Unit V Jurisdiction U.S. Constitution Constitutional right violation such as freedom of speech, religion, or other related to Constitutional Articles.

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Presentation transcript:

Unit V Jurisdiction

U.S. Constitution Constitutional right violation such as freedom of speech, religion, or other related to Constitutional Articles I-VII and Amendments Examples- Flag Burning Executive Branch Mall of America Capital punishment of 8 year-old

Federal Laws Federal crimes such as tax evasion, kidnapping, bank robbery or any laws created by Congress or Executive Agencies Examples- Crime crossing a state or international border Checking constitutionality of local, state, and federal laws

Admiralty and Maritime Laws Concerns or crimes that occur on the high seas, related to the seas, or international waters Examples- Shipwrecks Pirates Drug traffic Zebra Mussels Asian Carp

Disputes where the U.S. is involved Examples Violation of government contracts Involvement of government property Italian Gondola Accident Nuclear Testing Japanese Internment IRS

Controversies between States Examples- Disputes over milk prices Pollution from factories Interstate system Hwy 36 Bridge Asian Carp

Controversies between Citizens of different States Examples- Interstate commerce Product bought somewhere else in U.S. Jurisdiction limit to case involving $50,000 or more

Disputes involving Foreign Governments Examples- Case involving international law Citizen or company * However, American businesses and U.S. Citizens and Permanent Residents must respect laws and practices of other nations as they do ours

U.S. Ambassadors, Ministers, and Consuls serving in Foreign Countries American citizen working for the American government violates American law in a foreign country May be legal in respective country but employee may be liable for actions in U.S. Court system Usually high civilian officials

Jurisdiction Under most of these situations, the Federal Court System has Exclusive Jurisdiction Eight District Courts- Downtown Grand rapids. SCOTUS has the final say…if they want to…

Unit V Jurisdiction

Unit V State Jurisdiction

Michigan Government 3 branches: Executive Branch Legislative Branch Judicial Branch

Functions of Judicial Branch Guardian of MI state constitution & interprets U.S. Constitution Make sure laws applied fairly Help preserve order in society

Michigan Court System

District or trial court Handle minor crimes involving state or local laws. Hear all civil cases involving less than $25,000. Handle criminal cases of crimes that have punishments of not more than a year of jail. Judges are elected to a 6-year term. Di

Circuit Court Hear all civil cases involving more than $25,000. Hear all criminal cases involving serious crimes. Hear appeals (request for a higher court to review a case) from district courts. The Family Division of the Circuit Court deals with family matters such as divorce, child custody issues, and adoption. Judges are elected for a 6-year term

Michigan Court of Appeals Hear civil and criminal cases appealed from lower courts. Have a panel of at least three judges, not a single judge. Cases are heard in Detroit, Grand Rapids, Lansing, and Marquette. Decisions are final, unless the Supreme Court agrees to review a case. Judges are elected to 6-year terms.

Michigan Supreme Court Justices 7 Justices ( chief justice is Robert P. Young) Appointed by governor & then elected to 8 year terms Jurisdiction / Process Hear appeals from Court of Appeals (exception: hear appeals for 1st degree murder convictions) Justices look for error in the lower courts Only 5% of all trial court cases come to SC - they decide which cases to review If unhappy w/decision, can appeal to U.S. Supreme Court (rare cases accept ed)

Trial Court Jury Selection Trial court cases may be heard by judge or jury Juries consist of 6 or 12 members Jury pool picked randomly from voter registration lists & MI I.D. card/drivers’ license lists Jurors selected after lawyers & judge ask questions about ability to keep an open mind & knowledge of the case

Defendant Arrested Trial Court Guilty Not Guilty can appeal to Court of Appeals Reverse Conviction Uphold Conviction Defendant Free can appeal to Michigam Supreme Court Reverse Conviction Defendant Free Uphold Conviction Defendant Free

Goal of the court system is to provide equal justice for all.

Unit V State Jurisdiction