1 The Federal Court System Legal System Basics Legal System Basics Legal System Basics.

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Presentation transcript:

1 The Federal Court System Legal System Basics Legal System Basics Legal System Basics

Introduction to the Judicial Branch U.S. Court System Today U.S. has a dual system of courts: Federal Courts – handle criminal and civil cases involving federal law or any constitutional issueFederal Courts – handle criminal and civil cases involving federal law or any constitutional issue State Courts – handle criminal and civil cases involving state lawState Courts – handle criminal and civil cases involving state law

The Nature of the Judicial System Introduction: 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. Most cases are tried and resolved in state, not federal courts.

Federal Court Jurisdiction What is Jurisdiction? The authority of the courts to hear certain casesThe authority of the courts to hear certain cases Types of Federal Jurisdiction 1.) Original Jurisdiction : authority to hear a case for the first time Trials are conducted, evidence is presented, and juries determine outcome of caseTrials are conducted, evidence is presented, and juries determine outcome of case Federal District Courts and the Supreme Court (in certain cases) have original jurisdictionFederal District Courts and the Supreme Court (in certain cases) have original jurisdiction 2.) Appellate Jurisdiction: courts that hear reviews or appeals of decisions from the lower courts Federal Courts of Appeals and the Supreme Court have appellate jurisdictionFederal Courts of Appeals and the Supreme Court have appellate jurisdiction 3.) Concurrent Jurisdiction: allows certain types of cases to be tried in either the federal or state courts

The Nature of the Judicial System Participants in the Judicial System Litigants Plaintiff—the party bringing the charge Defendant—the party being charged Jury—the people (normally 12) who often decide the outcome of a case - to be selected for jury duty the person must either be a registered voter or have a drivers license

Judicial Selection: Lower Courts President has little to do with choosing President has little to do with choosing Due to large # of appointments, the Department of Justice and the White House staff handle most of these nominations Due to large # of appointments, the Department of Justice and the White House staff handle most of these nominations Senatorial Courtesy: allowing senators from president’s party who represents the state with the vacancy to approve or disapprove nominees Senatorial Courtesy: allowing senators from president’s party who represents the state with the vacancy to approve or disapprove nominees Federal Court Structure Federal Court Structure Federal Court Structure Federal Court Structure

7 District Courts The federal courts where trials are held and lawsuits begin. The federal courts where trials are held and lawsuits begin. Original Jurisdiction: hear cases for the first time Original Jurisdiction: hear cases for the first time Responsibilities: Responsibilities: Determining the facts of the case Determining the facts of the case Hold trials for civil and criminal federal cases Hold trials for civil and criminal federal cases Decide guilt or innocence Decide guilt or innocence Only courts where witnesses testify, juries hear cases, reach verdicts Only courts where witnesses testify, juries hear cases, reach verdicts

8 District Courts Number: Number: Each state has at least one. Each state has at least one. Number is based on state population Number is based on state population No more than 4 No more than 4 PA has 3 PA has 3 Total # of US District Courts = 94 Total # of US District Courts = 94

9 District Courts Hear federal criminal and civil cases. Hear federal criminal and civil cases. President appoints with help from the Senate (senatorial courtesy) President appoints with help from the Senate (senatorial courtesy) Salary: $199,100 Salary: $199,100 Length of term: LIFE Length of term: LIFE

10 Appeals Courts Review decisions made in lower district courts Review decisions made in lower district courts Appellate jurisdiction: Appellate jurisdiction: Authority to hear a case appealed from a lower court Authority to hear a case appealed from a lower court

11 Appeals Courts Number: 12 Number: 12 Types of cases heard: Types of cases heard: Cases where an appeal was made from a decision in a district court Cases where an appeal was made from a decision in a district court Appointed by President with the help of the Senate (senatorial courtesy) Appointed by President with the help of the Senate (senatorial courtesy) Salary: $211,200 Salary: $211,200 Term: Life Term: Life

12 Appeals Court Appeals courts do not hold trials. Appeals courts do not hold trials. Possible rulings: Possible rulings: Uphold the original decision Uphold the original decision Reverse/overturn Reverse/overturn Remand the case to the lower court Remand the case to the lower court

U.S. Supreme Court Today Chief Justice John Roberts, Jr. Chief Justice John Roberts, Jr. Associate Justices: Associate Justices: ANTONIN SCALIA (died Feb. 13 th, 2016) ANTHONY M. KENNEDY CLARENCE THOMAS SAMUEL A. ALITO, JR. STEPHEN G. BREYER RUTH BADER GINSBURG SONIA SOTOMAYOR ELENA KAGAN

14 Supreme Court Decide whether laws are constitutional Decide whether laws are constitutional JUDICIAL REVIEW JUDICIAL REVIEW The principle by which courts can declare acts of either the executive branch or the legislative branch unconstitutional. The Supreme Court has exercised this power, for example, to revoke state laws that denied civil rights guaranteed by the Constitution. The principle by which courts can declare acts of either the executive branch or the legislative branch unconstitutional. The Supreme Court has exercised this power, for example, to revoke state laws that denied civil rights guaranteed by the Constitution. Highest court in the land Highest court in the land Jurisdiction: Original and Appellate Jurisdiction: Original and Appellate

15 Supreme Court Cases heard: Cases heard: Cases that come through appeal Cases that come through appeal Cases that deal with the Constitution Cases that deal with the Constitution 9 Justices 9 Justices 1 Chief Justice, 8 Associate Justices 1 Chief Justice, 8 Associate Justices Salary: AJ - $244,000, CJ - $255,000 Salary: AJ - $244,000, CJ - $255,000 Almost all federal judges have Almost all federal judges have Had legal training Had legal training Held positions in government Held positions in government Served as lawyers for leading law firms Served as lawyers for leading law firms Served as federal district attorney Served as federal district attorney Served as law school professors Served as law school professors