THE JUDICIAL BRANCH

JURISDICTION  Each state has its own system of courts based on the State Constitution  The Federal Court system is the Supreme Court and other federal courts set up by Congress. Deal with U.S. Constitution and federal laws  Sometimes jurisdiction overlaps! This is called concurrent jurisdiction

STATE CRIMES  Violating the State Constitution – murder, robbery, etc  Tort – suing if you’ve been wronged  Family – divorce, custody  Businesses – taxes, labor laws  Elections – illegal registration/voting, tampering  Traffic - violations  Property – damage, determining ownership

STATE AND LOCAL COURTS  District Courts 34 locations spread out among the 12 districts One judge per court, no jury Deals with: Domestic violence Landlord/tenant Items wrongfully held/taken Motor vehicle/boat violations Misdemeanors Penalties usually under 3 years in jail and fines less that $2500

STATE AND LOCAL COURTS  Circuit Courts Located in all 23 counties and Baltimore City Get a jury because deals with the more serious cases Juvenile Cases Divorce Appeals from District Court

STATE AND LOCAL COURTS  Maryland Court of Appeals Highest court in the state of Maryland Cases come here after they have been to the lower courts 7 judges that get to decide what cases get heard Required to hear cases that deal with the death penalty FINAL WORD!!

FEDERAL CRIMES  Involving citizens from 2 different states  Involving an ambassador, high ranking official, or U.S. Agency  Took place in multiple states (D.C. Sniper, Michael Vick)  Bankruptcy  Patent or copyright laws  Violations of the U.S. Constitution (Bill of Rights, amendments)

UNITED STATES FEDERAL COURTS  U.S. District Courts 94 Federal Court Districts 1 court in each district; at least 1 in each state Courts in D.C., Puerto Rico, Guam, Virgin Islands Deal with FEDERAL laws

U.S. COURT OF APPEALS  13 Court of Appeals  Go to the one nearest to your district  Second and usually last step for those who dislike the decision made in the U.S. District Court

U.S. SUPREME COURT  9 Judges: 1 Chief Justice and 8 Associates  Decides what cases it wants to hear  Only accepts cases that deal with Constitutionality Ex: Civil Rights, Women’s Rights, etc.

ORIGINAL AND APPELLATE JURISDICTION  Original Jurisdiction is the decision made in the first trial  Appellate Jurisdiction is the decision made if you lose the first trial and appeal to a higher court to try to get the decision changed.

INCORPORATION DOCTRINE 14 th amendment – interpreted to say that the Bill of Rights was not just a Federal document but applied to the States as well!!

JURIES Grand Jury – decides if there is enough evidence for a trial (16-23 people) Petit Jury – decides guilty or not guilty (6 or 12 people) and determines sentence

JUDGES  Federal and Supreme Court judges are appointed for LIFE President appoints but Senate approves SC Judges  Jobs Maintain order Advise jurors Determine Constitutionality

BELIEFS OF JUDGES  Liberal Activist – Views the Constitution as something that should be interpreted and applied to modern day  Strict Constructionist – Views the Constitution as a document written in stone that should be followed to the letter

CLOSURE  A case that must be tried in a federal court is one involving :  a) child custody  b) medical malpractice  c) product liability  d)copyright violation