Presentation on theme: "THE JUDICIAL SYSTEM Chapter 18. The Judicial System Articles of Confederation did not set up a national judicial system Major weakness of the Articles."— Presentation transcript:
The Judicial System Articles of Confederation did not set up a national judicial system Major weakness of the Articles Constitution DID set up judiciary Article III
The Judicial System Dual Court System Federal courts – hear federal crimes Crimes made illegal by federal laws (kidnapping, tax evasion, mail fraud, counterfeiting, immigration offenses, drug-related offenses, assassinations) Supreme Court Inferior Courts – any federal court below the Supreme Court State courts – hear all other court cases (crimes that violate state laws & lawsuits)
The Judicial System Jurisdiction The authority of a court to try and decide a case Determined by the case’s subject or by the parties involved Federal courts have exclusive jurisdiction over special types of cases Federal crimes: State courts are NOT allowed to try these cases Concurrent jurisdiction – when either federal or state courts could hear a case Original jurisdiction – court in which a case is first heard Appellate jurisdiction – court that hears a case on an appeal from a lower court Can uphold, overrule, or modify the ruling
The Judicial System Two types of cases: Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law: The court resolves a dispute between two parties and defines the relationship between them. Lawsuits Most cases are tried and resolved in state courts, not federal courts.
The Judicial System Participants in Federal Court Plaintiff the party bringing the charge Defendant the party being charged Judge Nominated by the President, confirmed by Senate Jury the people (normally 12) who often decide the outcome of a case Attorneys Public Defenders – lawyers assigned to defend the poor
Structure of the Federal Court System District Courts (94) Original Jurisdiction – courts that determine facts about the case. The trial court. Federal Crimes Civil suits across state lines Courts of Appeals (12) Appellate Jurisdiction reviews the issues in cases brought from lower courts Hold no original trials, hear no testimony
Supreme Court Supreme Court 9 Justices: 1 Chief Justice, 8 Associate Justices Serve “during good behavior” John Roberts – Current Chief Justice Decides which cases it will hear Few original, mostly appellate About 100 cases a year
Supreme Court Two ways a case can reach the Supreme Court Writ of Certiorari Order by the Supreme Court for a lower court to send the record of a given case for its review “to be more certain” Certificate Lower court is not clear how it should rule, so it asks the Supreme Court to decide
Supreme Court Cases involving civil liberties Freedoms in Constitution Making decisions Oral arguments may be made for each side Justices discuss the case & make a decision Majority opinion – written to announce the Court’s decision and explain the reasoning Dissenting opinion – written by one who does not agree with the majority Concurring opinion – written by a member of the majority who wants to stress a point left out of the majority opinion Decision is announced
Supreme Court Precedent How similar cases were decided in the past Stare decisis Basically to let the previous decision stand unchanged Overturn the precedent Rule differently than previous decisions
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