Chapter 7 section 2 notes The Federal Court System

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Presentation transcript:

Chapter 7 section 2 notes The Federal Court System

Intro Video clip on the judicial brach http://viewpure.com/UG0ZaAVF_i4?start=0&end=0

U.S. District Courts The U.S. Constitution, in Article III, Section 1, provides that “the judicial power of the United States shall be vested in ones Supreme Court, and in such inferior (lower) courts as the Congress may from time to time establish.” The first congress used this constitutional power to set up the federal court system. There are 3 levels of federal courts Each level of the federal court system is given jurisdiction in several kinds of cases. What is jurisdiction?

What is jurisdiction? Jurisdiction is the extent or scope of authority that court has to hear and decide a case that has properly been brought before it. There are 2 types of jurisdiction, original and appellate.

U.S. Federal Districts The lowest level of federal courts in the U.S. is the district courts. District courts are the trial courts and they are courts of original jurisdiction Original Jurisdiction is the authority of the court to hear and decide a case for the first time. District courts are the only federal court in which jury trials are held.

District courts cannot hear appeals from other courts. There is at least 1 district court in each of the 50 states and the District of Columbia. There are 94 federal district courts in the United States.

U.S. District Judges Judges do not make law, that is the job of the legislature. Judges apply the relevant law to the case before them. Federal district judges are trial judges. They conduct both civil and criminal trials with and without juries. All federal judges, except those in U.S. territories are appointed for life by the president and must be approved by the Senate. Federal judges can only be removed from office by impeachment by congress. Neither Congress nor the President can lower a judge’s salary during his or her time in office to ensure judges are not punished for their decisions in cases.

U.S. Courts of Appeals After a trial in a district court, the losing party may appeal to the next level of court. The next level of courts in the federal court system consists of courts of appeals. Appeals courts have appellate jurisdiction which means they have the power to review decisions made by lower courts. The 94 district courts are divided into 12 judicial circuits. Each circuit has its won court of appeals. Appellate court judges are appointed for life Courts of appeals do not hold trials. Instead, a panel of at least 3 judges makes a decision on the case.

Appeals judges examine the records of the district court trial and hear arguments by the lawyers for both sides. The judges do not determine whether the accused person is guilty or innocent of the crime. Their job is to determine only whether the original trial was fair and the law was interpreted correctly. The judges reach their decision by a majority vote. The court of appeals may send the case back to the district court for a new trial, or it may uphold the district courts decision. Sometimes, another appeal is made and that is to the U.S. Supreme court.

The U.S. Supreme Court The highest court in the land is the United States Supreme Court. The Supreme court is mainly an appeals court. It reviews cases that have been tried in lower courts and in state courts. The decisions of the Supreme Court’s 9 justices cannot be appealed.

The Supreme court has original jurisdiction in the following types of cases: Tries cases involving diplomatic representatives of other countries Cases between states Cases involving a state and the federal government.

Exit questions Answer on your own paper and turn in for a grade!!! 1. The decisions of the ___________________ are final and cannot be appealed. 2. All __________________, except those in U. S. territories, are appointed for life by the president and must be approved by the Senate. 3. There is at least one___________ in each of the 50 states and the District of Columbia. These courts are the courts of original jurisdiction.