Court first asserted its power of judicial review in the case of Marbury v. Madison (1803).The Court’s decision laid the foundation for its involvement in the development of the American system of government.124Chapter 18, Section 3
34Marbury v. Madison 1803 *Established the principle of judicial review. *Established the Supreme Court as the interpreter of the Constitution.*1st time that the Supreme Court said an act of Congress was unconstitutional.Marburyv.Madison1803
35Supreme Court Jurisdiction The Supreme Court has both original and appellate jurisdiction.The Court has original jurisdiction over cases involving two or more States and all cases brought against ambassadors or other public ministers.Most cases heard by the Court are appeals cases. The Court hears only one to two cases in which it has original jurisdiction per year.124Chapter 18, Section 3
36How Cases Reach the Supreme Court For a case to be heard by the Court, four of nine judges must agree that it should be placed on the Court’s docket.Writ of CertiorariMost cases reach the Court via writ of certiorari, an order to a lower court to send a record in a given case for its review.CertificateCases can reach the Court by certificate when a lower court asks for the Court to certify the answer to a specific question in the matter.
37Opinions of the CourtOnce the Court finishes its conference, it reaches a decision and its opinion is written.124Chapter 18, Section 3
39Brown v. Board of Education *The Supreme Court declared a state law unconstitutional.*Racial segregation in public schools violated the Constitution*Violated the 14th Amendment: All citizens have equal protection under the lawBrownv.Boardof Education1954
41*The Supreme Court decided the outcome of the presidential election. *Manual recount of presidential votes in Florida would stop*Recount was unconstitutional: it could not be completed by the deadline.Bushv.Gore2000
45Due Process Rights Principle Where is it Found? What does it mean? 5th Amendment prohibits the national government from acting in an unfair manner.14th Amendment prohibits the states and local governments from acting in an unfair manner.The Constitutional protection against unfair government action and laws.
46Trial by Jury 6th Amendment PrincipleWhere is it Found?What does it mean?TrialbyJury6th AmendmentRight to a speedy and public trial, by an impartial jury
47Rights of the Accused 6th Amendment Principle Where is it Found? What does it mean?Rights of the Accused6th Amendmentto be informed of the chargesto cross examine witnessesto have witness on their behalfassistance of counsel
49Equal Protection under the law PrincipleWhere is it Found?What does it mean?Equal Protection under the law14th AmendmentStates can not deny any person equal protection. Further defined that all men are created equal
50The judicial branch interprets the law in order to protect individuals from the power of the government.
51Appointment of JudgesThe power to appoint judges to federal courts falls on the President.The President nominates Supreme Court justices, as well as federal court judges, who are then subject to the approval of the Senate.Most federal judges are drawn from the ranks of leading attorneys, legal scholars and law school professors, former members of Congress, and State courts.234Chapter 18, Section 1
52Terms and Pay of JudgesJudges appointed to the constitutional courts, including the Supreme Court, are appointed for life.Judges of constitutional courts may only be removed by their own will or through impeachment. Only 13 federal judges have ever been impeached, and of them, seven were convicted.Judges who sit in the special courts are appointed for terms varying from 4 to 15 years.Congress determines salaries for federal judges.234Chapter 18, Section 1
54Criminal CasesThe court determines whether a person accused of breaking the law is guilty or not guilty of a misdemeanor, a less serious crime with a punishment of less than a year in jail or felony, a more serious crime punishable by more than a year in prison.
55Procedures for a criminal case ArrestJail or BailArraignmentPreliminary HearingTrialSentencing
56Arrest Police can place someone under arrest if: There is probable cause- reason to believe someone is guilty of a crime.The police officer witnesses a crime.An arrest warrant is issued.Miranda rights must be read: right to remain silent, to have an attorney
57Jail or Bail The accused may be committed to jail or released on bail. Bail- Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial
58Arraignment First Meeting in front of a judge Bail is set Attorney is appointed by the court if requestedPreliminary Trial date is set
59Preliminary Hearing Guilty or not guilty plea is entered Judge reviews probable cause (is there enough evidence to proceed to trial?)Trial date is set
60Trial (District Court) Prosecution- Government AttorneyDefense- Accused and AttorneyJury is chosenOpening StatementsWitness Testimony and Cross-ExaminationClosing ArgumentsJury Deliberation- must find the accused guilty beyond a reasonable doubt.Verdict
61SentencingIf a defendant is found guilty of a misdemeanor or felony, the judge will sentence them to probation, prison or to pay a fine.
62AppealThe convicted may appeal the case to a higher court if his/hers rights were violated or if there was an error in the court procedures.
64Civil CasesThe court settles a disagreement between two parties; often over money or harm to someone’s reputation.
65Plaintiff Person who feels that they have been wronged Initiates (begins) lawsuitFiles complain to recover damages or to receive moneyDescribes plaintiff’s injury, asks court to order relief
66Defendant Served a copy of the complaint Defends themselves against the complaintHas to be proven guilty by a preponderance (majority) of the evidence
67Disagreement Settled by: JuryJudge explains law that is relevant in the caseDetermine if defendant is responsible damages or compensationJudgeBench TrialDetermines if defendant is responsibleDetermines amount of damages or compensation
68The court decides which side is right or wrong; the decision can be appealed to Court of Appeals or to the Supreme Court.
71Juvenile who commits an act that would be a crime if they were an adult. Juvenile Delinquent
72Procedures for Juvenile Cases No juvenile is tried in the federal court system; state systems onlyJuveniles who commit serious crimes can be tried as adultsNo jury trials for juveniles; judges have greater latitude in handling casesGoal of the juvenile justice system is to rehabilitate not to punish